lecture6 by xiangpeng


									 The Investigative Interview
 “an interviewer is any person who utilizes conversation
to obtain information from another person” Gorden 1975

      Interviews involve:
      • Victims
      • Witnesses
      • Complainants
      • Suspects
     The Investigative Interview

“In it’s simplest form, the interview consists of
     a straightforward description of events”
 “involve a description of events, behaviour,
       feelings, thoughts and intentions”
               Gudjonsson 1992

     The Investigative Interview
“Information is the lifeblood of criminal
  investigation and it is the ability of investigators
  to obtain useful and accurate information from
  witnesses and victims of crime and that is crucial
  to effective law enforcement”. Director NIJ
  [cited in Stewart 1985:1]
“The investigative task is the core aspect of
  policing today and what emerges from that core
  task is they element of the ability to interview”
  Evan & Webb 1993:37

     Legal Issues & Police Interviews:
        admissions & confessions
• Usually duress, threats, promises or other
  inducements [rewards] may also be relevant to
  legal proceedings but any conduct that
  undermines the truth of the admission affects its
  “lawfulness”. Special effort needs to be made for
  vulnerable subjects.
• Model code: “Evidence of an admission is not
  admissible unless the court is satisfied that the
  admission and the making of the admission
  were not influenced by [a] violent, oppressive,
  inhuman or degrading conduct, whether towards
  the person who made the admission or toward
  another person; or [b] a threat of conduct of that
  kind.”                                             5
    The Standard [Police] Interview
       accurate and complete?
n   introduction of parties, purpose of interview & legal
    requirements [i.e. administer “caution”]
n   “free recall” account of what happened - open ended
n 3. Q&A
n   specific questions, follow-up and “closed” Q’S
n   check & sign statements [if written] & inform subject of
    further action                                           6
Reducing interview bias & increasing
 The interview is a complex “consciously
   managed” conversation to maximize relevant
   and valid information. Managing requires:
  the authority of control in the [one-way]
   interview process produces stress and
   anxiety in subjects [who over-compensate];
  Be aware both players tend to adduce
   information consistent with pre-given
   assumptions [bias] and [may] ignore,
   minimize or distort contrary information that
   produces “cognitive dissonance” and
   reinforce the risk of bias;
     Reducing interview bias &
        increasing success
 Identify inhibitors: unwillingness, deception
  and inability of the subject [i.e. shock & stress,
  confusion, disabilities, memory decay etc.];
 Use facilitators: fulfill mutual expectations; give
  recognition & sympathetic understanding,
  altruistic appeals, novel experience, catharsis,
  the need for meaning and rewards;
 Recognize motivations and resistance: self
  and other deceptions, concealing and falsifying,
  the use of techniques of neutralization and
 Questioning in the police interview
 a non-standardized & individualized interview

Question style is critical and may lead to the
  problem of interrogative bias - closed question
  alternatives based on uninformed premises and
  expectations are most prone to bias
Leading questions - “a question that indicates the
  wanted answer”
Context or antecedents: informed/uninformed
  premises and expectations e.g.. the interviewer
  introduces an incorrect premise which the subject
  unwittingly or knowingly agrees with and/or the
  interviewer displays a strong or weak expectation which
  suggests how the question should be answered
  The Cognitive Interview - CI
The CI (Fisher & Geiselman 1985) requires
    the following basic instructions at the
    start of the interview:
    environmental and psychological context
    of the event - feelings and senses [hear,
    see, smell etc.]
2. REPORT EVERYTHING - the subject is
    told not to withhold any information even
    if she believes it is not important     10
  The Cognitive Interview - CI
  ORDER - let the witness start at the beginning
  and report everything and then work backwards
§ 4. CHANGE PERSPECTIVES - after the
  witness has recalled what she observed, the
  investigator should ask her to place herself in
  the position of another witness and report what
  that witness may have seen.

    The Cognitive Interview [CI] Steps
•    Phase 1: Greet & personalize - establish
•    Phase 2: Explain the aims of the interview
•    Focused retrieval…allow the witness to talk
•    Report everything
•    Transfer control….
•    No fabrication or guessing
•    Concentrate hard…
•    Phase 3: Initiate a free report
•    Context re-instatement
•    Open ended questions
•    Pauses - tolerate & note
•    Observe non-verbal behaviour [& mirror]       12
    The Cognitive Interview [CI] Steps
Phase 3: Questioning
   Report everything
   Interviewee-compatible questioning
   No fabrication or guessing
   OK to say “don’t know”
   OK to say “don’t understand”
   Concentrate - assist
   Activate and probe an image
   Open & closed questions
  The Cognitive Interview [CI] Steps

Phase 4: Varied & extensive retrieval
 Change the temporal order
 Change perspectives
 Focus on all senses
Phase 6: Summary and confirmation
Phase 7: Closure
 Indicate follow-up required
 Provide advice on how to get help or information
              Basic Skills in the CI
   Establish rapport
   Listen actively…
   Encourage spontaneous recall
   Ask open-ended Qs
   Pause after each response
   Avoid interrupting
   Request detailed descriptions
   Encourage intense concentration
   Encourage the use of imagery
   Recreate the original context
   Adopt the subjects perspective
   Ask compatible questions
   Follow the CI sequence
    Evaluation of Eyewitness Factors
   Stress effects…
   Weapon focus
   Witness confidence/ credibility
   Cross-racial identification & ethnic biases
   Pressure to choose …answers/descriptions
   Post-event influences
   Unconscious transfers..
   Carry-over effects
   Forming composite facial images
   Live Vs Photo line-ups - fairness
   Multiple perpetrators                         16
   Typical Verbal Interview Behaviour
Truthful People             Deceptive People
 Direct & spontaneous       Evasive & frequent pauses
 Open and clear             Story changes or doesn’t
                                make sense
 Story doesn’t change
                               Verbal & non-verbal
 Verbal & non-verbal           Inconsistent
  behaviour consistent
                               Denies factual information or
 Denies completely             that a crime/event happened
 Few pauses outside           Argues legal issues
  baseline                     Overly polite or tirades
 Denial becomes stronger      Memory too good or fails
  with time if accused         Offers excuses not facts
                               Complains excessively
                               Slips of the tongue
    Common Errors in Interviews

• Interruption of the witness’s description
• Over use of Q&A format
• Poor sequencing of questions
• Negative phrasing [you don’t remember,
  you weren’t able to see? etc.]
• Non-neutral wording [did he have brown
• Inappropriate language [stylized or
     Common Errors in Interviews II

•   Staccato styles of questioning - rapid fire
•   Distractions
•   Judgmental comments
•   Lack of follow-up on potential leads
•   Under- emphasis of auditory or sense

       Concept of Lie Deception
Both psychological & physiological phenomena
play an important role in the truth finding process.
Physiological phenomenon occur as reactions to
stress & fear: when we are under stress or serious
threats, our autonomic nervous system will inhibit
salivation and all digestive processes, and result in
a dry mouth.
Others: blood pressure, eye movement, breathing,
sweating etc.
Freeze, fight or flight?

      Why Do People Lie?
• To serve self-interest and self-
• Social lies - to avoid awkward
  situations or discussion
• Privacy concerns
• Others?

Fight or Flight or Freeze
 Response Mechanism


FREEZE                 FLIGHT

                Types of Lies
• White     lies    (social    conventions,     reduce
  interpersonal    conflicts,   makes      life  easier
  sometimes by lying)
• Intentionally harmful and self-serving lies (lie to
  evade responsibility/illegal acts, lie to defame or
  defraud others)
• Lying by commission (fabricating information,
  active deceit, requires greater cognitive energy, i.e.
  Can’t contradict prior information)
• Lying by omission (this is a method of choice,
  involving less risk, simply concealing information
  so consider as passive deceit)

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