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.     

‘You caught ’em!’…or not? Feedback affects investigators’ recollections of speech cues thought to signal honesty and deception

Purpose. When eyewitnesses to crime receive feedback about their choice of a suspect from a line‐up (or post‐identification feedback), such information can substantially alter their recollections of the witnessing experience. This study examined whether feedback exerts similar effects on investigators’ recollections of a suspect's behaviours. Methods. Participant‐investigators received training on speech cues that they were told, when present in a speaker's account, signal either honesty or deception. After hearing a suspect's account of a theft, participants decided whether the suspect was lying or telling the truth. One‐third of participants subsequently received immediate confirming feedback about their performance, while another third received disconfirming feedback. The remaining one‐third of participants did not receive feedback about their decision. Finally, participants rated the frequencies of speech cues that they had been instructed to detect in the suspect's account. Results. Disconfirming feedback significantly altered retrospective judgments about the characteristics of the suspect's account. Specifically, when told that the decision they made about the speaker's credibility was incorrect, participants judged the speaker as having exhibited fewer behaviours consistent with the credibility decision they had made, relative to those who either received no feedback or confirming feedback. Conclusions. Biases in recollections of a suspect may have consequences in real‐world interrogations wherein investigators assess credibility on the basis of numerous behavioural cues. Results are discussed in light of findings of post‐identification feedback studies on eyewitnesses.     

The Impact of Daubert on the Admissibility of Forensic Anthropology Expert Testimony

Forensic anthropologists anticipated a significant impact from the 1993 Supreme Court Daubert decision, which addressed the standard of admissibility for expert testimony. In response, many forensic articles cited Daubert in the search for objective techniques or a critique of established subjective methods. This study examines challenges to forensic anthropological expert testimony to evaluate whether Daubert has actually affected the admissibility of such testimony. Thirty cases were identified that addressed the admissibility of the testimony, including 14 cases prior to Daubert and 16 after Daubert. Examination of these cases indicates that post‐Daubert cases do not result in more exclusions. Yet, this lack of exclusions may instead be viewed as a manifestation of the field's overall surge toward more objective and quantifiable techniques in a self‐regulating response to Daubert.     

When is an intervening line‐up most likely to affect eyewitness identification accuracy?

Purpose. Intervening line‐ups affect identification accuracy in subsequent line‐ups. We conducted 3 experiments to investigate the conditions under which viewing multiple line‐ups is more likely to affect eyewitness identification accuracy. Method. In each of the 3 experiments, a forensically relevant factor known to affect the accuracy of face recognition memory was manipulated to assess how the factor impacted the suggestive influence of an intervening line‐up on eyewitness identification accuracy in a subsequent test line‐up. These factors were (a) in Experiment 1, same‐race versus cross race target faces, (b) in Experiment 2, whether the intervening line‐up occurred on the day of the presentation phase (close to presentation) or 1 month later on the day of the subsequent test line‐up (far from presentation), and (c) in Experiment 3, whether the target face was presented for 10 seconds or 60 seconds. Results. In each experiment, factors associated with poorer memory for the target face led to a greater suggestive influence of the intervening line‐up on identification accuracy in the subsequent line‐up, evidenced by lower hit rates and higher false‐alarm rates. Conclusions. These findings suggest that the problem of decreased identification accuracy following the viewing of an intervening photograph is especially of concern when memory for the perpetrator is likely to be poor. Implications of these findings for interpreting line‐up results in the courtroom are discussed.     

<Emphasis Type="Italic">Miranda</Emphasis> Comprehension in Adults with Mental Retardation and the Effects of Feedback Style on Suggestibility

Interrogations present several major challenges to persons with mental retardation (MR). Sixty adults with mild MR completed measures of Miranda comprehension and tendency to yield to leading questions. In addition, suggestibility was assessed based on whether participants revised answers to questions in response to unfriendly, friendly, or neutral feedback to original responses. Furthermore, we examined how expressed confidence in answers to repeated questions varied with the type of feedback received. Results revealed that participants demonstrated marked difficulties understanding their Miranda rights and greater likelihood of changing answers to questions for which they received friendly feedback than for questions for which they received unfriendly or neutral feedback. Most participants who received positive reinforcement for their answers on a second trial expressed confidence about improvement from trial 1 to trial 2, although accuracy did not improve. Implications of these results are reviewed.     

Is It a Fight or Are They Just Drunk? Attributions about Drunken Behaviour in a Hypothetical Male‐to‐Male Aggression Scenario1

Objective. This paper examines the excuse‐value of alcohol in a hypothetical provoked male‐to‐male violence scenario. There are two main questions. Does intoxication result in decreased blame? Does intoxication lessen the propensity to call the police?

Methods. 1004 random digit dialing (RDD) quantitative telephone surveys were completed with Swedes aged 16–25. The response rate was 73.8%. Besides the aggressor's intoxication, severity of the outcome, the victim's intoxication and the respondent's hypothetical relationship to the aggressor or to the victim were also randomly manipulated. Whether the police should be called and the attribution of blame to the aggressor have been analysed using ANOVA in SAS.

Results. Analyses were stratified by sex. For male respondents, the aggressor's intoxication interacted (four‐way) with all the manipulated variables in predicting the attribution of blame. In the more severe act, intoxication tended to reduce blame; the least amount of blame was assigned when both the aggressor and the victim were intoxicated. For female respondents, the aggressor's intoxication was involved in a three‐way interaction. For them also, intoxication decreases the blame for the severe acts but not for the less severe acts. The aggressor's intoxication had very little effect on whether the police should be called or not.

Discussion. Intoxication provides some excuse from blame but only for certain acts and under certain circumstances. It also changes the way people perceive acts of violence.     

Miller was (mostly) right: Head injury severity inversely related to simulation

Purpose. British neurologist Henry Miller (1961 ; Miller & Cartlidge, 1972 ) provoked controversy by asserting late post‐concussion syndrome (LPCS) is explained by simulation. The present study examines Miller's inverse dose‐response assertion; the more minor the compensable injury, the greater the likelihood of deficit simulation. Method. We examined the prevalence of three types of simulation (memory, motor, and psychiatric) in two archival cohorts of compensation seekers (N = 391 and 368) representing a broad range of cranio‐cervical injury severity. A moderate‐severe brain injured group provided two sets of performance floors to establish ‘possible’ or ‘probable’ pseudoabnormalities. Instruments included the Rey word recognition list, the Smedley dynamometer, the Test of Memory Malingering, and the MMPI‐2 infrequency scale. Results. Chronic whiplash and minor head‐injury litigants produced more invalid signs than severely injured persons on measures of simulated memory and motor deficits irrespective of definitional stringency. ANOVA revealed striking inverse linear trends as a function of severity. Under a ‘possible’ rule, at least one pseudoabnormality was present in 80% of LPCS claimants. Memory and motor pseudoabnormalities were more common than psychotic ones. Conclusions. These findings support Miller and Cartlidge's (1972) observations that embellishment rises as injury severity decreases in a compensable context. Simulating litigants may ‘tailor’ performance to fit aetiological expectations, as we found a low prevalence of psychosis simulation.     

The reliability of eyewitness identification

This study examines the effects of 14 estimator variables (e.g., disguise of robber, exposure time, weapon visibility) and system variables (e.g., lineup instructions, exposure to mugshots) on a number of measures of eyewitness performance: identification accuracy, choosing rates, confidence in lineup choice, relation between confidence and identification accuracy, memory for peripheral details, memory for physical characteristics of target, and time estimates. Subjects viewed a videotaped reenactment of an armed robbery and later attempted an identification. Characteristics of the videotape and lineup task were manipulated. Prominent findings were as follows: identification accuracy was affected by both estimator and system variables including disguise of robber, weapon visibility, elaboration instructions, and lineup instructions. Memory for peripheral details was positively correlated with choosing on the identification task but negatively correlated with identification accuracy.     

INSTITUTIONAL INEFFECTIVENESS,ILLEGITIMACY, AND PUBLIC SUPPORT FOR VIGILANTISM IN LATIN AMERICA

Why do individuals or groups support vigilantism as a means of conflict resolution? Most researchers tend to agree that support for and participation in vigilantism occurs in “stateless locations,” that is, when formal justice institutions are weak or absent. Despite this general consensus, quantitative evidence of this relationship is limited to a handful of country‐specific studies that used only subjective survey‐based measures of institutional weakness. This study seeks to extend research on vigilantism by assessing the relationship between subjective and objective conditions of formal justice institutions and public support for vigilantism across 323 provinces in 18 Latin American countries by using the 2012 AmericasBarometer Survey. Specifically, this study uses multilevel logistic regression techniques to examine the variability of public support for lethal vigilantism within and across Latin American countries. When controlling for a wide range of potential confounds, the results show that the most robust predictors of support for violent vigilantism are subjective indicators of institutional illegitimacy, personal victimization, and punitive attitudes. Evidence also exists that objective insecurity, as measured by province‐level homicide rates, fosters public support for violent vigilantism in certain situations.     

Inconsistencies in children's recall of witnessed events: The role of age,question format and perceived reason for question repetition

Purpose. Children's inconsistencies when answering repeated questions about past events are a source of concern in forensic, educational, and other contexts. Theoretical accounts of these inconsistencies have predominantly assumed that children shift because they infer adult dissatisfaction with their initial answer. This study aimed to test this account via examination of the effects of question format on shifting, as well as via direct questioning of children. Method. Four‐, five‐, and seven‐year‐olds (N = 226) were asked 17 recall questions about a recent classroom activity, with eight target questions repeated in one of four formats: no‐correct (mildly misleading questions to which the correct answer was ‘no’), yes‐correct (mildly misleading questions to which the correct answer was ‘yes’), specific open wh‐ questions, and forced‐choice questions. They were then asked about the adult's reasons for repetition. Accuracy, shifting, and interpretations of question repetition were examined. Results. Shifting from accuracy decreased with age, and was affected by question format in 4‐year‐olds only, who shifted more to no‐correct than to forced‐choice questions. Shifting towards accuracy was more common in forced‐choice questions than either no‐correct or open questions, but there were no significant age differences. First‐answer‐unsatisfactory interpretations of question repetition were rare, especially in the two younger groups. The oldest group offered a wider range of interpretations and also showed some evidence of an association between first‐answer‐unsatisfactory interpretations and shifting. Conclusions. Overall, our findings present a challenge to first‐answer‐unsatisfactory explanations of young children's shifting in recall settings, at least where overt pressure to shift is low. Forensic implications are considered.     

Does Post-identification Feedback Affect Evaluations of Eyewitness Testimony and Identification Procedures?

Two experiments were conducted to test whether post-identification feedback affects evaluations of eyewitnesses. In Experiment 1 (N = 156), evaluators viewed eyewitness testimony. They evaluated witnesses who received confirming post-identification feedback as more accurate and more confident, among other judgments, compared with witnesses who received disconfirming post-identification feedback or no feedback. This pattern persisted regardless of whether the witness’s confidence statement was included in the testimony. In Experiment 2 (N = 161), witness evaluators viewed the actual identification procedure in which feedback was delivered. Instructions to disregard the feedback were manipulated. Again, witnesses who received confirming feedback were assessed more positively. This pattern occurred even when witness evaluators received instructions to disregard the feedback. These experiments are the first to confirm researchers’ assumptions that feedback effects on witnesses translate to changes in judgments of those witnesses.     

Preparing children for cross-examination: do the practice questions matter?

Research has shown that a brief intervention involving practice and feedback can help children maintain accuracy when challenged with cross-examination-style questions. To date, however, researchers have prepared children using the same cross-examination challenges that they would encounter during the subsequent cross-examination interview. It is unknown whether the intervention will still be effective when children later face novel cross-examination-style questions. Six- to 11-year-old children (n?=?132) took part in a staged memory event, and were then interviewed with analogues of direct-examination (1–2 days later) and cross-examination (6–8 weeks later). One week prior to the cross-examination interview, some children participated in a preparation session, where they were given practice answering cross-examination-style questions about an unrelated topic, and feedback on their responses. For half of these children, the cross-examination-style challenges they encountered during the preparation session were the same as the challenges they subsequently faced during cross-examination; for the others, there was no overlap. Relative to a control group that did not receive the intervention, the preparation session resulted in better performance during cross-examination, regardless of the degree of overlap. These findings are encouraging given that we can never predict the questions that cross-examining lawyers will ask children.     

Juror decision making in eyewitness identification cases

The lay-person's knowledge of the factors that influence eyewitness memory was examined by evaluating the manner in which mock jurors integrated eyewitness evidence to draw inferences about defendant culpability and the likelihood that an identification was correct. Three hundred and twenty-one undergraduates viewed a videotaped trial within which ten witness and identification factors were manipulated between trials. Manipulation checks showed that subjects demonstrated superior memory for the evidence and the manipulated variables had their intended impact on appropriate rating scales. However, only one variable, witness confidence, had reliable effects on subjects' perceptions of culpability, on the perceived likelihood that the identification was correct, and on several other relevant dependent variables. Eight variables that have been shown to affect identification accuracy in the empirical literature had trivial effects on mock jurors' inferences. It was concluded that lay-people are insensitive to the factors that influence eyewitness memory.     

Inconsistencies across repeated eyewitness interviews: supportive negative feedback can make witnesses change their memory reports

Past work shows that direct negative feedback and suggestive questioning can lead eyewitnesses to change their memory reports. Applying Gudjonsson’s [2003. The psychology of interrogations and confessions: A handbook. West Sussex: Wiley] model of interrogative suggestibility to interviews with witnesses, the present two experiments examined how indirect negative feedback delivered in a supportive manner from an interviewer can make witnesses change what they report they remember experiencing. After viewing a video of a crime, participants were interviewed twice, with either supportive negative feedback (i.e. with the interviewer sympathetically suggesting why many people’s memory may be inaccurate) or neutral feedback between the two rounds of questions. Results showed that people given supportive negative feedback changed significantly more of their responses than those given neutral feedback. Lower confidence ratings were associated with greater response change, but overall, despite having changed more responses, people given supportive negative feedback did not have reduced confidence or perceived accuracy. Type of feedback did not impact accuracy, and accuracy was not systematically related to confidence or perceived accuracy. Given the role that eyewitness reports play in the criminal justice system, better understanding factors that impact consistency and reliability is vital.     

Estimating Biological Characteristics With Virtual Laser Data

Laser scanning technology is increasingly being used in forensic anthropological research to obtain virtual data for archival purposes and post hoc measurement collection. This research compared the measurement accuracy of two laser scanners—the FARO Focus^3D 330X and the FARO Freestyle^3D—against traditionally obtained (i.e., by hand) control data (N = 454). Skeletal data were collected to address a novel question: the ability of laser scanning technology to produce measurements useful for biological characteristic estimation, such as sex and stature. Results indicate that both devices produced measurements very similar to control (c. 3‐mm average absolute error), but also illuminate a tendency to under‐measure. Despite these findings, the virtual data produced sex and stature estimates that varied little from control‐produced estimates, signifying the usefulness of virtual data for preliminary biological identification when the skeletal elements are no longer available for physical analysis.     

Genius is 1% inspiration and 99% perspiration … or is it? An investigation of the impact of motivation and feedback on deception detection

Purpose . Although most people perform around the level of chance in making credibility judgments, some researchers have hypothesized that high motivation and the provision of accurate feedback could lead to a higher accuracy rate. This study examined the influence of these factors on judgment accuracy and whether any improvement following feedback was related to social facilitation, a gradual incorporation of successful assessment strategies, or a re‐evaluation of ‘tunnel vision’ decision‐making. Methods . Participants (N = 151) were randomly assigned to conditions according to motivation level (high/low) and feedback (accurate, inaccurate or none). They then judged the credibility of 12 videotaped speakers either lying or telling the truth about a personal experience. Results . Highly motivated observers performed less accurately (M = 46.0%), but more confidently, than those in the low‐motivation condition (M = 60.0%). Although there was no main effect of feedback, the provision of any feedback (accurate or inaccurate) served to diminish the motivational impairment effect. Further, high motivation was associated with a relatively low ‘hit’ rate and high ‘false‐alarm’ rate. This suggested that in the absence of feedback the judgments of highly motivated participants were made through tunnel vision. Conclusions . The results suggest that it is important for lie‐catchers to monitor their motivation level to ensure that over‐enthusiasm is not clouding their judgments. It may be useful for professionals engaged in deception detection to regularly discuss their judgments with colleagues as a form of feedback in order to re‐evaluate their own decision‐making strategies.     

A fundamental attribution error? Rethinking cognitive distortions†

The notion of ‘cognitive distortion’ has become enshrined in the offender treatment literature over the last 20 years, yet the concept still suffers from a lack of definitional clarity. In particular, the umbrella term is often used to refer to offence‐supportive attitudes, cognitive processing during an offence sequence, as well as post‐hoc neutralisations or excuses for offending. Of these very different processes, the last one might be the most popular and problematic. Treatment programmes for offenders often aim to eliminate excuse‐making as a primary aim, and decision‐makers place great weight on the degree to which an offender “takes responsibility” for his or her offending. Yet, the relationship between these after‐the‐fact explanations and future crime is not at all clear. Indeed, the designation of post hoc excuses as criminogenic may itself be an example of fallacious thinking. After all, outside of the criminal context, post hoc excuse‐making is widely viewed as normal, healthy, and socially rewarded behaviour. We argue that the open exploration of contextual risk factors leading to offending can help in the identification of criminogenic factors as well as strengthen the therapeutic experience. Rather than insist that offenders take “responsibility” for the past, we suggest that efforts should focus on helping them take responsibility for the future, shifting the therapeutic focus from post hoc excuses to offence‐supportive attitudes and underlying cognitive schemas that are empirically linked to re‐offending.     

Pain as a fact and heuristic: how pain neuroimaging illuminates moral dimensions of law

In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. Yet, for all the work done by pain as a term in legal texts and practice, it has a confounding lack of external verifiability. Now, neuroimaging is rendering pain and myriad other subjective states at least partly ascertainable. This emerging ability to ascertain and quantify subjective states is prompting a "hedonic" or a "subjectivist" turn in legal scholarship, which has sparked a vigorous debate as to whether the quantification of subjective states might affect legal theory and practice. Subjectivists contend that much values-talk in law has been a necessary but poor substitute for quantitative determinations of subjective states--determinations that will be possible in the law's "experiential future." This Article argues the converse: that pain discourse in law frequently is a heuristic for values. Drawing on interviews and laboratory visits with neuroimaging researchers, this Article shows current and in-principle limitations of pain quantification through neuroimaging. It then presents case studies on torture-murder, torture, the death penalty, and abortion to show the largely heuristic role of pain discourse in law. Introducing the theory of "embodied morality," the Article describes how moral conceptions of rights and duties are informed by human physicality and constrained by the limits of empathic identification. Pain neuroimaging helps reveal this dual factual and heuristic nature of pain in the law, and thus itself points to the translational work required for neuroimaging to influence, much less transform, legal practice and doctrine.     

The Complexity of Social Outcomes from Cooperative,Competitive, and Individualistic Reward Systems

Previous research on cooperative and competitive reward systems has investigated the relation between extreme cooperative and competitive conditions, along with an intermediate noninterdependent neutral condition, to numerous outcome variables. This study added two additional conditions to these three usual conditions, between the neutral midpoint and the cooperative or competitive extremes, to see if these intermediate conditions might be distinctive in the outcomes they produced. The study used 240 participants, divided into groups of three that played a board game under these five different reward conditions. Participants' attitudes toward self, others, and task were then assessed and analyzed along with objective measures of performance, measures of self-esteem, state and trait anxiety, and results coded from an autobiographical report in game-defined roles. Results indicated that the intermediate cooperative condition was distinctively different from the extreme cooperative condition in predicted ways, and that the intermediate competitive condition was distinctively different from the extreme competitive condition, but in unpredicted ways. The research also demonstrated that an individualistic condition, which had previously been thought to produce neither a cooperative nor competitive social orientation, in fact produced both, raising questions as to whether reward interdependence, as researchers have defined it, is really the cause of cooperation and competition.