Allely C S, McKinnel T, Chisnall N
School of Health and Society, University of Salford, Greater Manchester, UK.
Gillberg Neuropsychiatry Centre, Sahlgrenska Academy, University of Gothenburg, Gothenburg, Sweden.
Psychiatr Psychol Law. 2024 Jan 10;31(6):1098-1113. doi: 10.1080/13218719.2023.2260846. eCollection 2024.
In New Zealand in 1985, Mr Alan Hall was convicted of murdering Arthur Easton and spent more than 19 years in prison. He was finally acquitted by the Supreme Court in 2022. In 2019, Mr Hall was diagnosed with autism spectrum disorder (ASD). There are a number of aspects of Mr Hall's investigative interviews conducted prior to his conviction in 1985 - the questions posed to him and his responses to these - which could be interpreted as being evidence of evasiveness, remorse, lack of empathy and guilt by both the investigating interviewer and the jury and judge when the evidence from this interview was later presented in court. This article discusses how the police approach to interviewing and Alan Hall's ASD were the catalysts for a tainted investigation, prosecution and conviction. The Crown now accepts that a substantial miscarriage of justice occurred in Mr Hall's case.
1985年在新西兰,艾伦·霍尔先生被判谋杀亚瑟·伊斯顿罪名成立,并在监狱服刑超过19年。2022年,他最终被最高法院宣告无罪。2019年,霍尔先生被诊断患有自闭症谱系障碍(ASD)。在1985年他被定罪之前进行的多次调查询问中——向他提出的问题以及他对这些问题的回答——调查询问人员、陪审团和法官在后来庭审出示这些询问证据时,都可能将其解读为闪烁逃避、懊悔、缺乏同理心和有罪的证据。本文讨论了警方的询问方式以及艾伦·霍尔的自闭症谱系障碍是如何成为有缺陷的调查、检控和定罪的催化剂。王室现已承认霍尔先生的案件发生了重大司法误判。