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Interviewing-and-fraud-Becky-Milne

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Interviewing-and-fraud-Becky-Milne Powered By Docstoc
					Upping our game the way
forward for investigative
     interviewing
     Dr. Becky Milne

  Centre of Forensic Interviewing
    University of Portsmouth
What is an investigator‟s job:
reactive investigation?
   Two Primary investigative questions:

     What   happened? If anything did happen?

     Who    committed the offence?

                                Milne and Bull (2006)
How do investigators answer
these two primary investigative
questions?

 Gather information from a number of
  sources (Kebbell & Milne, 1998)
 People
 Interview is pivotal – wide definition
 Performance measure: quality and quantity
  of information - contamination
 Interviewer behaviour
Importance of interviewing: suspects

 Miscarriages of Justice (Cardiff 3 etc).
 Central to acquittal - police interview with
  suspects
 McGurk et al (1994) - most frequent task
 Milne and Bull (1999) - most important job
 Limited guidance to do this ethically
 PACE and PEACE developed
 Minimal training around the globe
           Aim of PEACE

“Course aimed to ensure that the basic
interviewing skills necessary to apply
the model were developed for the
interviewing of all interviewees
(witnesses, victims and suspects) with
integrity and in accordance with the
law.                      Shaw (1996)
      Did PEACE work? – suspects
        Clarke and Milne (2002)
   P&P:      average skill level
   Engage & Explain:
     Good:   conform to legal requirements
     Poor:   check understanding of caution
              interview process and purpose
              rapport
   Account: average skill level
     Good:   self-confident and communication skills
              relevant topics and questioning
     Poor:   Summaries, links and challenges
   Closure: poor skills level
 PACE (1984): Sections 76 or 78
      10% (17) breaches
   5 oppression
     Undue pressure and bullying
     Continual challenge

 3 mental health issues
 7 legal requirements
     Failureto caution
     Explanations missing concerning legal advice

   2 other
     Background  noise
     Overuse leading questions
PEACE and counter-fraud
   Formally adopted for public sector fraud
    investigations in 1990s
   Walsh & Milne (2006) – DWP
     99 interviews benefit fraud suspect interviews
     Good use of open questions- facilitated info from
      suspect
     Legal and ethical
     Poor rapport
     Poor planning
     Not covering points to prove sufficiently
     Lack summaries
     Reasons for committing offence
Shawyer & Milne (2009)

   Questionnaire and examined actual interviews
   DWP and police fraud interviews/ers
   Advantages
    „…it focuses the mind on the interview with crib
    notes. It helps on the format and flow of
    questions…‟ (DWP)
   Disadvantages
    „…PEACE in (some) cases is often a
    “sledgehammer to crack a nut”…‟ (DWP)
    Performance in interviews

   Planning and prep. – good performance
   Rapport – poor
   Checked caution understanding appropriate
   Use of questions poor
      Few open questions
      Majority appropriate closed
      Some leading
   Closure adequate
Walsh & Milne (2007)
   Questionnaire to investigators and managers
    – views
     General   support
     Is it effective?
        Time

        Inflexibility   of the model
     Supervisory    framework to ensure standards
The importance of witnesses/victims
 Sanders (1986) - central and most important
  feature of criminal investigations
 Kebbell and Milne (1998) - central leads
 Milne and Bull (1999) - cornerstone of
  investigation
     often no other forensically relevant info.
     Planning and preparation prior to suspect
      interview
     outlines areas to prove an offence
     determines possible offenders
          Clarke & Milne (2002)
   Interviewing was poor
   Limited use CI or CM
   Closed questioning style
   Interviewer driven and confirmatory


      “far more leading questions asked, most
     interviewers didn’t allow the witness to tell
    their account and the interviews were mainly
                     police led”
ACPO Five Tiers
   Tier 1:   Probationer and police staff

   Tier 2:   Uniform investigators & detectives

   Tier 3:   Specialist Interviewers

   Tier 4:   Interview manager (supervision)/PIP

   Tier 5:   Specialist interview management
              and co-ordination
Do the Tiers work?: Suspects
Griffiths and Milne (2005)
   Study one – Does advanced interviewing
    work?

     49   AIs examined – assessment

     Pre   and post training examination – simulations

     Improvements    across all skill areas
                 Pre- training     Post- training
               Mean       SD     Mean        SD
Overall        3.18      0.31    4.19*      0.35
E&E            2.68      0.53    4.15*      0.35
Legal Beh      3.95      0.46    4.54*      0.30
Rapport Behs   1.96      0.75    3.96*      0.42
Account        2.83      0.50    4.08*      0.48
Topics         2.96      0.54    4.02*      0.61
Summarising    2.33      0.77    3.90*      0.78
Do the Tiers work?: Suspects
Griffiths and Milne (2005)
   Study two –
    Do skills transfer to real life?
    Do the skills stay over time?


     End  of course baseline vs real life within 6 months
      (mean 3 months) vs real life 10 months plus (mean 19
      months)
     27 AIs = 81 interviews
     Transference immediately into the workplace
     Skill erosion seen over time
               Post-training    Real-life     Real-life
                                 Time 1        Time 2
                Mean (SD)      Mean (SD)      Mean (SD)
E&E            4.12 (0.34)     4.08 (0.35)   3.81 (0.52)*
Legal Beh      4.54 (0.31)     4.58 (0.25)   4.50 (0.29)
Rapport Behs   3.91 (0.41)     3.73 (0.51)   3.45 (0.80)*
Account        3.94 (0.76)     3.81 (0.76)   3.55 (0.80)*
Topics         3.91 (0.72)     3.88 (0.93)   3.74 (0.84)
Summarising    3.68 (0.66)     3.40 (0.98)   2.89 (1.23)*
Conclusions: the future
   Front-line interviews:
     Dando,   Wilcock, Milne & Henry (2010): quick and not
      complex
     Telephone   exchange – call handling

   Technology
   Counter-fraud specific interview model?
   Detecting deceit
     Using   the ECI – reverse order recall (Vrij, Mann,
      Fisher, Leal, Milne & Bull, 2008)

				
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