Remembering remotely: would video-mediation impair witnesses' memory reports?

Witnesses often experience lengthy delays prior to being interviewed, during which their memories inevitably decay. Video-communication technology – favored by intergovernmental organizations for playing larger roles in judicial processes – might circumvent some of the resourcing problems that can exacerbate such delays. However, whereas video-mediation might facilitate expeditious interviewing, it might also harm rapport-building, make witnesses uncomfortable, and thereby undermine the quality and detail of their reports. Participants viewed a crime film and were interviewed either one day later via video-link, one day later face-to-face, or 1–2 weeks later face-to-face. Video-mediation neither influenced the detail or the accuracy of participants' reports, nor their ratings of the quality of the interviews. However, participants who underwent video-mediated interviews after a short delay gave more accurate, detailed reports than participants who waited longer to be interviewed face-to-face. This study provides initial empirical evidence that video-mediated communication (VMC) could facilitate the expeditious conduct of high-quality investigative interviews.     

Evaluating interviews which search for the truth with suspects: but are investigators’ self-assessments of their own skills truthful ones?

Self-evaluation of one’s own performance has been found in prior research to be an enabler of professional development. The task of evaluation is also a core component of a model of the investigative interviewing of victims, witnesses and suspects, being increasingly used throughout the world. However, it remains the case that there has been little research as to how practitioners approach the task itself. The present study examined the topic through the lens of observing how effectively 30 real-life investigators in the UK undertook evaluation of their interviews, representing almost the entire investigative frontline workforce of a small law enforcement agency in this country. Using an established scale of measurement, both investigators’ and an expert’s ratings of the same sample of interviews were compared across a range of tasks and behaviours. It was found that in almost all the assessed behaviours, requiring of the investigators to provide a self-rating, their scores tended to significantly outstrip those applied to the sample by the expert. Reasons are explored for the investigators’ overstated assessments. Implications for practice are then discussed.     

Developing a scale to measure the presence of possible prejudicial stereotyping in police interviews with suspects: The Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS)

If police interviewers’ hold negative feelings towards certain groups, this may affect how they interview them (either as victims, witnesses or suspects) in that they may not obtain reliable accounts, being the aim of such interviews. The Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS) has been developed to assess the level of any investigative interviewers’ prejudicial stereotyping towards suspects. The current exploratory study involved semi-structured interviews with twenty people, who had previously been interviewed as suspects in England and also eight very experienced lawyers. Both their views were measured using the MIIPSS before being subjected to a Guttman analysis. Statistical analyses showed that MIIPSS satisfies the criteria for classification as a valid unidimensional and cumulative scale. Therefore, researchers could use MIIPSS as a tool to measure prejudicial stereotyping in investigative interviews. Interviewers could also use MIIPSS to monitor their own attitudes towards certain groups or individuals suspected of different types of crimes.     

Eye-closure improves memory for a witnessed event under naturalistic conditions

Eye-closure may help people remember live and videotaped mundane events and videotaped violent events. The present study extended this research by examining memory for a forensically relevant live event (a staged verbal altercation) and by interviewing witnesses under naturalistic conditions. Ninety-six witnesses were interviewed either inside in a quiet setting or outside on a busy street, with eyes open or closed. In free recall, eye-closure significantly increased the number of correct details reported, without harming testimonial accuracy. These benefits were significant for witnesses interviewed inside but not for witnesses interviewed outside. This finding highlights the potential role of spontaneous mental context reinstatement in the eye-closure effect. In cued recall, eye-closure improved fine-grain correct recall of visual details for both groups of witnesses. From an applied perspective, the findings suggest that police interviewers should instruct witnesses to close their eyes, both during initial statements taken on the street and during full interviews conducted at the police station.     

Trauma-exposed young victims: possibilities and constraints for providing trauma support within the investigative interview

For police, the aim of an investigative interview is to obtain a detailed and reliable account from the interviewee while remaining objective and impartial. This study explores the challenges involved in interviewing traumatised young victims and providing trauma support within the legal framework. The study is based on 19 videotaped investigative interviews of highly traumatised young victims of the 2011 Utøya terror attack in Norway and research interviews with the 17 detectives who conducted the police interviews. We analysed the research interviews that comprise the main data using qualitative inductive methods. We used the videotaped investigative interviews as a framework for the research interviews. We identified various types of constraint and support that the detectives perceived and found that objectivity is critical to the interviewers’ understanding of their professional role, which results in phase-bound support. At the beginning and end of the interview, they perceive opportunities to be supportive that are in accordance with recommended trauma care. However, the interviewing detectives become more passive when the conversation is about the criminal offence and seem less confident about being supportive. This study provides relevant new insights into how police experience interviewing traumatised young victims.     

Urgent issues and prospects in reforming interrogation practices in the United States and Canada

The current article presents a series of commentaries on urgent issues and prospects in reforming interrogation practices in Canada and the United States. Researchers and practitioners, who have devoted much of their careers to the field of police and intelligence interrogations, were asked to provide their insights on an area of interrogation research that they believe requires immediate attention. The submitted independent commentaries covered a variety of topics – from police recruitment, interrogation training, use of proper interrogation practices, and the treatment of confession evidence in court. Common concerns from the contributions pertained to the lag between scientific knowledge on interrogations and the application of such knowledge in the justice system, and the glaring disparity between the treatment of similar issues in the interrogation context versus other criminal justice contexts. A primary intent of this collection of commentaries is to serve as a resource pointing researchers in the direction of the fundamental areas that require immediate consideration and encouraging them to simultaneously pursue solutions to the overarching concerns that emerged from this project.     

The relationship between investigative interviewing experience and open-ended question usage

We present three studies examining the role of prior job experience in interviewing and interviewers' ability to learn open-ended questions during a training program. We predicted a negative relationship such that more experienced interviewers would perform worse after training than less experienced interviewers, and that (irrespective of baseline performance) the more experienced interviewers would improve the least during training. These predictions were made for two reasons. First, specific questions are commonly used in the workplace (i.e. open-ended questioning constitutes new learning). Second, experience in the use of specific questions potentially interferes with newly learned open-ended questions. Overall, our predictions were supported across different participant samples (including police officers specialized in child abuse investigation and social workers from the child protection area), time delays, and modes of training. The results highlight the need for investment in ongoing investigative interviewing training commencing early during professionals' careers, prior to the establishment of long-term habits in the use of specific questions.     

The cognitive interview: Inexperienced police officers' perceptions of their witness/victim interviewing practices

Purpose. The primary objectives of the study reported here were twofold. First, to investigate less experienced frontline police officers' perceptions of their witness interviewing practices with specific reference to their use of the ten cognitive interview components taught during initial PEACE (a mnemonic for the stages of the interview; Planning and preparation, Engage and explain, Account, Closure and Evaluation) interview training. Second, to investigate this group of officers' practical experiences of interviewing witnesses. Method. A sample of 221 young, in‐service, non‐specialist police officers from five UK police forces completed a self‐report questionnaire concerning their perceived witness interviewing practices. Respondents were surveyed about their use of the PEACE cognitive interview components, their practical experiences of interviewing witnesses and victims, and their views on investigative interviewing training. Results. There was a consensus among these officers that they perceived using some of the PEACE cognitive interview components more frequently and perceived some of them to be more effective than others. Conclusion. This study provides a unique insight into the perceived interviewing practices of some of the least experienced and the least trained investigative interviewers who conduct the majority of frontline witness interviews. These officers report feeling inadequately trained, under pressure and generally ill equipped to conduct a PEACE cognitive interview.     

Police officers' perceptions of older eyewitnesses

Purpose. This study examined United Kingdom police officers' perceptions about older witnesses (>60 years) and their thoughts about employing the cognitive interview (CI) with this group. Method. A questionnaire was used to assess officers' opinions about current interviewing protocols for older witnesses, including the CI, and to explore the challenges involved with interviewing older witnesses. Results. Over half of the officers surveyed perceived older witnesses to be less reliable and less thorough than younger witnesses. Many officers lacked confidence in dealing with the emotional distress and memory loss often displayed by older witnesses and victims. Several officers stated they were inadequately trained and had insufficient time to devote to interviewing in general. Moreover, the number of officers who considered the CI to be helpful with older witnesses was roughly equivalent to the number of officers who believed it was not. Conclusions. These results suggest that police officers, like mock jurors, consider older adult witnesses and victims to be less reliable and thorough than younger adult witnesses. Furthermore, the results indicate that many officers are not always satisfied with their interviews of older witnesses and victims. Implications for officer training are discussed.     

The association between investigative interviewers' knowledge of question type and adherence to best‐practice interviewing

It is well established that not all investigative interviewers adhere to ‘best‐practice’ interview guidelines (i.e., the use of open‐ended questions) when interviewing child witnesses about abuse. However, little research has examined the sub skills associated with open question usage. In this article, we examined the association between investigative interviewers' ability to identify various types of questions and adherence to open‐ended questions in a standardized mock interview. Study 1 , incorporating 27 trainee police interviewers, revealed positive associations between open‐ended question usage and two tasks; a recognition task where trainees used a structured protocol to guide their response and a recall task where they generated examples of open‐ended questions from memory. In Study 2 , incorporating a more heterogeneous sample of 40 professionals and a different training format and range of tests, positive relationships between interviewers' identification of questions and adherence to best‐practice interviewing was consistently revealed. A measure of interviewer knowledge about what constitutes best‐practice investigative (as opposed to knowledge of question types) showed no association with interviewer performance. The implications of these findings for interviewer training programs are discussed.     

Police officers’ and Registered Intermediaries’ use of drawing during investigative interviews with vulnerable witnesses

ABSTRACT

Attempts to enhance episodic retrieval focus largely on verbal strategies which do not always address the limited or impaired free recall ability of vulnerable witnesses. Asking a witness to draw while recalling episodic information has long been deemed an effective method of improving communication and cognitive performance. Thus far, research has revealed these effects within laboratory settings but with scarce attention paid to real-life interview practice. In this paper, we explore police officers’ and Registered Intermediaries’ use of drawing during investigative interviews with vulnerable witnesses. A sample of specialist practitioners (n?=?85), comprising of vulnerable witness interviewing police officers (n?=?50) and Registered Intermediaries (n?=?35) completed a self-report questionnaire. As expected, frequent use of drawing was reported by both practitioner groups, and there was a positive correlation between reported use and perceived effectiveness. There were similarities between groups in reported techniques employed when using drawing, but some differences were apparent and these were attributed to the differing functions in police and Registered Intermediary roles. Overall, a consensus between empirical research and practice is evident, but these findings warrant further exploration in order to establish whether such practice is wide-spread.     

The Cognitive Interview: novice police officers' witness/victim interviewing practices

Abstract

The objective of this study was to investigate novice police officers’ witness interview practices immediately post investigative interview training (known as PEACE) with reference to the eight Cognitive Interview (CI) components taught. Forty-eight UK police officers took part as interviewers. Forty-eight undergraduates participated as mock witness; they viewed a non-violent crime video and 2 days later were individually interviewed by a police officer. Interviews were recorded and rated for officers’ application of the CI procedure.

Despite having recently completed the only training available to them no officer applied or attempted to apply the CI procedure in its entirety. However, some of the individual CI components were applied more frequently than others. This study provides a unique insight into the interviewing practices of some of the least researched, least experienced, and least trained investigative interviewers who, nonetheless, conduct witness interviews on a daily basis. The emergent picture suggests that either the CI procedure currently taught to novice police officers is too complex at so early a stage in their police career and/or that the current training may be insufficient to equip them with the skills necessary to effectively apply the procedure.     

New laws but few cases: understanding the challenges to the investigation and prosecution of human trafficking cases

All fifty states and the federal government have passed laws to combat human trafficking, but we know little about their effectiveness. Using data from investigative case records and court files for 140 human trafficking cases in 12 U.S. counties and qualitative interviews with law enforcement, prosecutors, and victim service providers, we examined the characteristics of and challenges to investigation and prosecution of human trafficking cases under new state and federal laws. We found that few human trafficking cases are identified by local law enforcement, most cases forwarded to state prosecution are sex trafficking cases involving U.S. citizens, and state prosecutors overwhelmingly charge human trafficking offenders with other, lesser crimes. The legal, institutional, and attitudinal challenges that constrain prosecution of human trafficking are similar across study sites despite varying types of state antitrafficking legislation. Study results suggest prosecution of human trafficking cases is challenging. If new laws are to be effective, then local law enforcement and prosecutors should work collaboratively and adopt proactive human trafficking investigative strategies to identify both labor and sex trafficking cases. There is social benefit to holding traffickers accountable, but more emphasis should be placed on policies that identify and serve victims.     

Is That What I Said?: Witnesses' Responses to Interviewer Modifications

Modifications occur when interviewers contradict statements made by witnesses or imply that witnesses provided information that they (interviewers) did not provide. Because of their suggestive nature, modifications threaten the reliability of investigative interviews. This study investigated developmental differences in witnesses' responses to modifications during interviews as well as in inclusion of modified misinformation in subsequent answers. Preschool, elementary school, and college students were interviewed about a video presentation. In the experimental conditions, the interviewer contradicted information about the video provided by the participants. Participants then answered two sets of follow-up questions: one immediately following the interview and another 6–8 days later. Results indicated that participants were more likely to ignore modifications than to correct or agree with them. Adult participants were most likely to disagree with modifications. Preschoolers were most likely to incorporate modified misinformation into subsequent answers. Implications of these findings for investigative interviews are discussed.     

A field study of adult witness interviewing practices in a Canadian police organization

Purpose. The current study examined witness interviewing practices in a Canadian police organization. The effect of interviewer, interviewee, and interview characteristics on those practices was also examined. Method. Ninety witness interviews from a Canadian police organization were coded for the following interviewing practices: types of questions asked (i.e. open‐ended, probing, closed‐ended, clarification, multiple, leading, opinion/statement, and re‐asked), the number of interruptions, percentage of words spoken by interviewer, type of pre‐interview instructions (consequential vs. generic), and whether or not a free narrative was requested (and when requested during the interview). Characteristics pertaining to the interviewer (e.g. primary interviewer's age), interviewee (e.g. witness gender), and interview (e.g. crime type) were also coded. Results. Results showed that closed‐ended and probing questions were the most widely asked questions, and that open‐ended questions were asked relatively infrequently. It was also found that the 80–20 talking rule was violated in 89% of the interviews, interviewers rarely interrupted the witnesses, and free narratives were requested often. Overall, the effect of interviewer, interview, or interviewee characteristics on interviewing practices was minimal. Conclusions. The finding that scientifically prescribed interviewing practices are employed rarely by Canadian police officers highlights a need for increased professional interviewing training. The finding that practices are largely unaffected by personal and situational factors suggests that such training would be equally beneficial for all types of interviewers, interviewees, and contexts.     

The relation between interviewers’ personal characteristics and investigative interview performance in a child sexual abuse context

Despite important progress in knowledge about interview ‘best practice’ with child victims, few studies had yet evaluated the impact of interviewers’ personal characteristics on adherence to these ‘best practice’. This study was designed to determine whether interviewers’ personal characteristics are associated with adherence to a structured interview protocol (National Institute of Child and Human Development), the use of open-ended questions and the amount of details provided in children’s responses during investigative interviews with alleged victims of child sexual abuse. 114 interviews were scored from 13 police investigators after they followed a one-week training program. Results showed that experience, emotional intelligence, Extraversion, Agreeableness, Conscientiousness and Neuroticism were related with adherence to the protocol and ratio of open-ended questions. Cognitive abilities were related to the amount of details obtained from the child. Generalized estimating equations were used to compare relative contribution of each variable. These findings raise questions about how investigative interviewers are selected and trained.     

Cost and benefit of a new instruction for the cognitive interview: the open depth instruction

The quality and the quantity of information recalled by eyewitnesses during a criminal investigation is of crucial importance. To increase the volume of details recalled during an interview, the cognitive interview recommends using various retrieval strategies to enhance recall. We tested a new retrieval instruction, the open depth (OD) instruction. The efficacy of this new instruction was assessed with the number of unit of information and the accuracy rate. We also assessed the cost-and-benefit of this new instruction with measures of repetition. Students watched a video of a simulated robbery and participated later in face-to-face interviews. In Study 1 (N=60), the cognitive interview using the OD instruction increased recall compared to the interview using the change of perspective (CP) instruction, without affecting the accuracy rate. The redundancy rate was higher with the OD instruction than with the CP instruction. In Study 2 (N=40), the OD instruction generated more new information without affecting the accuracy rate than the interview using motivated recall (MR) instruction. The repeated information to new information ratio was lower with the OD instruction than with the MR instruction. The advantages of the OD instruction for investigative interviewing purposes are discussed.     

Using Hawkins's Surround,Field, and Frames Concepts to Understand the Complexities of Special Measures Decision Making in Crown Court Trials

Adjustments to criminal trial processes, called special measures, are available to vulnerable and/or intimidated witnesses giving evidence. Findings from interviews with 13 criminal practitioners suggest that there are notable variations in the uptake of special measures between prosecution witnesses, defence witnesses, and the accused in Crown Court trials. These extend beyond any inequality in their legal provision. This article uses Keith Hawkins's conceptual framework of surround, field, and frames as a heuristic device to understand this differential uptake. The framework delineates the various factors – including the socio‐political, organizational, and attitudinal – which can influence decision‐making practices in relation to special measures. In doing so, this article demonstrates two things. First, that changing the legal provision is unlikely to effect much change in practice, absent specific complementary changes to the field. Second, that Hawkins's framework has potential as an explanatory device in decision‐making contexts outside his own health and safety setting.