An analysis of how the police ‘caution’ is presented to juvenile suspects in England

In England and Wales, suspects must be given a police caution before they are questioned. The purpose of the caution is to explain a suspect's right to silence as a protection against self-incrimination. However, the evidence on whether the caution fulfils its purpose is limited. The aim of the present study was to describe how cautions were delivered in interviews with juvenile suspects in England. First, the study set out to describe how the caution was delivered to suspects during actual police interviews. Second, the study examined whether suspects claimed or demonstrated understanding of the caution. Third, the study analysed how the caution was explained by police officers. In total, the study examined 38 cautions from 31 interviews. The results indicated that police officers delivered the caution at a speed that is likely to be too fast for juvenile suspects to comprehend. Juvenile suspects often claimed to understand the caution, but when asked, failed to demonstrate comprehension. On the other hand, police officers often explained the caution to juvenile suspects, but not always correctly. Both suspects’ and police officers’ explanations of the caution revealed several misconceptions. The results suggest that the caution may not safeguard suspects as intended.     

Guilty and innocent suspects’ strategies during police interrogations

Abstract

Deception detection has largely failed to investigate guilty and innocent suspects’ strategies. In this study, mock suspects (n=82) were interrogated by police trainees (n=82) who either were or were not trained in the technique to strategically use the evidence (the SUE technique). Analyses revealed that guilty suspects to a higher degree than innocent suspects applied strategies in order to appear truthful. Guilty suspects reported diverse strategies, while innocent suspects reported the strategy to tell the truth like it had happened, indicating a belief in the visibility of innocence. The realism in the suspects’ expectation about how their veracity was judged was largely dependent on the way in which they had been interrogated. The truth-telling suspects who were interrogated according to the SUE technique were optimistic about being judged as truthful; this optimism was warranted as the vast majority of them were classified as truthful. The SUE technique seems to help (a) spotting guilty suspects without them being aware of it and (b) spotting innocent suspects, and they become aware of it. That innocent (but not guilty) suspects can read how the interrogator views them is advantageous for the investigative process.     

A Challenge for Police-Community Relations: Rethinking Stop and Search in England and Wales

This article presents research carried out as part of a government research programme looking at how police tactic of 'stop and search' in England and Wales. For many years, figures which have shown a higher rate of stop and search of minority ethnic groups, particularly black people, have provoked much controversy, and have been seen by many as a manifestation of police racism. This article reviews the way in which stop and search impacts on public confidence, with particular reference to those from minority ethnic groups. It goes on to explore its role within policing, including an examination of its effectiveness against crime and the evidence for racism in police practice. Following from this, it considers how stop and search can be used in a way that minimises negative impacts on the community and maximises its effectiveness against crime.     

Can Making It Harder to Convict Criminals Ever Reduce Crime?

This paper attempts to find the optimal level of the burden of proof needed in criminal cases in order to minimize crime. It also aims to provide an explanation for the higher burden of proof required in criminal cases than civil cases. It assumes that police officers receive incentive payments for convictions in cases they investigate. Although the direct effect of a higher burden of proof requirement is to reduce the probability of conviction, the indirect effect is to force police officers to build stronger cases and put more effort into finding suspects who are more likely to be guilty. Moreover, the increase in the marginal probability of conviction potential criminals face when they actually commit a crime increases. These factors imply that a reduction in the burden of proof will not necessarily reduce crime.     

Choice,Privacy and Publicly Funded Legal Advice at Police Stations

Section 58 of the Police and Criminal Evidence Act 1984 confers on all suspects held in police custody a right to consult a solicitor in private. The free legal advice which suspects arrested for certain minor offences can request is restricted to telephone advice from a call‐centre operated by CDS Direct. It is lawful for the Legal Services Commission to restrict the delivery of legal advice in this way. Empirical research, however, reveals that there are police stations that lack the facilities for suspects to speak by telephone with legal advisers secure in the knowledge that what is said will not be overheard. It is unlawful and incompatible with the European Convention on Human Rights to expect suspects to speak by telephone to a legal adviser under such conditions.     

Does public criticism Erode trust in the police? The case of Jari Aarnio in the Finnish news media and its effects on the public’s attitudes towards the police

A significant part of the general public’s observations and image concerning the police comes through the mass media. It has been assumed that one factor affecting the level of trust is the way the media handles the police. This article describes the media uproar that arose in Finland in November 2013 about police misconduct, and its effects on the public trust in the police. Two hypotheses were tested in the study: (a) negative publicity always decreases trust, and so, too, in this case; and (b) a change in trust is affected by the public’s independent interpretation of the publicity battle, in which case criticism might also increase trust. The study materials comprise the news coverage concerning the uproar and four opinion surveys collected after it occurred. The first survey was conducted immediately after the press conference of the case in week 48/2013 and the other ones in three-week intervals. The results show that following the uproar, compared to the earlier results of the European Social Survey, trust in the police did not decrease—on the contrary, it increased slightly. Our results suggest that in this case a large part of the audience has taken, to use the term of Stuart Hall, the oppositional position when interpreting negative news about the police.     

Exploring the Disclosure of Forensic Evidence in Police Interviews with Suspects

Despite many years of empirical research focusing on investigative interviewing and detecting deception, very little research attention has been paid to the various types of evidence which feature in police interviews with suspects. In particular, the use of forensic evidence in the context of police interviews has not been previously considered, although in recent years the availability of various types of forensic analyses has dramatically increased. In the current study 398 experienced police interviewers from various countries completed a questionnaire about their experience of using various types of forensic evidence in interviews with suspects, as well as their perceptions regarding the strength of various sources of forensic information and how this may affect their interviewing strategy. The results indicated that although the participants have forensic evidence available in a large proportion of their interviews with suspects, the vast majority of police interviewers have received no training about how to interpret or use such forensic information. However, the perceived strength of forensic evidence was reported by some participants to affect their interview strategy and specifically the timing of the disclosure of such evidence during an interview. These findings are discussed with reference to police training and interview techniques, and suggestions for further research are offered.     

Discretionary Leniency and Typological Guilt: Results from a Danish Study of Police Discretion

Results from a qualitative study of police discretion in Denmark are presented. The aim of the study was to investigate the background for police decisions made on the spot, and to determine whether or not police discretion amounts to discrimination. Police discretion is analysed as two distinct forms of power, namely the power of definition/suspicion and the power of procedure/prosecution. The study shows that both forms are used in a discriminatory way, and it is argued that use of the power of suspicion results in discrimination. The power of prosecution, on the other hand, need not necessarily entail discrimination, but in practice it often does. The police discern between ?typical offenders' and ?decent citizens' and treat suspects differently according to type. The reason for this discrimination, it is argued, can be found in officers' notions of typological guilt , a form of ? alleged ? guilt that is independent of concrete evidence. Differences in the degree of leniency experienced by different types of suspect can be interpreted as vicarious punishment of the typologically guilty. The impact of this kind of police practice on police?citizen relations, and possibilities for improvement, are discussed.     

Suspects,Lies, and Videotape: An Analysis of Authentic High-Stake Liars

This study is one of the very few, and the most extensive to date, which has examined deceptive behavior in a real-life, high-stakes setting. The behavior of 16 suspects in their police interviews has been analyzed. Clips of video footage have been selected where other sources (reliable witness statements and forensic evidence) provide evidence that the suspect lied or told the truth. Truthful and deceptive behaviors were compared. The suspects blinked less frequently and made longer pauses during deceptive clips than during truthful clips. Eye contact was maintained equally for deceptive and truthful clips. These findings negate the popular belief amongst both laypersons and professional lie detectors (such as the police) that liars behave nervously by fidgeting and avoiding eye contact. However, large individual differences were present.     

Explaining suspects' resistance and disrespect toward police

The importance of suspects' resistance toward police officers has almost always been described in terms of its influence on police behavior. Given the centrality of citizens' resistance in the literature on police behavior, it is surprising that so little attention has been focused on explaining suspects' resistance independent of its influence on police behavior. This research examined the factors influencing multiple measures of suspects' resistance using systematic observation data collected in 1977 from twenty-four departments in three metropolitan areas. The findings show that non-White suspects were more likely to be noncompliant toward White officers but were not more likely to show more aggressive forms of resistance (e.g., verbal aggression, physical aggression, or disrespect). In addition, female suspects were more likely to be disrespectful toward officers compared to male suspects. The relevance of these findings for future research is discussed.     

A study of the potential risk of gunshot residue transfer from special units of the police to arrested suspects

The presence of gunshot residues (GSRs) on arrested suspects can help the Court to form an opinion regarding the possibility of utilization of firearms by these suspects. Since the presence of a few particles can in some cases already have a strong indicative value, the GSR experts have to evaluate in their daily work the risk of a potential contamination of these suspects during their arrest. A few studies conducted on police officers and police facilities concluded that the risk of secondary transfer on arrested suspects is quite negligible. However, the case of special force units of the police should be taken into account, since these units can be assumed to be highly contaminated by GSR due to their intensive training. The aim of this study is to evaluate this possibility of particle transfer by performing simulations of arrests by special force police units, according to both low and high contamination scenarios. The results show that secondary transfers of GSR during these simulations are in most cases not negligible, even for the low contamination scenario. This is especially apparent on the vests of the target persons, with an average of 7 GSR particles (2 PbBaSb and 5 TiZn) found on the stubs used on these materials. Of course, the major contamination levels were observed in the case of the high contamination scenario, due to the use of highly contaminated gloves by the police officers during the arrests. Some recommendations are proposed to take into account this risk of contamination and to try to minimize it, or at least to better identify it.     

关于建立侦查讯问中律师在场制度的尝试与思考

业已进行的讯问犯罪嫌疑人律师在场制度的试验表明:犯罪嫌疑人对此一般表示欢迎,他们在侦查中形成的口供比较稳定,此后没有翻供现象;而另一组没有律师参加讯问的犯罪嫌疑人,侦查终结后有的人进行翻供,并把原因归咎于侦查人员的不当讯问。同时,大多数侦查人员对试验表示理解和支持,并认为对侦查活动没有负面影响,反而有积极意义。试验还表明,建立讯问犯罪嫌疑人律师在场制度,并不需要“一刀切”,且我国目前及今后相当长一段时期也难以做到“一刀切”,因此,需要探索、建立替代性制度,如讯问时录音、录像制度。     

试论警察的审讯圈套

警察审讯犯罪嫌疑人的目的是查明案件的事实真相和获取诉讼证据。犯罪嫌疑人出于防御的本能和趋利避害的心理,总是想否认犯罪,逃避惩罚,因此,审讯不可避免地存在着激烈的对抗性,警察如果想用对待普通守法公民的态度和方法从有罪者中获得证明其有罪的信息,显然是十分困难的,因此,他必须使用一些技巧和策略。从我国的刑事审讯实践看,欺骗性方法也是被实际允许并不时使用的。这种方法在刑事侦查学上常被称为“审讯策略”,其实质是“利用对方的劣势和弱点进行的心战智斗”。     

不在场证据的证明——以台湾地区南回铁路翻车案为说明

在刑事案件审理时,不在场证明是律师反败为胜的最佳工具。但如何证明不在场,却不是那么容易。本文即欲探讨,关于不在场证明到底如何论证,并以台湾地区“南回铁路翻车案”为核心,来说明不在场证据的证明。     

POLICE SUSPICION AND DISCRETIONARY DECISION MAKING DURING CITIZEN STOPS*

This study examines the influence of racial, demographic and situational variables on types of police suspicion and the ancillary decision to stop and question suspects. Data were drawn from an observational study of police decision making in Savannah, Georgia. Based on the literature, we hypothesized that minority suspects will be more likely to be viewed suspiciously by the police for nonbehavioral reasons. We also hypothesize that minority status will play a significant role in the decision to stop and question suspicious persons. The findings from this study provide partial support for these hypotheses. The results indicate that minority status does influence an officer's decision to form nonbehavioral as opposed to behavioral suspicion, but that minority status does not influence the decision to stop and question suspects. We discuss the implications of these findings for understanding race and its role in police decision making.     

The efficacy of the appropriate adult safeguard during police interviewing

Purpose. The main aim of the study was to examine the efficacy of the appropriate adult (AA) safeguard for vulnerable adult and juvenile suspects undergoing police interviews. Method. We examined the records of suspects held in custody by the London Metropolitan Police at 74 charging stations during February 1997 (Medford, Gudjonsson, & Pearse, 2000). Adult suspects whose custody record indicated psychological vulnerability were included in the study, as well as juvenile suspects. Audiotaped interviews of suspects were analysed using a special coding frame. The contribution (or lack of contribution) made by the AA, the extent to which they fulfilled their role, and the effect of their presence on other persons and interview outcome were examined and analysed. Results. Of the 501 interviews available for analysis, 365 (73%) were with adult suspects and 136 (27%) with juveniles. An AA was present during 212 (58%) adult interviews and 135 (99%) juvenile interviews. The AAs of juveniles, who were mainly family members and friends, contributed more in interview, both appropriately and inappropriately, than did social workers and volunteers, although overall there was little direct intervention bythe AA. Conclusions. Although AAs contribute little to the police interview in terms of verbal interactions, their mere presence during the police interview has three important effects. First, in the case of adults, but notjuveniles, it increases the likelihood that a legal representative will be present. Second, it appears to be associated with less interrogative pressure in interview. Third, in the presence of an AA, the legal representative takes on a more active role.     

Discolouring Democracy? Policing,Sensitive Evidence,and Contentious Deaths in the United Kingdom

This article examines recent United Kingdom government proposals for secret inquests, which, it is argued, are part of a general push for secrecy discernible across common law jurisdictions, and which include developments such as increased recourse to sensitive evidence in forensic settings and the normalization of intelligence‐led policing. While the push for secrecy is justified by national security claims, the article shows that in cases of contentious death involving police, the issue is less about national security and more about the use of intercept evidence, covert surveillance, and intelligence‐led policing, all of which have implications for police trust, accountability, and reputation management.     

Police officers’ judgements of veracity,tenseness, cognitive load and attempted behavioural control in real-life police interviews

Abstract

The present experiment examined the apparently incongruent findings that police officers (i) believe that suspects show nervous behaviour when they lie but (ii) seem able to detect deceit in suspects who do not show nervous behaviours. It was hypothesized that police officers’ judgements about whether a suspect is lying would not be correlated with their judgements regarding whether the suspect is tense, but, instead, would be correlated with their judgements regarding whether suspects are having to think hard or attempting to control their behaviour.

Each of 84 police officers saw seven truths and seven lies told by suspects during their police interviews. Participants in Condition 1 were asked to indicate after each clip whether the suspect was lying, whereas participants in Condition 2 were asked to note after each clip to what extent the suspect appeared to be tense, having to think hard or attempting to control their behaviour. Condition 3 was a combination of Conditions 1 and 2 and participants were asked all the above questions. The findings support the hypotheses and therefore negate the assumption that police officers primarily look for cues of nervousness when they attempt to detect deceit.     

Juror Perceptions of the Legitimacy of Legal Authorities and Decision Making in Criminal Cases

Literature on trust in legal authorities and institutions demonstrates that trust affects individual behavior, yet there is little research on whether attitudes toward legal authorities such as the police or courts influence juror behavior as a third party assessing evidence and determining legal outcomes for others. Additionally, the literature on juror decision making confirms that juror race is an important predictor of juror decisions, but explanations for differences among racial groups are not clear. Since minority groups hold less favorable attitudes toward legal authorities generally, legitimacy theory may help explain racial differences in decision making among jurors. Using data from nearly 2,000 jurors in felony trials, this research utilizes multilevel modeling techniques to find that jurors' trust in legal authorities is related to juror outcomes, though the effect of juror trust and confidence in the police is opposite that of juror trust and confidence in the courts. Additionally, juror race conditions the effect of trust in police and courts. Trust is a stronger predictor of both perceptions of evidence and voting for black jurors than it is for white jurors.