Would You Confess To a Crime You Didn’t Commit?

A Michigan State University (MSU) study has proven sleep deprivation can be a contributing factor leading to false confessions.

“But…I would never confess to something I didn’t do.”

That’s a common belief in our society, but roughly 17% of police interrogations occur during normal sleep hours and that’s important when you consider sleep deprivation can lead to a false confession.

The study consisted of 88 students that were required to do various computer tasks, while being repeatedly informed not to press the “Escape” key–doing so would erase all study data. After the first sets of tasks were completed, the students returned a week later to the school’s sleep lab to complete even more tasks.  Again, they were all told not press “Escape.”

Half the group could sleep for 8 hours, while the other half were required to remain awake throughout the night. The next morning, each student was accused of pressing the “Escape” key.

When repeatedly asked to sign a statement admitting their guilt, here were the results:

• Of the sleep deprived group:
  • 22 falsely agreed to sign the statement admitting their guilt
  • When asked a second time, the total number increased to 30 false confessions
• Of the well-rested group:
  • 8 falsely agreed to sign the statement admitting their guilt
  • When asked a second time, the total number increased to 16 false confessions

That equates to 50% of the sleep-deprived students falsely confessed compared to a mere 18% of the well-rested students.

Sleep Deprivation as an Interview Tactic

Although the 14^th Amendment prohibits physical and/or psychological coercion, all other kinds of interview tactics are allowed during an interrogation.  Officers can use lying, trickery, and any other type of non-coercive methods to obtain a confession.  Even if an officer has no specific intention to deprive a suspect of sleep, it can be a common result of normal interview tactics.

The “Reid Technique” is one common way officers will try to elicit a confession. This good cop/bad cop technique involves:

• Isolation. Keeping you alone, away from family and friends.
• Maximization. Presenting theories of guilt supported by evidence (sometimes completely fabricated evidence) and a constant refusal to accept claims of innocence.
• Minimization. Persuading the suspect that good things will come if they confess, including but not limited to, promises of a lesser sentence or a chance to go home.

None of the above may sound facially unreasonable, but this tactic can go on for hours, which can easily lead to sleep deprivation, whether intended or not.

Lack of Sleep Causes Poor Judgment

Forcing suspects to endure hours of interrogation on severe lack of sleep can adversely affect the brain and cognitive functions–which makes it more understandable why one might confess to a crime they didn’t commit. Common affects of sleep deprivation include, but are not limited to, fatigue, irritability, difficulty concentrating, problems with reading and speaking clearly, poor judgment, disorientation, and visual misperceptions.

These effects can be detrimental to the suspect and are prevalent here in the U.S. Take, for example, Damon Thibodeaux who falsely confessed to the murder and rape of his younger cousin after being interrogated for a brutal 9 hours.  The confession came at 4:00 in the morning while Damon had already been awake for 35 hours.  He quickly recanted his confession, but it was too late.  After spending 15 years in prison, DNA proved he had in fact not committed the crime.  While there were many factors that lead to his false confession, sleep deprivation was easily a contributing factor.

The United Kingdom understands the importance sleep has on a person’s ability to reason clearly, as they strictly prohibit police interrogation on anyone that has not had at least 8 hours of sleep within the previous 24 hours. The MSU study may lead to an adoption of similar laws here in the U.S, but we aren’t quite there yet.

Miranda Rights Offer Protection

“You have the right to remain silent, you have the right to an attorney…”

If you’ve ever watched a crime show, you’ve heard it. It’s an inherent right against self-incrimination, but for some reason, more than 80% of people taken into custody waive their Miranda Rights.

The MSU study found you’re nearly 4.5 times more likely to falsely confess if you’ve been sleep deprived. This is one more reason it’s crucial to invoke your 5^th Amendment right and ask for an attorney immediately.  Doing so allows an attorney to ensure proper interrogation tactics (i.e. no interrogation while sleep deprived) are followed.