Dassey v. Dittman

Brief Filed: 3/18
Court: United States Supreme Court
Year of Decision: N/A - Certiorari not accepted

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Whether a confession made by a juvenile with significant intellectual and social limitation was voluntary, and if so whether on de novo review the confession was involuntary.

False Confessions

The case involves a gruesome murder that occurred at Mr. Dassey’s uncle’s auto repair facility. Over the course of several interrogations, Mr. Dassey, a juvenile with an intellectual disability, gave conflicting statements about many aspects of what occurred on the date of the murder. Throughout the interrogation sessions, the police employed interrogation tactics such as deception, promises of leniency and repeated suggestion of key facts about the crime. Ultimately, Mr. Dassey confessed to raping and murdering the victim and then asked if he would be able to get back to school in time for an afternoon class in which he had a project due. There is no physical evidence linking him to the crime other than the confession. A copy of the 7th Circuit opinion is attached.

This case brings together three areas of psychological research in which APA has already filed strong and persuasive amicus briefs presenting the courts with relevant science.

The first is the social science regarding risk factors for false confessions. APA has filed seven amicus briefs in state supreme courts on this topic, several of which have been cited in precedent-setting decisions regarding false confessions.

The second research topic addresses the attributes of juveniles that bear on their participation in the criminal justice system, in this case an interrogation. APA has filed three amicus briefs regarding juvenile characteristics in the Supreme Court beginning with the landmark case, Roper v. Simmons, which declared unconstitutional the juvenile death penalty. The Roper majority cited research regarding attributes of juveniles that affect their interaction with the criminal justice system, such as impulsivity and failure to foresee consequences of their actions. Subsequent APA briefs describing juvenile attributes supported decisions abolishing the sentence of life without parole for juveniles.

Finally, APA’s brief provides research about attributes of those with intellectual disability that affect their participation in a police interrogation. APA has filed a number of briefs regarding intellectual disabilities in the Supreme Court with notable results. APA’s brief in Atkins v. Virginia, which was instrumental in the Court’s decision to strike down the death penalty for those with intellectual disabilities, was followed by several briefs regarding how to diagnose intellectual disabilities. APA’s briefs were cited in subsequent pertinent decisions — most notably Hall v. Florida and Moore v. Texas.

On June 25, 2018, the U.S. Supreme Court denied Mr. Dassey’s petition for certiorari. See APA’s press release.