Retracted confessions: through opiate withdrawal to a new conceptual framework.

ABSTRACT

We note growing concern by defence councils over the reliability of confessions obtained from suspects withdrawing from opiate dependence. We focus on a case report and highlight the conceptual weaknesses of current thinking about confessions. A philosophical model is adapted to clarify the theoretical aspects and thereby provide a conceptual framework to help the doctor confronted with the practical issue of how to assess a suspect's fitness for interrogation or the reliability of an individual's confession. We argue that the practice of not treating withdrawal in custody is unjust and inhumane. The model presented is of value in dealing with the issues raised by retracted confessions generally and not just in the specific instances where the suspect is a drug user.