The cognitive interview: A survey of its forensic effectiveness

Abstract

The cognitive interview has been shown to have the potential to enhance witness recall. Consequently, it has been adopted by all police forces in England and Wales. The present paper surveyed 96 police officers trained in the cognitive interview and 65 untrained police officers, using a questionnaire. Officers rated how frequently they used and how useful they found components of the cognitive interview. Trained officers were significantly more likely to use instructions to mentally reinstate context, use different orders, change perspectives and imagery. Amongst trained officers there was a consensus that some components of the cognitive interview were used more frequently and were believed to be more useful than others. Rated as most useful and most frequently used were establish rapport, report everything, encourage concentration, witness compatible questioning, and mental reinstatement of context. Rated as less useful and less frequently used were recall in different orders, imagery, change perspectives and transfer control. Further responses indicated that the cognitive interview was generally perceived to be a useful procedure that increases correct recall, although officers were still aware that incorrect information can also be generated. However, a major problem for many officers was that they do not have the time to conduct a full cognitive interview.     

Suggestibility and children with mild learning disabilities: The use of the cognitive interview

Abstract

The aims of this paper were firstly to identify any differences in the level of suggestibility between 20 7–9-year-old children with mild learning disabilities and 20 children with average academic ability using the Gudjonsson Suggestibility Scale 2 (GSS2) and, secondly, to note the impact of the cognitive interview on the response patterns of children with mild learning disabilities.

On the GSS2, average academic ability children recalled significantly more correct details than children with mild learning disabilities. There was no significant difference between the two groups of children on distortions, fabrications, total confabulations or on any of the four measures of suggestibility.

In the second part of the study, 38 children with mild learning disabilities watched a filmed event and then were interviewed using either a standard or a modified version of the cognitive interview. Following this, all participants were asked specific questions, some of which incorporated misleading information. One week later each participant was re-questioned. This time critical questions were included about the truth of the presuppositions introduced in the initial interview session. It was found that the cognitive interview elicited significantly more correct and incorrect details than a standard interview with no significant difference in fabrications. Use of the cognitive interview did not significantly affect susceptibility to subsequent misleading suggestions.     

The cognitive interview and its effect on misleading postevent information

Abstract

The present study investigated the effectiveness of the cognitive interview on reducing the impact of the misinformation effect. A 2×2 between-groups design was used, with interview type (cognitive or structured) and narrative type (misleading or neutral) as the independent variables. Adults (n=40) viewed video footage depicting a bank robbery and then received either a misleading or neutral postevent narrative. Participants were interviewed with either a cognitive or a structured interview regarding their memory for the original footage. The cognitive interview produced significantly more correct pieces of information than the structured interview, without an increase in errors or confabulations. An anomalous significant interaction was found regarding the number of incorrect pieces of information, where recipients of the structured interview made more recall errors when receiving neutral postevent information compared to neutral postevent information. A misinformation effect was successfully achieved but the enhancing effects of the cognitive interview were unable to reduce it. Results are discussed within the misinformation effect theoretical framework. The limitations of the present study are also discussed.     

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.     

Comparative analysis of true or false statements with the source monitoring model and the cognitive interview: special features of the false accusation of innocent people

Abstract

We describe two experiments designed to verify whether the source monitoring (SM) model categories and the cognitive interview (CI) contribute to distinguishing true from false statements. We used a 2 Type of Interview (Structured/Cognitive) × 2 Statement Condition (True/False) design with 18 interviewers in a sample group of 240 gender-matched university students being interviewed about a film fragment. In Experiment 1, participants who lied exculpated the protagonist from rape, whereas in Experiment 2 their lies were aimed at accusing an innocent person. As dependent variables we used criteria from the SM: details, supporting memories, thoughts and feelings and cognitive operations. The results suggest that the statements of honest participants interviewed using the CI provided more overall information than those obtained under any other condition. When a lie is aimed at exculpating someone from criminal behaviour, statements involve more cognitive operations and less sensory, temporal and contextual information, but only when the structured interview (SI) is used. When the lie is aimed at falsely accusing someone, the SI and the CI produce similar results. We discuss the forensic importance of these findings.     

The endorsement of cognitive distortions: comparing child pornography offenders and contact sex offenders

This study examined the endorsement of cognitive distortions in child pornography offenders (CPOs), using an established assessment tool, the Abel and Becker Cognition Scale. The scale was expanded to include cognitions specific to child pornography offending, extracted from Howitt and Sheldon's Children and Sexual Activities Inventory (C&SA). Three samples of CPOs, child sex offenders and offenders with both offence types responded to the cognition items. An exploratory Principal Component Analysis suggested six main components of the scale. CPOs were significantly less likely to endorse these statements in general, and this was more pronounced on items that project blame onto the child or other people, describe a need for power and consider children as sexually active. The statements extracted from C&SA did not differentiate between the groups. These findings are discussed under consideration of the relationship between cognitive distortions and contact sex offending, and in reference to the general criticism concerning the definition and appropriate measurement of cognitive distortions.     

人格责任论对于刑事司法精神病鉴定的应用价值

目的探讨人格责任论和动机理论相结合的方法在精神障碍患者刑事责任能力鉴定中的价值。方法回顾性分析我机构2013年及2014年实施鉴定的101例精神障碍患者的刑事责任能力,分析指标包括:精神症状对人格基本特征的反映;作案动机;被鉴定人对违法行为的评价;刑事责任能力。结果不同的症状反映了人格整体性、一致性和特殊性的异常;当症状不同时,患者实施违法行为的动机也有现实和非现实的差异;人格整体性受损者不能正常和正确地评价违法行为,几乎全部人格一致性、特殊性受影响者能认识到行为的违法性;人格的完整性和一致性受影响者刑事责任能力不完全;人格特殊性受影响者为完全刑事责任能力。结论人格责任论与动机理论相结合应用于精神障碍患者的刑事责任能力鉴定,有实用的临床意义。以行为人作为行动者的同一性进行界定,辨别患者对行为是"不能控制"还是"不予控制",值得在精神病司法鉴定工作中推广应用。     

The role of cognitive distortions in paedophilic offending: Internet and contact offenders compared

Abstract

Cognitive distortions are held to contribute to sexual offending against children in a number of theoretical explanations of such crimes. However, not only is there little or no direct evidence in support of the centrality of cognitive distortions in offending but recent research has questioned whether the concept has explanatory power. Cognitive distortions are variously seen as necessary for the offender to offend against children, as post-offending justifications for the offence, or as reflecting distorted patterns in the offender's upbringing. This paper explores the role of cognitive distortions in sex offending by comparing the distortions of contact sex offenders against children with Internet child pornography offenders without contact offences against children. A new cognitive distortions questionnaire was developed which was suitable for administration to Internet offenders who had no contact offences against children as well as being suitable for contact offenders. It was found that some cognitive distortions are frequently agreed with by sex offenders against children whereas others were seldom or never agreed with. Little support was found for earlier typological approaches to the cognitive schema of sex offenders against children. Contrary to the expectation that contact offenders would have more cognitive distortions, it was found that Internet offenders had more cognitive distortions that children are sexual beings. Furthermore, there were no differences in cognitive distortions justifying the offence. However, offenders with a previous history of offending were more likely to admit to cognitive distortions which justify their offending. It is accepted that cognitive distortions are readily recognized in interviews with sex offenders against children. Nevertheless, it is argued that there is a need for new research to stimulate a new understanding of the nature and role of cognitive distortions in sex offending.     

The weather underground and the future of memory: An interview with Sam Green

“Now more than ever, we must un‐forget the past as the very survival of ourselves and humanity depends on it—from an honest un‐forgetting of the long history that has led us to this point, to a revaluation of our immediate past.”     

Financing the Arts: The Consequences of Interaction among Artists,Financial Support,and Creativity Motivation

The authors analyze how different financial modes matter to the creativity of artists—whether they facilitate or interfere with the creativity that leads to artistic achievements. They first discuss the importance of the creative process and the various factors involved—personality characteristics, environmental factors, and motivation patterns. They next distinguish and analyze the nature and rationales of various modes of financing the arts, dividing these modes into government, the market, and the third sphere. Finally, the authors analyze the interrelations among the creative process and financing when applying a social support system. The investigation thereof relies predominantly on earlier work in the field of cultural economics. The results of a survey conducted among Dutch visual artists form the empirical basis of this article.     

Linking self- and social control with deviance: Illuminating the structure underlying a general theory of crime and its relation to deviant activity

The present paper operationalizes and empirically tests the most recent theoretical speculations of Hirschi and Gottfredson regarding an individual level characteristic of self-control and its relation to earlier specifications of control theory as well as the literature on personality. Linkages are drawn between their broad delineation of self-control and personal disorders of hyperactivity, impulsivity, attention deficits, and minor conduct problems. Psychologists disagree about whether such disorders represent single or multiple traits and whether both behavioral and cognitive measures can appropriately depict personality characteristics. Employing structural equation techniques, support for several propositions derived from Gottfredson and Hirschi's thesis is found: Self-control subsumes several personality disorders and is significantly comprised by early behavioral indicators of aggression and fighting, is inversely related to other elements of the social bond, is moderately stable over a short period of time, and significantly predicts criminal convictions. However, questions remain regarding the ubiquity of self-control, the magnitude and meaning of stability, and the power of this perspective to explain all forms of self-reported delinquency.     

从法治走向善治的中国特色社会主义治理模式

在国家治理现代化推进的激励之下,21世纪中国治理模式演进为以全面依法治国和全面深化改革为特征的中国式善治。善治的中国模式包含了多重治理系统的内在逻辑,即执政党治理制度化、政府治理法治化、社会治理的协同化和参与全球治理的有效化。善治的中国模式呈现出坚持党的领导和推进执政党续造、坚持全面深化改革和迈向幸福生活的政治图景。     

我国再审制度的渊源、弊端及完善建议

探寻我国再审程序的制度渊源 ,有利于总结过去 ,展示未来。现行再审制度在再审程序的启动、时限、再审理由设置 ,以及再审管辖等诸多方面存在弊端 ,亟需改革。应该以总体建立有限再审的法律制度模式 ,以关注当事人申诉权为重点 ,并注意借鉴两大法系现行合理的相关制度 ,认真构建再审之诉。     

The Personality Assessment Inventory (PAI): Treatment Scales and Interpersonal Characteristics in a Sample of Men Charged with or Convicted of a Sexual Offense*

An individual's interpersonal features are pertinent to treatment within clinical populations. The Personality Assessment Inventory (PAI) contains two scales that assess the interpersonal features of warmth (WRM) and dominance (DOM), as well as two additional measures to assess to treatment prediction, process, and rejection (RXR; TPI). The current study examined associations between these PAI scales in a sample of 92 men who underwent comprehensive evaluations of sexual behavior after being charged with or convicted of a sexual offense. Analyses indicated that RXR was positively associated with WRM and DOM, TPI was negatively associated with WRM, and the two interpersonal scales of WRM and DOM were positively correlated with each other. A significant inverse relationship was found between the two treatment scales RXR and TPI indicating that motivation for treatment may have a limited relationship with the treatment process. WRM significantly predicted scores on the TPI, and both WRM and DOM predicted individual scores on RXR. Higher scores on positive impression management (PIM) were predictive of lower TPI and higher RXR, as individuals with higher stakes cases may score higher on PIM and underreport obstacles within treatment or be unwilling to accept the need for treatment. Overall, findings suggest that interpersonal characteristics identified by the PAI scales may be advantageous in approaching treatment within this population.     

刑法国际化:内涵·成因及其表现

刑法国际化就是指刑法发展进程中各国相互吸收、彼此渗透、趋于接近、共同前进的趋势 ,这一趋势有其深刻的经济、社会、法律和其他方面的原因。并且 ,刑法国际化的趋势在我国现行刑法典中已有所体现。     

医师注意义务的概念及其与医疗过失行为的关系--医师的注意义务系列研究(1)

医疗过失问题,是医患纠纷的焦点.医师的过失行为本质是一种客观过失,是对医师注意义务的违反,因为任何医师在自己从事特定的医疗行为时都必须达到相应的医疗水准.医师的注意义务是指医师在医疗行为时依据法律、法规、规章制度和具体操作规程,以及职务和业务上的习惯和常理、接受期约或委托的要求等保持足够的小心谨慎,以预见医疗行为的结果和避免损害结果发生的义务.     

中国特色社会主义法治理论:思想根基、主要特性与学科定位

中国特色社会主义法治理论作为中国特色社会主义法治体系的理论化表达,作为一种新型的理论形态,可以从三个方面来认知。首先,从思想源流来看,马克思主义法律思想是中国特色社会主义法治理论的思想根基。其次,从理论个性来看,中国特色社会主义法治理论的主要特性包括中国性、政治性与学术性。从学科定位来看,中国特色社会主义法治理论既是法学学科体系中的一个组成部分,同时也代表了法治理论谱系中的一种最新形态。把握中国特色社会主义法治理论的思想根基、主要特性与学科定位,既是创新和发展中国特色社会主义法治理论的前提,也是坚持和完善中国特色社会主义法治体系的前提。     

通信权的宪法释义与审查框架--兼与杜强强、王锴、秦小建教授商榷

在"法院调取通话记录""交警查手机"等实践争议引导下,学者们借助基本权利限制的"保护范围—限制—限制的合宪性论证"的审查框架,推进了通信权的宪法释义。但将通话记录排除出通信权的保护范围,并不能有效解决实践难题,且因为过早窄化保护范围而会影响基本权利的保护效果。诉诸隐私权或者个人信息权的方案亦难以成立。应认识到《宪法》第40条存在因制宪者预见不足而产生的宪法漏洞。如果将"检查通信"理解为"示例性规定",则《宪法》第40条容有对通信权限制的其他可能性。在"通信内容"和"非内容的通信信息"分层构造下,可以建立起既能回应生活事实和实践争议,又能落实宪法严格保护目标的教义学体系和审查框架。基本权利个论的研究,有助于反思基本权利保护范围的"宽界定"或"窄界定",以及法律保留体系的普适性等基本权利总论问题。