Psychological Factors and Mechanisms that affect judicial processes Flashcards
Cognitive Interviewing (CI)
- toolbow of interview techniques used primarily with cooperative adult witnesses:
- rapport, ground rules
- “tell me everything you remember”
- teaching of different retrieval strategies to aid recall
- review of information
-techniques: social dynamics, cognitive processes (multiple and varied retrieval, context reinstatement, limited cognitive resources, minimization of guessing, minimization of constructive recall), communication
U:S: National Institute of CHild Health and Human Development (NICHD) Investigative Interview Protocol
- structured protocol:
1. pre-substantive phase: leads up to the discussion of target event
2. Substantive phase: focus on the target event - CI and NICHD are effective for interviewing people with ID and ASD
Self-administered CI (SAI)
- can be administered directly, important because delay could result in detail forgetting, misinformation
- reduces forgetting over time, and misinformation
Memorandum of good practice (MOGP)
- developed to better fit the needs of children
- Develop rapport
- Introduce ground rules
- Free narrative using open-ended prompts
- Focused questions
Achieving Best Evidence (ABE)
- importance of planning and preparation before a forensic interview
- treat victims as individuals (consider: age, gender…)
- obtaining a narrative from victims
Scharff’s technique
HUMINT interviewing technique
- humane and friendly approach
- emphasis on building rapport
- designed to circumvent an interviewee’s counter-interrogation strategies
PEACE model
-focus on obtaining information
P: prepare and plan E: engage and explain A: account (the interview itself, open questions) C: Closure E: Evaluation
Observing Rapport-based Interpersonal Techniques (ORBIT)
.-measures rapport at a macro-level and based on two frameworks:
- Motivational interviewing (MI): empathy, autonomy
- Interpersonal behavior circle (IBC) thepry: two axes of interpersonal interactions: love-hate, dominance-submission
REID technique
- confront suspect with evidence in the beginning (not a good idea)
- accusatorial interviewing: psychological interviewing, confirmatory questioning, end goal: confession
- leads to a lot of false confessions
REID manual:
- Direct, positive confrontation
- Theme development
- Handling denials
- Overcoming objectives
- Procurement and retention of the suspect’s attention
- Handling the suspect’s passive mood
- Presenting an alternative question
- Having suspect relate details of offense
- Turn oral confession into a written one
Estimator VS system variables
Estimator variables: can not be controlled by legal syste,. encoding and storage of memory
System variables: retrieval stage of memory, can be controlled by legal system
FMRI detection
- monitoring of neural activity (may be different from truth telling activity)
- clinical use: problematic, unclear, expensive
Polygraph
CQT VS Guilty knowledge
CQT:
- Irrelevant questions
- Relevant questions
- Control questions
Guilt knowledge:
- innocent person will react similarly
Verbal content detection
MISSING
- Statement validity analysis (SVA):
- Reality monitoring
- SCAN
Computer-based detection
MISSUNG
- Linguistic inquiry word count
- Voice stress analysis
- Layered voice stress analysis
Deception Approaches
- Emotional:
Lying causes different emotions than truth telling, leakage of these emotions might give liar away - Self-representation: found in both liars and truth-tellers, liars might appear ambivalent and tense, deception discrepancy
- Cognitive load: lying might be more mentally demanding that truth telling, general reduction in body movements
