Title: Analyses of real-life police interviews with suspects: Strategies used and suspect responses.
1Analyses of real-life police interviews with
suspects Strategies used and suspect responses.
- Ray Bull and Samantha Leahy-Harland
21. Reasons for coercion
- One of the major assumptions underlying
justification for the use of coercive
interrogation techniques is the pervasive belief
(noted by Richard Leo) that -
- suspects almost never confess spontaneously but
virtually always in response to police pressure
(Leo, 2008, p. 162) and that - Confessions, especially to serious crimes, are
rarely made spontaneously. Rather they are
actively elicitedtypically after sustained
psychological pressure. (Leo, 2008, p. 119).
32. The traditional way
- In many countries the traditional way that
investigators have interrogated those whom they
suspect of having been involved in wrong-doing
has involved a pressurising or oppressive
approach. For example, - in India a fairly recent survey found that some
police officers said that they do use a variety
of intimidation techniques (Alison, Sarangi,
Wright, 2008) - the Reid approach which is widely used in the
USA (and is exported to other countries) has been
criticised for being sufficiently coercive to
cause false confessions - in North America a 2005 analysis of eleven
guidance books/manuals found that among the
tactics most widely recommended were
minimisation, maximisation, and the
use/mention of false evidence.
43. Suspects Interview Intentions
- Recently a limited amount of relevant research on
a new topic has consistently found that a
substantial proportion of guilty suspects had
not, in fact, decided to deny/say nothing in
their forthcoming police interviews (e.g. St-Yves
and Des Lauriers-Varin, 2009). For example, in
Australia Kebbell, Hurren, and Mazerolle (2006)
found that - only a half of the convicted sex offenders with
whom they held a research interview said that
they had entered the police interview having
already decided whether to deny or admit to the
crime(s) they had committed less than 20 had
planned to deny and around 30 had planned to
admit/give a truthful account. - The other 50 said they entered the police
interview not yet having decided whether to deny
or to admit/give a truthful account.
54. Reactance
- Kebbell, Alison, and Hurren (2008) noted that
some guilty suspects who (prior to and/or at the
beginning of the interview) may be considering
whether to admit/give a truthful account may
subsequently decide not to simply because of the
way they are being interviewed. - This psychological reactance has also been
mentioned by Gudjonsson (2006) and by Holmberg
and Christianson (2002) among others, but the
frequency with which it occurs in the
interviewing of suspects is deserving of much
greater research attention.
65. An association between interviewing style and
denials?
- In Sweden, whether denial or admittance occurred
was related by Holmberg and Christianson (2002)
to police styles of suspect interviewing in cases
of serious crime. - They found a relationship between (later
convicted) suspects recalled reactions about
their interviews and their denial/admittance, in
that those who said they had been frightened,
stressed, insulted were less likely to have
admitted. - These researchers concluded that a dominant
interviewing style is associated with suspects
denying crime (p.42). - In 2005 OConnor and Carson (both highly
experienced professional interviewers) found that
the predominant reason those imprisoned for child
molestation gave for why they gave truthful
accounts was the respect shown to them by the
interviewers.
76. A new approach
- In England and Wales in 1992 a new approach to
the interviewing of suspects (and
witnesses/victims) was developed and adopted
nationally by the police service. This approach
downplays the importance of the seeking of a
confession and instead heavily emphasises the
importance of gathering information from
interviewees - This still-evolving approach (called PEACE
see Milne Bull 1999 for its details and
extensive psychological underpinnings) has a
strong emphasis on ethically encouraging suspects
to talk, and only then questioning them (which
includes pointing out contradictions/inconsistenci
es in what they say and with other information
gathered prior to the interview). - In the light of recent research findings (e.g.
Dando Bull, 2011 also see work by Granhag and
by Hartwig) this challenging about
contradictions (by using the gradual presentation
of evidence/information) is now becoming a major
emphasis in UK investigator/interviewer training,
which is seeking to employ our GRIMACE approach.
8Our GRIMACE approach
- Our GRIMACE approach is for use in complex
cases the interviewer in a planned way gradually
lets the suspect know the relevant information
the interviewer has available. - It involves
- (i) Gathering Reliable Information/evidence
before interviewing, - (ii) Motivating a free recall Account from
the suspects, and then - (iii) during the open-ended questioning phase
Challenging Effectively (i. e.
gradually/incrementally) the suspect (using the
information to point out contradictions etc.)
about what the suspect has so far said. - (One of the main reasons for our gradual
revelation is that in complex cases the
interviewer may well be aware of a considerable
amount of possibly incriminating information and
dealing with this one major topic at a time is
likely to reduce the cognitive load for the
interviewer but incrementally increase for the
guilty suspect the realisation that (i) their
contradictions/lies are being revealed and (ii)
the information/evidence incriminating them is
strengthening.)
97. Some very new findings
- The data/findings to be presented as part of this
symposium are drawn from a recently analysed set
of contemporaneously tape recorded police
interviews with 56 suspects regarding very
serious crimes (e.g. murder, rape). (We are now
beginning to write up this work for publication.) - The interviews involved fairly recent cases that
were no longer ongoing. - Many of these interviews (discounting breaks
within them) lasted several hours (some on
consecutive days). - Each audio-recording tape has a maximum duration
of 45 minutes and thus 407 such tapes were
analysed. (Only a few suspects did not want to
have a legal advisor present.) - Among the main issues our analysis has so far
examined are (i) the strategies used by
interviewers and (ii) the responses made by the
suspects.
108. Number of times each interviewer strategy was
used across all of the interviews with the 56
suspects
- Presentation of information/evidence
8,713 - Challenges
2,280 - Explicitly asks for account/tell truth
338 - Rapport/empathy
273 - Requests attention of suspect
151 - Describes trauma of victim (or victims family)
126 - Use of silence
94 - Situational futility
62 - Emphasises seriousness of offence
57 - In the suspects interest to talk
49 - Describes injuries of victim
42 - Reiterates the caution
33 - Gives the Special warning (relating to silence)
21 - Maximisation
01 - Minimisation
00 - (See me later if you need a description of any of
these tactics.)
119. Interviewer strategies
- Thus we found that the strategies most frequently
used were - presentation of information,
- challenges,
- explicitly asking for an account/the truth,
- and rapport/empathy. (All of which are
emphasised in the UK PEACE training.) - Minimisation and maximisation (which the UK
police are told not to use) never/almost never
occurred (as also found in a different study
see Bull and Soukara, 2010).
12 10. For the two most frequently used
interviewer strategies, the mean frequencies of
use across the nine five-minute time segments per
tape were fairly constant.
- time Presentation of information
Challenges - 0 to 5 2.77
0.44 - 5 to 10 3.62
0.84 - 10 to 15 3.71
0.88 - 15 to 20 3.53
0.99 - 20 to 25 3.54
1.05 - 25 to 30 3.68
1.00 - 30 to 35 3.57
1.16 - 35 to 40 3.22
1.16 - 40 to 45 1.83
0.59
1311. Suspects Responses
- Of the responses made by suspects, relevant
responses were most frequent, with a mean
frequency of 76 occurrences per tape. - No comment responses were the second most
frequent response, occurring on average 21 times
per tape. - It was rare for the suspect to challenge the
interviewer or for the suspect to answer in an
unclear or irrelevant manner. -
- Complete silence was also quite rare with a mean
frequency of six occurrences per tape. - When each 45 minute tape was broken down into
five-minute time segments, the distribution of
the above types of suspects responses did not
differ by time segment.
1412. Regression analysis was employed to examine
if any strategies were associated with suspects
responding relevantly
- Strategy and ß values R² .31 (p lt .001). p lt
.05 plt.01 plt.001 - Positive associations
- Rapport/empathy .19
- Presentation of evidence .15
- Requests attention .13
- Negative associations
- Explicitly asks for account/tell truth -.27
- Emphasises seriousness of offence -.14
- Caution reiterated -.14
- Special warning -.13
- Situational futility -.10
- No association
- Use of silence .09
- Suspects interest to talk -.08
- Describe injuries .08
- Challenge .06
1513. Interview outcomes
- It was noted whether the 56 suspects admitted or
denied these very serious offences. - Most actively denied (64). (Active denials
included those interviews where the suspect
stayed silent or made/said no comment, but made
denials via a prepared statement in interview -
which either they or their legal advisor read
out.) - A further 13 neither admitted nor actively
denied, (i.e. they merely said no comment or
remained silent). - Relatively few suspects fully (7 n 4) or
partially admitted (16), typically fairly early
on in their interviews. - Given the few full admissions, no worthwhile
analyses are possible in terms of which
strategies may have been related to these (but
see the special sample of shift from denial to
admission interviews in Bull and Soukara, 2010). - However, for the 56 suspects, the eventual case
outcome was known to us for 49 of them, all of
whom were convicted.
1614. End
- Despite the fact that most of these suspects
seemed from the outset to be clear about their
position (a) to deny or admit and (b) to either
talk or not talk (the latter perhaps due to
preceding legal advice), this did not deter the
interviewers from continuing in these interviews
to employ a range of strategies recommended in
their (PEACE) training designed to encourage
suspects to provide an account, which most
suspects actually did. - The PEACE training focuses on the gaining of
information not confessions. - The majority of suspects in this sample regarding
serious offences were co-operative and provided
relevant responses to questioning. - Interviewers were more challenging to suspects in
the present study than has been observed in our
earlier studies (which have included suspects
mostly in less serious cases and interviews
recorded in earlier years than was the case for
the present sample). -
17References
- Alison, L., Sarangi, S., Wright, A. (2008).
Human rights is not enough the need for
demonstrating efficacy of an ethical approach to
interviewing in India. Legal Criminological
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