Wrongful Convictions and Mental Illness

People with a mental illness (PWMI) are among the most vulnerable populations in the country, yet are far more likely to be incarcerated than people without a mental illness. PWMI are more likely to be wrongfully convicted for several reasons.At the onset of an investigation, PWMI are more likely to become suspects. Symptoms of mental illness breed fear and misunderstanding, arousing suspicion of a PWMI in the first place. Once approached by police, PWMI are more likely to escalate the initial encounter, leading to arrest and further interrogation. Through the lens of the Reid Technique, police misinterpret symptoms of mental illness as signs of guilt. Police continue using the Reid Technique to extract a confession. Mid- interrogation, PWMI are less likely to invoke Miranda rights. Without counsel, PWMI are more susceptible to minimization and maximation techniques, leading to higher rates of false confessions and ultimately, false convictions. These issues are significantly exacerbated for PWMI of color, who experience additional racial bias. From the beginning of an investigation to the end, the justice system seems perversely calculated to target innocent PWMI, rather than protect them. The case of James Blackmon demonstrates how an innocent PWMI can be railroaded into a false confession and wrongful conviction. This paper details Blackmon’s case, analyzes how each step of an investigation endangers PWMI, and examines possible solutions to protect innocent PWMI.

Other Criminal Trial–Related Competency Issues

Chapter 7 addresses other competency issues that may arise in conjunction with criminal justice proceedings. There are a range of such issues, and each potentially targets a different functional capacity. They include the competence to waive your Miranda rights and confess to a crime or make other self-incriminating statements; the competence to plead guilty and waive your right to a trial; the competence to waive your right to an attorney and represent yourself; and the competence to testify. This chapter provides a brief examination of the history and evolution of each of these competency issues, their governing standards, and related judicial procedures. To frame this discussion, an examination is provided of various potential impacts of mental disorders on each of these criminal trial-related competencies.

Self-Perceived Likelihood of False Confession: A Comparison of Justice-Involved Juveniles and Adults

False confessions represent a significant problem for the criminal and juvenile justice systems and juveniles may be at particular risk for falsely confessing. In part, this risk may be due to juveniles’ greater likelihood of waiving Miranda rights and, consequently, undergoing interrogation, as well as their heightened suggestibility and greater susceptibility to and compliance with authority figures compared to adults. With data from 260 participants in correctional facilities, this study compared juveniles’ ( n = 168) and adults’ ( n = 92) self-reported likelihood of false confessions. Younger juveniles reported significantly greater false confession propensity than did adults, especially in response to directive interrogation techniques. Older juveniles did not differ significantly from adults in their self-reported likelihood of false confession. Miranda rights comprehension mediated the relationship between age and false confession likelihood. These findings suggest the need for greater protections of younger juveniles during interrogations.

Feigned Miranda Impairment by Legally Involved Juveniles: The Vulnerability of Forensic Measures and the Development of Effective Screens

Forensic studies have almost entirely neglected research on adolescent offenders and their abilities to engage in malingering and other forms of deception. The present research represents the first empirical investigation into feigned Miranda-specific impairment by legally involved juveniles. Feigners ( n = 62) were compared with archival data ( n = 245) under genuine conditions. With virtually no preparation, juveniles effectively feigned major impairment on the Miranda Rights Comprehension Instruments (MRCI) and most aggregate scores of the Juvenile Miranda Quiz (JMQ). Based on established detection strategies, feigning scales were examined for both the MRCI and JMQ. Consistent with adult detainee research, the JMQ floor effect (JMQ FE) yielded good sensitivities and very high specificities. Low scale scores on the MRCI Comprehension of Miranda Rights–Recognition-II (CMR-R-II) evidenced strong promise at identifying potential feigners for more extensive evaluations. As discussed, forensic evaluators cannot afford to ignore feigned legal incapacities when examining pre-adjudicated adolescents.