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Studies
and surveys have found that both minors and the
mentally impaired are more likely to make false
confessions, in part because they are more
vulnerable to suggestion. A recent study conducted by Northwestern University
law professor Steve Drizin and UC Irvine
criminologist Richard Leo examined 125 cases in
which individuals were exonerated after giving
false confessions. The researchers found that 32%
of the cases involved minors and 22% of the cases
involved individuals with mental retardation. "They
are more likely to go along, agree and comply
with authority figures - to say what the police
want them to say - than the general population,"
notes Emory University professor Morgan Cloud,
who co-wrote another study that found that the
mentally impaired - even those who with mild
forms of mental retardation - are largely
incapable of understanding police admonitions of
their right to remain silent and to have an
attorney.
A study published in the University of Chicago
Law Review examining comprehension of Miranda
rights found that only 27% of disabled persons
understood that confessions can be used against a
suspect, while 91% of nondisabled persons
understood this concept. Disabled subjects were
also found to be far less likely to understand
that police cannot threaten suspects, that police
and judges cannot force suspects to talk, and
that there is no penalty for remaining silent.
While juveniles and those with mental impairments
are most likely to succumb to psychological
pressure and make erroneous admissions during
intense police interrogations, experts note that
even the able-minded are at risk. Social
scientists and legal experts say the best way to
ensure that confessions or admissions are
truthful is to require detectives to tape them
from the Miranda warning in the first interview
until the end of all subsequent interviews. Some
states, including Alaska and Minnesota, already
require this type of videotaping. UC Berkeley
sociologist Richard Ofshe notes that video or
voice recordings of confessions would reduce
false confessions by as much as 90% because it
would stop coercive tactics that are sometimes
used by police.
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