Communication Difficulties and Participation in Police Interviews: Experiences of Suspects with Cognitive Disabilities

Abstract Police interviews place considerable demands on suspects, who must understand questions, recall events, communicate clearly and assess their legal situation under conditions of stress and uncertainty. For individuals with cognitive disabilities these demands can be especially challenging. Drawing on twelve qualitative interviews with individuals in Norway who had been suspects in criminal investigations and who reported cognitive disabilities, this study examines how participants experienced police questioning through their own accounts of these encounters. The participants described difficulties with communication and understanding, but these challenges did not necessarily bring the interaction to a halt. On the contrary, suspects often continued to cooperate and provide information even when they were unsure about what was happening or how their statements were being understood. In some cases, misunderstandings became difficult to correct once they had entered the investigative process. This evidentiary risk arises when misunderstandings or compliance-based responses enter the investigative record and are treated as more reliable than they are, potentially shaping the course of the criminal case in unintended ways. The study adds empirical knowledge about how communication problems and limited opportunities for correction may develop during questioning, and highlights some of the challenges involved in identifying such difficulties while interviews are taking place. Using reflexive thematic analysis, four themes were identified: understanding and exercising rights, communication breakdowns, pressure and production of unreliable statements, and resignation and loss of corrective capacity.