The Investigative Interview an interviewer is any person who utilizes conversation to obtain information from another p

1. 1 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

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3. 3 The Investigative Interview �In it�s simplest form, the interview consists of a straightforward description of events� and �involve a description of events, behaviour, feelings, thoughts and intentions� Gudjonsson 1992

4. 4 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

5. 5 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.�

6. 6 The Standard [Police] Interviewaccurate and complete? 1. ORIENTATION introduction of parties, purpose of interview & legal requirements [i.e. administer �caution�] 2. LISTENING �free recall� account of what happened - open ended Q�s 3. Q&A specific questions, follow-up and �closed� Q�S 4. ADVICE/ACTION check & sign statements [if written] & inform subject of further action

7. 7 Reducing interview bias & increasing success 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;

8. 8 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 denial.

9. 9 Questioning in the police interviewa 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

10. 10 The Cognitive Interview - CI The CI (Fisher & Geiselman 1985) requires the following basic instructions at the start of the interview: 1. REINSTATE THE CONTEXT - the 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

11. 11 The Cognitive Interview - CI 3. RECALL THE EVENTS IN DIFFERENT 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.

12. 12 The Cognitive Interview [CI] Steps Phase 1: Greet & personalize - establish rapport 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]

13. 13 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

14. 14 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

15. 15 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

16. 16 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

17. 17 Typical Verbal Interview Behaviour Truthful People Direct & spontaneous Open and clear Story doesn�t change Verbal & non-verbal behaviour consistent Denies completely Few pauses outside baseline Denial becomes stronger with time if accused Deceptive People Evasive & frequent pauses Story changes or doesn�t make sense Verbal & non-verbal Inconsistent Denies factual information or that a crime/event happened Argues legal issues Overly polite or tirades Memory too good or fails Offers excuses not facts Complains excessively Slips of the tongue

18. 18 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 hair?] Inappropriate language [stylized or formalized]

19. 19 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 clues

20. 20 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?

21. 21 Cautions: the othello error & idiosyncracy errorCautions: the othello error & idiosyncracy error

22. 22 Why Do People Lie? To serve self-interest and self-promotion Social lies - to avoid awkward situations or discussion Privacy concerns Others?

23. 23 Fight or Flight or Freeze Response Mechanism

24. 24 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)