Effects of Interpreters on Interviews of Suspects and Witnesses

1. Effects of Interpreters on Interviews of Suspects and Witnesses Shellee Wakefield PhD Candidate & Dr. Stephen Moston

2. Presentation Overview • Background of Research • Brief Queensland Overview • Queensland Police Service (QPS) Policy • Witness Credibility Study • New Police Perception Study (2011) • Research Impact/Practical Application

3. Background of Research

4. Queensland • Interpreters provide a vital bridge of access in legal proceedings • 160 different ethnic communities • Australia has a large population of non-English speakers • The use of interpreters by the QPS is on the increase • Police/State/Federal Government initiatives

5. QPS Policy • Government policy to provide a fair and equitable service to all people in QLD • Interpreters and translators should be used when investigating criminal offences, complex legal matters and during court procedures • Emphasis on the complexity of the interaction

6. Known Problems • Lack of adequate guidelines for interpreters • Lack of competently trained legal interpreters • Inadequate policy/legislation - discretion • People who are untrained or unaware of how to use interpreters effectively • Lack of interpreters for indigenous Australians • Increased demand for services • Miscommunication

7. Two Grey Areas Effects of interpreters on perceptions of witness credibility Police perceptions of interviews requiring interpreters

8. Witness Study • 2 (age of witness) x 2 (presence of interpreter) design • Investigating the effects of interpreters on: • Credibility of the witness • Credibility of the statement • Credibility of the interview • Design • Participants (64) viewed one of four videos of a police officer interviewing a witness and assessed their credibility • The witness presented the same testimony

9. What is Credibility? Credibility Measure: • Perceived accuracy, believability and confidence (Luss, Wells & Turtle, 1995) • Trustworthiness, reliability and honesty (Peled, Iarocci & Connely, 2004) • Perceived truthfulness, and deceptiveness (Sabourin, 2007)

10. Adult with Interpreter Condition

11. 1. Credibility of the Witness No significant difference between adult and child witness credibility No significant difference in credibility when an interpreter was or was not present Literature:Age: children are generally perceived less credible (Ross et al. 2003). Race or Ethnicity: prejudice (Lindholm, 2005)

12. 2. Credibility of the Statement • Significant interaction effect between age of the witness and use of interpreters on participant statement credibility scores • Mean Credibility Scores • Adult with interpreter (M = 4.49) • Child alone (M = 4.35) • Child with interpreter (M = 4.15) • Adult with interpreter (M = 3.74) • Literature:Accuracy: vulnerable witnesses less able? (Ross et al. 2003) • Language: powerful and powerless speech (Ruva & Bryant, 2004) • Accent: Ethnicity and Accent factors (Frumkin, 2007)

13. 3. Credibility of the Interview • A significant difference between the age of the witness and the perceived credibility of the interview. • The child witness, regardless of the presence of an interpreter received lower credibly scores. • Discussion Points: lack of support person, child was treated as an adult, environment and questioning may have been perceived negatively

14. Further Considerations • Trial type (e.g. serious crime) • Witness Age • Witness/Suspect Interview/Interview method • Cultural background of witness • Length of interview • How interview is recorded (e.g. focus of camera/positioning)

15. POLICE PERCEPTIONS OF INTERVIEWS WITH INTERPRETERS

16. Timeliness of Research Queensland Police Service looking to improve: Policies, procedures, training when interacting with vulnerable people and diverse communities Interviewing techniques and strategies for day to day policing as well as complex, major and serious crime Statistics are poor – This impacts the services we provide and the services of others!

17. Police Perceptions • Time it takes to find and use an interpreter • Unfair advantage • Difficulty in reading behaviours/detecting deception • Interpreter siding with the person • Cost implications • How does an officer decide an interpreter is required? • How does the need for an interpreter change the interview style? (Venditto, J, South Australia Police, 2000)/Queensland Police Service

18. Methodology • Investigating police perceptions of interpreted interviews. • Methodology: • Survey • 500 -1000 police officers • Quantitative/Qualitative

19. PILOT STUDY RESULTS • Police: • Thirteen officers • Six Males and Seven Females • Ten Detectives • Ranks - Constables/Senior Constables/Sergeants/Senior Sergeants • 3-28 years of experience as police officers • Diverse crimes: assault, sexual assault, robbery, fraud, theft, prostitution, drug offences, offences against children, domestic violence

20. Interesting Results • Need for Training • Inclusion of interpreters for the deaf • How police make the decision to use an interpreter • Difficulties using an interpreter • Changes in interviews/questioning

21. How did you know (or come to the decision) the person required an interpreter? • “I asked them” • “Claimed not to speak English – bit questionable, but interpreter was arranged anyway” • “I did not feel the suspect understood me 100% and he needed to understand everything I was putting to him” • “Obvious communication problems” • “So far I have found people can speak enough English to indicate what interpreter they need” • “victim was hearing impaired by his own admission” • “there was obvious language barriers”

22. Potential Research Outcomes Police training Inform policy and decision makers Investigative Interviewing Practical changes to statistical databases Improved connections with internal and external service providers Equal access to justice system Sharing information

23. Contacts/Questions Shellee Wakefield Senior Policy Officer Domestic and Family Violence Unit Queensland Police Service Wakefield.ShelleeJ@police.qld.gov.au Ph: (07 3364 4240)