P3 - C.P. - Collection of Evidence (COG) Flashcards

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1
Q

Background

Police interviews

A
  • There are two types of people that can be interviewed by the police: suspects and witnesses.
  • Suspects are interviewed in an accusatory way, where the goal is to retrieve a confession from them if they are believed to be guilty.
  • Witnesses are not suspected of a crime and so they are interviewed in a more open way to try to get them to remember as much information as possible.
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2
Q

Background

Interviewing suspects

A
  • It was once considered acceptable to use physical force to try to get a confession out of suspects during a police interrogation.
  • Today, the police use psychological rather than physical pressure to try to ‘crack’ suspects into giving a full written confession.
    Fred Inbau and John Reid, authors of Criminal Interrogation and Confessions, (a book still widely used by police today) developed the ‘Reid technique’.
  • This technique contains nine steps for police interrogations to follow.
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3
Q

Background

Overview of the Reid Technique

A
  • The Reid technique is based on the assumption that if you provide an unpleasant enough environment for the suspect, they will give a confession to escape the situation.
  • With this in mind the technique encourages the police to be accusatory and to not accept denials or explanations from the suspect.
  • An admission of guilt is achieved by presenting the suspect with two choices – both of which make the suspect seem guilty but with one being less moral than the other (e.g. did you mean to shoot him or did the gun go off by accident?)
  • The nine steps in The Reid Technique can be used in any order and not all nine steps (apart from the first and final step) need to be used in every interrogation.
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4
Q

Background

Reid’s 9 steps

A

1. Positive confrontation – Tell the suspect that you believe without doubt that they are guilty.
2. Theme development – Present themes that try to explain why the suspect is guilty in a understandable way.
3. Handling denials – Never allow the suspect to deny their guilt.
4. Overcoming objections – Objections the suspect makes should be used as a way of making the suspect acknowledge their guilt.
5. Procurement of suspect’s attentionPersonal Space and Eye Contact should be used to make sure the suspect doesn’t become withdrawn or quiet.
6. Handling passive moods – If the suspect becomes upset or defeatist, use this as a acknowledgement that they are upset they have been caught doing the crime.
7. Present an alternative question – Give the suspect two choices about what happened (both are guilty, however one appears more understandable than the other).
8. Get the suspect to make an oral confession of the crime.
9. Convert the oral confession to a Written Confession that can be used in court.

People Too Hot Outside Perhaps Handle Perfectly Good Cocacola

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5
Q

Background

Criticisms of the Reid technique

A
  • Although interrogation has been proven to get confessions from suspects, it has also been criticised.
  • Gisli Gudjonsson is a Psychologist who has argued that interrogation techniques lead to false confessions (due to the psychological pressure put on them during interrogation).
  • Reid and Inbau claim that this would be unlikely to happen, although there is evidence to the contrary.
  • In 1975, six men from Birmingham were arrested and imprisoned on suspicion of carrying out IRA bombings. Despite these men making confessions, in 1991 their cases were overturned due to the fact the confessions were deemed ‘unsafe and unsatisfactory’.
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6
Q

Background

False Confessions

A

Gudjonsson (2003) states that there are several factors that lead to a false confession:
* Defendants who are very young or very old are more likely to make false confessions.
* Suspects arrested very suddenly or interrogated over a long period are more susceptible.
* Suspects who are ill, stressed or intoxicated are also at risk.
* Finally, the interrogation itself can create false confessions through leading questions and interview tactics.

From Gudjonsson’s work he developed the Gudjonsson Susceptibility Scale that can be used to predict how likely it is that a suspect will make a false confession.

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7
Q

Background

UK procedures

A

In the UK there are procedures to help prevent false confessions.
* All interviews have to be recorded and passed on to the police and solicitors, and a sealed copy must be not be tampered with.
* The copies allow for each interview to be scrutinised to ensure that they haven’t been too coercive.
* Furthermore, vulnerable suspects can have an adult assigned to sit with them during the interview as a source of support.

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8
Q

Background

Interviewing witnesses

A
  • The aim of interviewing a witness (instead of a suspect) is to try to get them to remember as much information as they can, in as much detail as they can.
  • With this aim in mind, police interviews use psychological techniques that are designed to increase the amount and accuracy of memory the witnesses recall.
  • Link to Loftus & Palmer, & Grant
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9
Q

Background

Cognitive Interviews

A

The Cognitive Interview was developed by Ronald Fisher and Edward Geiselman.
This interview technique was based on two major psychological principles:
1. Context Dependent Memory – that recall is better when an individual has cues from the environment where they remembered it.
2. There is more than one way to retrieve a memory; if one retrieval cue doesn’t work then there are other cues that might.

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10
Q

Background

Cognitive Interviews: 4 retrieval techniques

A

1. Report everything – even if it seems irrelevant to the crime. These extra details can act as cues that may aid the memory of relevant information.
2. Recall in different temporal orders – Witnesses should recount the story in different orders instead of just beginning to end. They may be asked to start at the end and explain the story background. Doing this may cue participants to details they didn’t think of before.
3. Context reinstatement – witnesses can mentally place themselves at the scene by being asked to remember the environment (lights, smells and sounds) which might help aid context dependent memory.
4. Recall from different perspectives – The witness is asked to recall things from someone else’s perspective at the scene (e.g. another witness, the victim or the suspect).

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11
Q

Background

Cognitive Interview Strengths

A
  • Fisher et al. 1989 tested the effectiveness of the cognitive interview - field experiment on 16 detectives from Florida.
    1. The detectives’ police interviews on the job were recorded, they were trained in use of the cognitive interview and then their interviews were recorded again.
    2. A team at the University of California then analysed the interviews for how much information was gathered.
  • They found that once the detectives had been trained in the cognitive interview they could obtain 47% more information than they had done previously and 63% more than other detectives not trained in the cognitive interview.
  • The study revealed that the cognitive interview helps police officers get a higher quantity and quality of information from witnesses.
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12
Q

Background

The Enhanced C.I.

A
  • In Fisher & Geiselman (1992) revised the cognitive interview into a more structured framework.
  • Establishing a Rapport with the witness to make them feel at ease and comfortable with the officer – aiding memory recall.
  • The witness should also be informed of what is expected of them in the interview as they may be unfamiliar with the process. This will also help to reduce their anxiety.
  • Interview-compatible questioning is also a new addition ensuring that the officers match their questions to the aspect the witness is recalling rather than the whole event, to aid their recall.
  • Witnesses can also be asked to sketch a plan of where the event took place to aid as another memory cue.
  • Interviewers should also stay away from leading questions and focus more on open-ended questions.

Rapport = Social Cohesiveness with another (Interviewer)

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13
Q

Background

Criticisms of C.I.

A
  • Time Consuming - especially true for the enhanced cognitive interview where building rapport takes time.
  • Dando et al. (2009) has found that one of the key aspects of the cognitive interview, context reinstatement, is regularly not applied or delivered poorly (possibly due to the time-consuming nature of it).
    However, one strength of the cognitive interview is its tested effectiveness at retrieving a higher quantity of accurate information from witnesses.
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14
Q

Key Research

HIGHAM & MEMON - Reviewing C.I. (Summary)

A
  • The aim of this research was to present several pieces of research that had been conducted about the cognitive interview.
  • It was hoped that presenting lots of research would help raise issues about the cognitive interview that should be considered.

There are four sections to the article:

  1. The effectiveness of components of the CI technique
  2. Comparison interviews
  3. Measures of memory
  4. Quality of training
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15
Q

Key Research

Context Reinstatement

A

Witnesses are told to remember everything about the environment where the crime took place.
* Milne (1997) has shown that this is a very effective part of the C.I. as this method alone gathers as much information as all four components of C.I. put together.

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16
Q

Key Research

Report everything

A

Participants remember everything that happened, even if it seems irrelevant.

17
Q

Key research:

Recall from Different Perspectives

A

Asking witnesses to recall the event from other people’s point of view.
* Doing this could mean the witness makes up information or gets confused about what they saw.
* Police interviews in practice tend not to use this component.
* Milne (1997) shows that although this technique can get accurate information, it doesn’t increase the information that is accessed.

18
Q

Key research:

Recalling in different Narrative Orders

A

Asking the witness to recall in reverse order starting from the end to the beginning of the event.
* Geiselman and Callot (1990) found that witnesses found it easier to recall events in order AFTER they had recalled it reverse order rather than just repeating their recollection twice.

19
Q

Key research:

Testing each component

A

To fully understand the effectiveness of each component, Higham and Memon suggest that each part of the cognitive interview should be tested separately.
* Memon et al. (1996) compared the use of each individual component in a study and found there were no differences in the recall of a event between any of the techniques.
* Milne (1997) also compared the use of the complete cognitive interview against each individual component and this once again showed no differences in the quality of recall across the four components.
* However, when all four components were put together for the full cognitive interview, it still did not get any more information than Context Reinstatement on its own.

Milne concludes that this makes context reinstatement the most effective component of the cognitive interview.

20
Q

Key research:

Comparison Interviews

A

A good way to test the effectiveness of the cognitive interview would be to compare it against other types of police interview.
* Standard Interview - was the most commonly used before the Cognitive Interview was adopted. Difficult to compare as and can vary wildly depending on who is conducting the interview.
* The Standard Interview also focuses on building Rapport and the use of time-consuming open questions.
* Therefore Comparing the Standard Interview w/ Enhanced C.I. is useful, as you would be able to tell if it is only the Cognitive Components (that are not present in the standard interview) that allow for greater recall.
* Guided Memory Interview - also contains elements of Context Reinstatement but none of the other components – making for a useful comparison against the C.I. to see if elements other than context reinstatement make a difference to recall.

Rapport = Social Cohesiveness with another (Interviewer)

21
Q

Key research:

Measures of Memory

A

When testing the CI it is important to be able to measure how effective it is at aiding memory.
* Previously memory was measured in how many correct and incorrect statements an interviewee would make.
* Measuring memory in this way doesn’t give any insight into how interviewees will select the information they recall (some may withhold info they are not 100% on).
* Memon and Higham suggest that the C.I. could be used to develop methods measuring more than correctness - but how likely they will be to share information with the interviewer.

22
Q

Key research:

Quality of Training

A

Training is Important to C.I. - from Handouts to Programmes
* Memon et al. (1994) found that officers who do not adopt cognitive interview techniques well is due to poor training. Officers may be resistant to training from Uni researchers rather than High-Ranking Officers.
* Attitudes, motivation and prior experience are also very important.
* Higham and Memon suggest that officers should go for a two-day training programme in C.I. and state that officers who already show an aptitude to be excellent interviewers should be selected for the training.
* However, poorer interviewers who are not selected will not benefit from the training.

23
Q

Key research:

Final Conclusions on C.I.

A

Even though C.I. has been an effective development in police investigations, there are still Methodological Issues. Higham and Memon suggest:
* Researchers should ensure there is a suitable control group to use as a comparison (e.g. Standard Interviews).
* Research should try to take into account Individual Differences from officers (like attitude, experience, prior performance and motivation).
Overcoming these issues will improve the understanding of C.I., which in turn increases the usefulness of this already effective forensic tool.

24
Q

Applications

Reducing False Positives

A

Both C.I. for Witnesses and the Reid technique of interviewing Suspects have been designed to be useful to the police when conducting criminal investigations.
* Interviewing suspects can result in Innocent People may give False Confessions.
* PEACE used in the UK and based on the principles of Enhanced C.I. can be used for both Witnesses and Suspects.
* Less Confrontational than a traditional Interrogation.

25
Q

Kassin’s Review on PEACE

A

Kassin et al. (2010) suggests that using this technique will reduce the number of False Confessions.
* Ensures Interviews w/ Suspects are video recorded, improving Transparency of the Interrogation Process, allowing Judges and Juries to see exactly how confessions are extracted from suspects.
* Practical Application - Judges and Juries can Determine the amount of Pressure put on a Suspect and whether there is a Possibility of False Confession.

26
Q

PEACE Technique Meaning

A

P -reperation and Planning
E -ngage and Explain
A -ccount
C -losure
E -valuation

27
Q

P - Preperation and Planning

A
  • Framework for Interviewer to be guided by, Determine what is/needs to be Known/Discovered
  • Domestic circumstances, Previous Record w/ Police
28
Q

E - Engage and Explain

A
  • Interviewee must have expectations of normal interview (recorded, notes taken) and told why they are being interviewed
29
Q

A - Account

A
  • More Supportive role so the Interviewee feels in control of the Interview so they can talk as much as possible
  • Break their story into Chunks through Open and Closed Qs, giving Interviewer real Control over the Interview
  • Leading Qs allowed but only as last resort, as they can Distort Memory
  • Interviewer encouraged to continue asking Qs if they say “No Comment”(= UK right to remain silent) to ensure no defence team can take advantage of gaps left
  • Adverse Inference - Jury drawn attention to the suspects silence (only allowed under specific circumstances)
30
Q

C - Closure

A

Brief but Accurate Summary for the Recording - Clarifications made

31
Q

E - Evaluation

A
  • The Officer’s Reflection to Improve their own personal performance
  • Evaluates How the New Info helps the Investigation and what to do next
  • Interviewer critiques all the info found in the interview
32
Q

PEACE - Usage

A

Originates from UK, where it was Internationally Praised, and introdced in:
* Canada
* Hong Kong
* Australia
* Ireland
* Singapore
* UAE

33
Q

Forensic Hypnosis

A
  • Unconscious State: Less Aware, Interviewer could manipulate & Plant false memories
  • Guided to an Altered State of Consciousness so that they can Consciously Concentrate Better on an Important Memory
  • Can be used by NYC, Israel, Texas - less Ethnocentric
  • Can be useful for for bringing up Trauma (Ethical issues) and enhancing Eyewitness Memory
  • Therefore, Used as a Last Resort
34
Q

Real World Examples/Proof of Forensic Hypnosis

A
  • 26 California schoolchildren and their bus driver held at gunpoint and forced into a cave that was sealed -They Survived and the Driver was Interviewed
    Mental Re-enstatement: Told to imagine it as if it was a documentary he was watching.
    Able to recall the number plates of the vans they were shoved into - Kidnappers were Found & Found Guilty
  • 2 Girls raped and told their parents would be killed if anything was said to the police.
    They remembered the car they were taken with many Specific Details - Led to the Criminal’s Arrest