Psychologist Zlatan Krizan and coauthors Breanna Curran and Richard Leo reviewed studies in the journal Psychology, Public Policy, and Law to map how fatigue can distort legal statements. They report that many people who meet police—suspects, witnesses and victims—often have poorer and more disrupted sleep than the general population.
The review identifies three stages when sleep‑related impairment can change evidence: before reporting an event, because fatigue weakens memory; during initial contact, when tired people may be less clear or engaged; and during custodial questioning, when fatigue raises vulnerability to pressure and to giving false confessions. Sleep loss reduces autobiographical detail and increases susceptibility to misinformation and leading questions.
The authors suggest documenting when interviews occur, how long they last, and signs of fatigue, using routine video recording, and developing protocols and legal standards that account for sleep disruption. They also call for more study of how tiredness affects decision‑making, stress, and confidence in memory.
Difficult words
- fatigue — strong feeling of tiredness and low energy
- custodial — related to being held by police or authorities
- susceptibility — state of being likely to be influenced
- misinformation — false or wrong information given to people
- autobiographical — relating to a person's own life memories
- protocol — official rules or procedures for an actionprotocols
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Discussion questions
- How might tiredness change a person's memory and behaviour when they speak to police? Give one or two examples.
- Do you think interviews should be routinely video recorded and signs of fatigue documented? Why or why not?
- What simple steps could police or legal teams take to reduce the risk of false confessions when someone is very tired?
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