In this article we intend to focus on the narrow but increasingly more signif icant issue of retractors in malpractice actions against therapists. It is generally believed that people do not make confessions unless they are actually guilty. It is also generally believed that retractors who recant their earlier statements must now be telling the truth. Courts have allowed expert testimony to be admitted on the issue of why people will falsely confess. In this paper we argue that expert testimony on why people falsely recant should also be admissible.
Alan Scheflin and Daniel Brown,
The False Litigant Syndrome: "Nobody Would Say that Unless It was the Truth"
, 27 J. Psychiatry & L. 649
Available at: http://digitalcommons.law.scu.edu/facpubs/108