Collection Of Evidence (cognitive)

Question 1

Suspects have rights

Answer 1

• suspects have right to free legal advice including the right to have solicitor present during interview to represent + advise them
• must be told about your right to legal advice before questioned - cant cant question if chosen to have it
• during detainment suspets have the right to have at least 8 continuous hours free from questioning
• suspects have a right to remain silent during questioning

Question 2

America

Answer 2

In americe when taken into police custody for questioning the suspect must be informed of the 5th amendment - the right not to make any self-incriminating statements

Question 3

Torture

Answer 3

• torture used as a method of police interrogation is common in countries such as armenia, russia + ukraine. law enforcement agencies are known to intimidate + illtreat suspects with a view to extracting statements or confessions as a means of solving crime
• punching, kicking, hitting as well as electrical shocks

Question 4

Mikheyer vs Russia

Answer 4

Mikheyev - a police officer suspected in the rape + disappearance of a young woman was subjected to torture by police ivestigating the case. to scape the torture he jumped out of a window and is now permenantly disabled.

Question 5

Difference between interviewing + interrogation

Answer 5

interviewing;
- Non-accusatory
- Question and answers
- Notes taken to record suspect responses
Aims to:
> Extract information
> Retrieve memory
> Assess truthfulness
Interrogating;
- Accusatory
- No talking until the suspect wants to reveal the truth
- No notes taken until suspect tells the truth
Aims to:
> Extract the truth
> Get a guilty confession to take to court and punish

Question 6

The Reid interrogation technique

Answer 6

Manual includes interview and interrogation techniques for criminal suspects.
despite critism it causes undue anxiety in suspects the reid technique continues to be the most widely used method in t he uS

Question 7

The 9 steps of interrogation

Answer 7

1. positive confrontation = advise suspect that evidence led to them being a suspect
2. try to shift blame away from suspect to someone else
3. try to minimise frequency of suspect denials
4. use suspects reason why they didnt do it towards acknowledgement of what they did
5. reinforce sincerity to ensure that suspect is receptive
6. move theme of disscussion toward offering alternatives
7. pose alternative questions
8. get suspect to confess orally + to tell in full details of their crime
9. conversation of the oral confession into a written or audio or videotaped confession

Question 8

False confessions

Answer 8

• confessing to cover for someone else or as they feel like they wont belive them if they try to prove their innocence

Question 9

Confirmation bias

Answer 9

the nature of the situation means interrogators are likely to be affected by confirmation bias and see every behaviour displayed by the suspect confirms their expectations

Question 10

Willingness to comply

Answer 10

gudjonsson found individuals who score high on the suggestablilty scale are especially vulnerable to making a false confession when under interrogation because of their eagerness to please others + avoid confrontation
those with learning difficulties are more likely to confess because their memory can be more easily altered by misleading questions

Question 11

Psychological disorders

Answer 11

offenders with mental illness self-report a 22% lifetime false confession rate

Question 12

Witnesses - cognitive interview technique

Answer 12

cognitive interview technique was developed to try to elicit more detailed info from witnesses + victims than thhe standard interview technique
traditionally, there was no standard interview technique police were given little training + ere free o ‘ask whatever questions they feel are relevant frequnetly interrupted, asked rapid fire short answer questions + folloed inappropriate sequences of questioning’

Question 13

Context reinstatement

Answer 13

is based on research such as grant that shows recall is improved when it occurs in the same or a similar context to the one in which material was learnt.
this is achieved by encouraging interviews to recall enviromental details such as furniture, temp, sounds + smells as well as what they were thinking + how they were feeling in the lead up and during the event

Question 14

Report everything

Answer 14

interviewees are asked to tell the story of what happened, in their own words, and in as much detail as possible even details they think are irrelevant
the interviewer should not interrupt to ask aquestions only encourage + support

Question 15

Narrative reordering

Answer 15

witnesses are asked to recall story again, but in a different order. e.g. end to beginning

Question 16

Reporting from different perspectives

Answer 16

witnesses are asked to tell the story again but this time from the perspective of another witness. it is acknowledged that some of this info may be speculation but this may produce cues that generate new memories

Question 17

Key info

Answer 17

the interview format cannot be applied to all interviewees in the same format all the time - it is designed to be used as appropriate and not as a set prescribed format
the components are founded in memory research for example the context reinstatement element is based on context dependent learning and the changed order aims to avoid the use of schemas when retelling the event

Question 18

Enhanced cognitive interview

Answer 18

• Getting the dynamics right
• involves personalising the interview and establishing rapport with the interviewee
• Facilitating communication and control
• Give the witness control so they can report everything
• Free reporting and context reinstatement
• (the most accurate information is gained here)
• Use of open ended questions/ prompts. Ask them to use another order
• This avoids them using a story to retell events
• Introduce important questions
• This allows for any information not reported to be mentioned
• Closure for the witness
• Ensure they leave in a positive state of mind
• Evaluate the interview
• Listen/ watch the interview back.

Question 19

Pros + cons of Reid’s interrogation technique

Answer 19

• reid makes people confess to things they havent done
  + cognitive interview - more info is extracted from witnesses
• cognitive / enhanced cognitive interview - critics argue it is too time consuming and that these principles are not being consistently applied even when training is in place

Question 20

Aim of Memon + Higham (1999)

Answer 20

• aimed to make comments on the theoretical + methodological issues considered in cogitive interview research + the practical considerations relating to the use of the cognitive interview

Question 21

Effectiveness of of cognitive interview

Answer 21

+ Context reinstatement – used alone obtains as much information as when used as part of the whole CI technique (Milne, 1997)
+ Report everything – This aids recall of additional information as
witnesses avoid screening out anything they consider irrelevant – it is helpful when combining information from multiple witnesses
- Recall from a variety of perspectives - may confuse or mislead the
witness and lead to fabricated details (e.g. Memon et al. 1996a)
- Recall in different orders – no evidence to show that this results in any additional information being recalled (e.g. Memon et al. 1997a) + Others suggest saying it forward and then backwards helps recall (Geiselman and Callot, 1990)

Question 22

Comparing CI with other interviews

Answer 22

Structured interview techniques- Good comparison = Shares some characteristics to the enhanced cognitive interview - rapport establishment and not interrupting, Difference is no context reinstatement is used
Guided memory interview- Good Comparison = Focuses on context reinstatement to guide memory recall As it uses this, it is a good comparison however only if we were focused on the amount of recall rather than accuracy of it

Question 23

Measured of memory

Answer 23

• The use of simplistic measures of memory (such as the number of correct statements) may result in the underestimation of usefulness of the CI as it doesn’t consider how being ask to report everything can influence memory positively. Additionally when using the CI there appears to be no loss of accuracy when asked to report everything.
• Making witness/suspects swear by the truth may persuade them not to tell important parts of a crime
• A CI prevents this pressure by just asking them to report everything

Question 24

Quality of training

Answer 24

This is varies widely from study to study,
- Training not given to those conducting the Interviews
- Some interviewers being given just a list of instructions to follow but no formal training.
- Some studies have shown that 4 hours of formal training is insufficient to result in any increase in the amount of information obtained (e.g. Memon et al. 1994) – this study suggests a two day minimum.
- Officers can sometimes be reluctant to receive training from an outsider, which can also be an issue. This study suggests selecting those most willing and who show desirable characteristics.

Question 25

Conclusion of Memon + Higham (1999)

Answer 25

Although CI and ECI are exciting developments in the field of crime investigation, research has shown little conclusive evidence about the reason for their effectiveness (despite providing evidence that they are effective in some measures).
Further research is required to establish what components are effective and why this is the case. This research must ensure suitable control groups (ideally using the Structured Interview).

Question 26

Evaluation of Memon + Higham (1999)
Validity

Answer 26

• cognitive interviews more ecologically valid than standard as they flow more like a normal convo without rapid fire questions so witness feels more comfy
• context reinstatement been shown to be most effective of CI, which has high concurrent validity

Question 27

Evaluation of Memon + Higham (1999)
Reliability

Answer 27

CI = highly standardised, standard not so less reliable
CI can cause reduced reliability as recall from different perspectives could cause fabrication of data
Delivery of CI likely to have low inter-reliability as training to deliver varies
CI has high external reliability

Question 28

Evaluation of Memon + Higham (1999)
Ethics

Answer 28

• CI can be psychologically harmful due to context reinstatement
  -Data - mostly collects quantitative data about number of correct statements given in interview. Easy to compare
  -social sensitivity- implies SI less effective

Suggests suggests detectives are reluctant to receive training if still using standard interview method -> could be perceived as suggesting police are unprofessional

Question 29

Evaluation of Memon + Higham (1999)
Samples

Answer 29

Samples - focused of child witnesses (5-9) reducing ability to widely understand other people who can and can’t effectively use interveiw technique
Ethnocentrism - based on western ideas + tested in western cultures

Question 30

Evaluation of Memon + Higham (1999)
Usefulness of research

Answer 30

• M+H study shows that cognitive interviews collect more detailed + valid info from witness interviews. Could be used to improve training + practices
• highlighted the need for more research to be conducted in this field, using improved methods.
• suggests there will always be issues with the consistency of implementation any type of interview strategy because of motivation + other individuals differences

Question 31

Evaluation of Memon + Higham (1999)
Reduction vs holism

Answer 31

Focuses only on how the nature of the interview affects testimony, which is lie,lay to be only a number of factors that influence the accuracy of their memory (such as emotional context of crime, conditions in which crime took place

Question 32

Evaluation of Memon + Higham (1999)
Individual vs situational

Answer 32

The quality of the testimony from the interviewee is not just to do with memory + ability to give a good interview, but influenced by skill of interviewer in creating rapport + in reinstating emotional context of event

Question 33

Strategies for reducing bias in the collection + processing of evidence

Answer 33

-PEACE

Question 34

PEACE interview

Answer 34

a strategy used in UK, largely based of ECI. One specifically made for witnesses + one specifically made for suspects

P = preparation + planning - have a plan with all collected info e.g. timelines
E = engage + explain - check that they understand + explain purpose
A = account, clarify + challenge - allow witness to give an account, no interruptions. use open questions. Interviewer summaries info given
C = closure - close interview appropriately, reinforce rapport in promote future contact.
E = evaluation - establish whether everything that was required had been covered

Question 35

Evaluation of PEACE

Answer 35

+ effective in regards to crime - suspects + witnesses who are lying will gradually let story unravel
+ it is ethical, so appropriate all types of interview + interviewee
+ public confidence
+ support for victims + witnesses
+ consistent performance
- time consuming to carry out - as interviews should visit crime scene to better understand the case
- must ensure effective training is provided