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1 – 10 of 75Martin Vaughan, Rebecca Milne, Gary Dalton and Steven Retford
High-stake crime investigations include cases such as murder and rape. The purpose of this paper is to outline the components of an interview strategy for suspects. In the UK…
Abstract
Purpose
High-stake crime investigations include cases such as murder and rape. The purpose of this paper is to outline the components of an interview strategy for suspects. In the UK, these interviews are often managed by Interview Managers who are tasked with developing effective interview strategies with the aim of ensuring all parties involved in the interview process are dealt with ethically and legally using research-based methods.
Design/methodology/approach
This practitioner paper is based on the experience of the authors who have provided advice and support during high-stake crime investigations both nationally and internationally using the research-base to underpin their practical advice.
Findings
To be effective, a suspect strategy constructed by an Interview Manager in high-stake crime investigations should be designed within a framework that covers the provision of strategic advice on research-based interview processes including: co-ordination of the interview process, monitoring of the interview process and evaluation of the interview process.
Practical implications
To ensure interviews are effectively managed during high-stake crime investigations, the suspect interview strategy must be developed to a professional standard to allow for quality assurance and outside scrutiny.
Originality/value
To the best of the authors’ knowledge, this is the first published paper that outlines the nature of a suspect strategy that is based on a Framework consistent with elements of the UK National Occupational Standards.
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Brendan M. O'Mahony, Rebecca Milne and Kevin Smith
The purpose of this paper is to find out what role intermediaries have in facilitating communication with victims and prisoners at Parole Board (PB) oral hearings.
Abstract
Purpose
The purpose of this paper is to find out what role intermediaries have in facilitating communication with victims and prisoners at Parole Board (PB) oral hearings.
Design/methodology/approach
A survey was designed and administered to 39 PB members to find out their perceptions of, and experiences with, the use of intermediaries. Frequency tables and verbatim quotations are used to report the results.
Findings
Overall, participants had not experienced any use of intermediaries with victims or family members presenting victim personal statements at an oral hearing. Further, there had been limited use of intermediaries for prisoners attending oral hearings. Nevertheless, there was a good recognition of a range of communication needs that a prisoner might present with at a hearing. There was also general support for the use of intermediaries with some caution about possible delays to procedural fairness.
Practical implications
The early identification of communication support needs for prisoners and victims attending an oral hearing is essential. The PB should raise awareness with the PB Membership about the role of intermediaries. The PB should continue to develop guidance and policy surrounding intermediaries. Prison lawyers and HM Prison and Probation Service may require specialist training in identifying communication needs in vulnerable prisoners and identifying when a communication specialist might be required for an oral hearing.
Originality/value
To the best of the authors’ knowledge, this is the first published paper examining the role of intermediaries at PB oral hearings. It builds on the evidence base of the use of intermediaries in other criminal justice contexts.
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Brendan M. O'Mahony, Jane Creaton, Kevin Smith and Rebecca Milne
– The purpose of this paper is to find out how intermediaries interpret their role working with vulnerable defendants at court.
Abstract
Purpose
The purpose of this paper is to find out how intermediaries interpret their role working with vulnerable defendants at court.
Design/methodology/approach
In this study six intermediaries who have worked with defendants were interviewed using a semi-structured interview and the interview transcripts were analysed using interpretative phenomenological analysis.
Findings
Intermediaries appeared to be trying to make sense of their developing identities as professionals in the courtroom and this theme is conceptualised through social identity complexity theory.
Practical implications
Health and care professionals undertaking a new function in the criminal justice sector should receive training about the psychological processes underlying developing professional identities. Such training should reduce the cognitive load when they work in the new environment and failure to undertake this training may lead to less efficient practice. Gaining an understanding of their professional positioning within the court environment may assist with retention of intermediaries in this new role.
Originality/value
This is the first published study where intermediaries have been interviewed about their experiences with defendants. Recommendations are made including the requirement for additional training for intermediaries to understand the underlying psychological processes and conflicts they may experience when working with defendant cases.
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Sanne van Can, Olivier Dodier, Henry Otgaar and Fanny Verkampt
The purpose of this paper is to examine the beneficial effect of a modified cognitive interview (MCI) on adolescents’ testimonies in case of a negative emotional event…
Abstract
Purpose
The purpose of this paper is to examine the beneficial effect of a modified cognitive interview (MCI) on adolescents’ testimonies in case of a negative emotional event. Furthermore, the authors were interested in assessing the impact of a MCI on within-statement consistency.
Design/methodology/approach
In total, 37 adolescents (12-15 years) watched a emotionally negative video and were interviewed, seven days later, with a MCI or a structured (control) interview (SI).
Findings
Results showed that adolescents interviewed with the MCI reported significantly more correct and tended to report more incorrect information than those interviewed with the SI. Nonetheless, this rise in incorrect details did not impair the accuracy of statements gathered with the MCI (vs SI). Moreover, consistent, reminiscent, and forgotten information within a statement was positively linked to overall accuracy. In conclusion, testimonies gathered with the MCI might be perceived as more complete and detailed than the ones gathered with the SI.
Practical implications
The improvement of interview techniques helps solving criminal cases.
Originality/value
The innovative aspect of this work is that the benefits of the cognitive interview (CI) and the absence of an effect of inconsistency on accuracy are now also seen among adolescents.
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Melanie Sauerland, Svenja Mehlkopf, Alana C Krix and Anna Sagana
– The purpose of this paper is to test how modifying one’s alibi statement interacts with exposure to deceptive interrogation techniques.
Abstract
Purpose
The purpose of this paper is to test how modifying one’s alibi statement interacts with exposure to deceptive interrogation techniques.
Design/methodology/approach
In all, 90 participants walked about a university building for 15 minutes and either stole an envelope from a staff pigeonhole (guilty condition) or put the envelope there along the way (innocent condition). Subsequently, participants were asked to provide an alibi for the past 15 minutes. Guilty and half of the innocent participants were instructed to omit that they had been in the vicinity of the pigeonholes. The rest of the innocent participants were asked to tell the truth. Several days later, participants were questioned about six statements taken from their alibis, three of which contained altered information.
Findings
As expected, participants were largely blind to our alterations, with detection rates ranging from 1 to 36 percent. Contrary to cognitive load predictions, detection rates did not vary as a function of truthfulness. Rather, guilty participants were less likely to detect alterations than innocents.
Research limitations/implications
Memory distrust and guilty suspects’ aim to keep a low profile might be possible explanations for these findings.
Practical implications
It is recommended that law enforcement officers and other legal practitioners refrain from using deceptive interrogation techniques and such techniques that can cause inconsistencies in suspects’ reports. Researcher should make it their task to educate these professional groups about the natural occurrence of memory related, non-deceptive inconsistencies in successive statements.
Originality/value
This research uses a new methodology to study the effect of deceptive interrogation techniques on both innocent and guilty suspects. The findings are relevant for legal practitioners and researchers.
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Kimberlee S. Burrows, Martine B. Powell and Mairi Benson
Interviewing victims of child sex abuse requires considerable care in order to minimise error. Due to children’s heightened suggestibility any question asked of a child could…
Abstract
Purpose
Interviewing victims of child sex abuse requires considerable care in order to minimise error. Due to children’s heightened suggestibility any question asked of a child could potentially incite error that could undermine the witness’s credibility. A focus group was conducted in order to facilitate the development of guidance for interviewers around the circumstances in which it is necessary to ask children follow-up questions in an interview. The paper aims to discuss these issues.
Design/methodology/approach
Seven Crown prosecutors representing every Australian state and territory (with the exception of one small state) were issued with 25 hypothetical narrative accounts of child abuse and asked to indicate what information, if any, required follow-up in the child’s narrative. Their responses and rationale for requiring following up in some cases and not others were discussed.
Findings
Thematic analysis revealed three recommendations to guide questioning: whether the case involved identification or recognition evidence; the presence of contextual features that may influence the witness’s memory, or that should trigger a particular line of questioning; and whether the information can or should be sought at a later stage by the trial prosecutor, rather than by the interviewer.
Practical implications
The recommendations are discussed within the context of their implications for interviewing, that is, how each recommendation could be implemented in practice.
Originality/value
The present study extends prior literature by elucidating principles to guide decision making across interview topic areas. The need for such guidance is highlighted by research suggesting that topics such as offender identity, offence time and place, and witnesses are a source of overzealous questioning in interviews.
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A recent Supreme Court of Canada (SCC) ruling resulted in stricter rules being placed on how police organizations can obtain confessions through a controversial undercover…
Abstract
Purpose
A recent Supreme Court of Canada (SCC) ruling resulted in stricter rules being placed on how police organizations can obtain confessions through a controversial undercover operation, known as the Mr. Big technique. The SCC placed the onus on prosecutors to demonstrate that the probative value of any Mr. Big derived confession outweighs its prejudicial effect, and that the police must refrain from an abuse of process (i.e. avoid overcoming the will of the accused to obtain a confession). The purpose of this paper is to determine whether a consideration of the social influence tactics present in the Mr. Big technique would deem Mr. Big confessions inadmissible.
Design/methodology/approach
The social psychological literature related to the compliance and the six main principles of social influence (i.e. reciprocity, consistency, liking, social proof, authority, scarcity) was reviewed. The extent to which these social influence principles are arguably present in Mr. Big operations are discussed.
Findings
Mr. Big operations, by their very nature, create unfavourable circumstances for the accused that are rife with psychological pressure to comply and ultimately confess. A consideration by the SCC of the social influence tactics used to elicit confessions – because such tactics sully the circumstances preceding confessions and verge on abuse of process – should lead to all Mr. Big operations being prohibited.
Practical implications
Concerns regarding the level of compliance in the Mr. Big technique call into question how Mr. Big operations violate the guidelines set out by the SCC ruling. The findings from the current paper could have a potential impact of the admissibility of Mr. Big confessions, along with continued use of this controversial technique.
Originality/value
The current paper represents the first in-depth analysis of the Mr. Big technique through a social psychological lens.
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Christine Saykaly, Angela Crossman, Mary Morris and Victoria Talwar
The purpose of this paper is to investigate the influence of question type (open-ended, prompted, reverse order and chronological order recall) on children’s ability to maintain a…
Abstract
Purpose
The purpose of this paper is to investigate the influence of question type (open-ended, prompted, reverse order and chronological order recall) on children’s ability to maintain a truth or a lie in a two-part mock-courtroom study.
Design/methodology/approach
In total, 96 children (M age=131.00 months) between 9 and 12 years of age were asked to testify about an interaction with a research assistant the week prior. They were assigned to one of four conditions (true/false×assertion/denial).
Findings
Results indicate that question type has an influence on children’s ability to maintain their condition. Results also indicate that regardless of question type, children have difficulty recalling information sequentially.
Practical implications
Implications of the current research support the use of various question types, including increasing the cognitive load demands, when interviewing children.
Originality/value
To date, this is the first study to investigate the use of reverse order questioning in a courtroom study with children.
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