SUMMARY OF THE ARGUMENT
A confession that may be ruled legally "voluntary," and therefore admissible into evidence, does not conclusively establish actual guilt. Psychologists have conducted extensive studies concerning the reasons why accused criminal defendants sometimes confess falsely despite their actual innocence. These scientific studies confirm a phenomenon that is apparent from a number of cases. False confessions--even if they are determined to be "voluntary' for admissibility purposes--may be provoked by any number of circumstances ranging from the manner of interrogation to the psychological attributes of some criminal defendants. In any search for the truth, even voluntary confessions are fallible. Based on the scientific findings described in this brief, the APA urges this Court to recognize that in some exceptional cases a legally voluntary confession may still be found to be objectively false based on other evidence of innocence attributes of some criminal defendants. In any search for the truth, even voluntary confessions are fallible. Based on the scientific findings described in this brief, the APA urges this Court to recognize that in some exceptional cases a legally voluntary confession may still be found to be objectively false based on other evidence of innocence.
A court faced with other evidence of innocence should look beyond the fact that the defendant has confessed to ascertain the truth. This is particularly true where the defendant has characteristics, such as mental retardation, that predispose him to falsely confess.