Criminalizing disabilities by false confessions of guilt to criminal acts that lead to wrongful convictions of serious crimes.

1. CRIMINALIZING DISABILITIES &
FALSE CONFESSIONS OF GUILT
(Extended Edition)

2. Vulnerabilities Lead To
False Confessions Of Guilt
 70% Rate of False Confessions that
result in post conviction exonerations
involving:
 Serious Crimes
 Mental Illness
 Intellectual Disabilities
Source: National Registry of Exonerations Study (July 31, 2023)

3. The Misclassification Error
Predetermination of guilt because of:
 Bias or prejudice; or
 Inept training or supervision; or
 Failure or refusal to investigate; or
 Misconduct or malicious intents; or
 Ineffective legal counsel.

4. Heightened Risks For False Confessions
There are two critical stages:
(1) the custodial interrogation itself, where the
false confession occurs and is developed; and
(2) the post-hoc judicial assessment of the
interrogation and confession.
Source: Stanford Law Review, Vol 70, February 2018

5. Custodial Interrogation
 Custodial interrogation stages consist of:
(1)the officer’s first impression of a suspect;
(2) the Miranda waiver;
(3) the preadmission interrogation, in which
the police use various strategies to get a
suspect to admit guilt; and
(4) the postadmission development of the
story to ensure conviction of guilt.
Source: Stanford Law Review, Vol 70, February 2018

6. TYPES OF FALSE CONFESSIONS
Coerced Confessions
Compliant False Confessions
Persuaded False Confession
Voluntary False Confessions
Source: Journal of the American Academy of Psychiatry and
the Law September 2009, 37 (3) 332-343

7. Coerced
Occurs when “the
suspect publicly
admits guilt in
response to extreme
methods of
interrogation,
despite knowing
privately that he or
she is truly
innocent”
Compliant
Is given because of
police coercion, stress,
or pressure to
terminate an aversive
interrogation, to take
advantage of a
perceived suggestion
or promise of leniency,
or to avoid an
anticipated harsh
punishment
Source: Journal of the American Academy of Psychiatry and the
Law September 2009, 37 (3) 332-343

8. Persuaded
Occurs when police
tactics cause an
innocent person to
doubt his or her
memory and he or
she is temporarily
persuaded of his or
her own guilt despite
having no memory of
committing the
crime.
Voluntary
Occurs because of an
internal psychological
state or need of the
person confessing
guilt, or by external
pressure brought to
bear on the person by
someone other than
law enforcement.
Source: Journal of the American
Academy of Psychiatry and the Law
September 2009, 37 (3) 332-343

9. Eight Key Vulnerabilities To
Exploit For False Confessions
 Communication barriers;
 Misinterpretation of behavior;
 Suggestibility;
 Limited access to legal
representation;
 Prejudice and bias;
 Inadequate accommodations;
 Memory and perception issues; and
 Burden of proof.

10. Post-hoc Judicial Assessment
Divided between two constitutional
doctrines:
(1)the court determines whether the
Miranda warning was properly given
and the suspect’s rights were
properly waived; and
(2) the court analyzes whether the
confession itself comports with the
requirements of the Fourteenth
Amendment’s Due Process Clause.
Source: Stanford Law Review, Vol 70, February 2018

11. Burden Of Proof Issues
 Guardians must prove ward’s incapacity
and the powers & duties of the guardian.
 Provide the Letters Of Guardianship &
the probate court adjudication order to:
• Police or sheriff deputies involved;
• Jail or prison officials;
• Jail or prison medical & mental health;
• The defense attorney;
• The prosecutor; and
• The criminal court.

12. Right To Effective Counsel
 Miranda Rights: Right to remain silent and right to
have an attorney present during questioning.
 Statutory Rights: Right to have guardian present, to
assert or waive Miranda rights, and to talk with
the ward. RSMo 475.120.3(2)-(5) & RSMo 544.170.2
 Attorney Rights: Right to consult with others when
client has a diminished mental or intellectual capacity.
MO Rules of Professional Conduct, Rule 4-1.14(b)

13. Ineffective Legal Representation
Ineffective legal representation can occur
because of, but not limited to:
 Bias or prejudice of defense attorney.
 Prosecutorial misconduct.
 Defense attorney misconduct.
 Inept training or supervision.
 Excessive caseloads.
 Disgruntled attitudes.

14. Primary Responsibilities of Guardians
 Guardians must act with due diligence to protect
the legal rights of the ward.
 Always assert the wards Mirada rights (known
as the right to remain silent & to have an attorney
present during questioning).
 Always act in accordance with guardianship
statutory duties, rights and mandates.
 Do not talk about the alleged crime with the ward
if the conversation can be recorded or listened to by
police, jail personnel or prosecutorial staff.
 Work with the defense attorney.