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False Confessions: Causes, Consequences, and Implications

Dr. Leo is Associate Professor of Law, University of San Francisco, San Francisco, CA. Address correspondence to: Richard A. Leo, PhD, JD, University of San Francisco School of Law, 2130 Fulton Street, San Francisco, CA 94117. E-mail: rleo{at}usfca.edu

In the past two decades, hundreds of convicted prisoners have been exonerated by DNA and non-DNA evidence, revealing that police-induced false confessions are a leading cause of wrongful conviction of the innocent. In this article, empirical research on the causes and correlates of false confessions is reviewed. After a description of the three sequential processes that are responsible for the elicitation of false confessions—misclassification, coercion, and contamination—the three psychologically distinct types of false confession (voluntary, compliant, and persuaded) are discussed along with the consequences of introducing false-confession evidence in the criminal justice system. The article concludes with a brief discussion of the implications of empirical research for reducing the number of false confessions and improving the accuracy of confession evidence that is introduced against a defendant at trial.

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				R. Weinstock and C. Thompson Commentary: Ethics-Related Implications and Neurobiological Correlates of False Confessions in Juveniles J Am Acad Psychiatry Law, September 1, 2009; 37(3): 344 - 348. [Abstract] [Full Text] [PDF]