Interviewing to Elicit Cues to Deception: Improving Strategic Use of Evidence with General-To-Specific Framing of Evidence

Previous research has demonstrated that the strategic use of evidence (SUE) approach of interviewing criminal suspects is effective at eliciting cues to deception. This study aims at expanding on the SUE approach by testing the technique of general-to-specific evidence framing. We conducted an experiment using a mock terrorism paradigm. Guilty participants took part in a simulated act of terrorism, while innocent participants performed a similar act involving no transgression. All participants (N?=?102) were then interviewed using one of four evidence disclosure styles (early disclosure, late disclosure, 2-step disclosure, or 4-step disclosure). We expected that disclosing evidence to the suspect gradually, with increasing specificity, would induce guilty suspects to alter their statements to a greater extent than innocent suspects. General-to-specific evidence framing effectively discriminated between guilty and innocent suspects, but results only partially supported the hypotheses.     

The detection of deception with the reality monitoring approach: a review of the empirical evidence

One of the verbal approaches to the detection of deceit is based on research on human memory that tries to identify the characteristics that differentiate between internal and external memories (reality monitoring). This approach has attempted to extrapolate the contributions of reality monitoring (RM) research to the deception area. In this paper, we have attempted to review all available studies conducted in several countries in order to yield some general conclusions concerning the discriminative power of this approach. Regarding individual criteria, the empirical results are not very encouraging: few criteria discriminate significantly across studies, and there are several variables that moderate their effect. Some of the contradictory findings may have emerged because of differences in the operationalizations and procedures used across individual studies. However, more promising results have been reported in recent studies, and the approach as a whole appears to discriminate above chance level, reaching accuracy rates that are similar to those of criteria-based content analysis (CBCA). Some suggestions for future research are made.     

Temperature fluctuations at sympathetic preganglionic neuron sites in the thoracolumbar section of the spinal column as cues to deception: a preliminary study

In this experiment, both thermal imaging and the Concealed Information Test (CIT) methodologies were adopted, for the first time, to explore the efficacy of the thermal imaging of the thoracolumbar (T1–L3) region of the spinal column within the context of deception detection. Thirty-one participants followed a CIT-based structured interview process in a low-stakes laboratory setting whereby temperature fluctuations induced by the preganglionic neurons in the spinal column were measured with a thermal imaging camera during verbal responses to interview questions. The degree of temperature changes was then analyzed in order to determine truthfulness and deceit. Thermal imaging of the thoracolumbar region of the spinal column during sympathetic activation was effective in determining truthful responses with an accuracy rate of 91.9% and deceitful responses with an accuracy rate of 71.0%. Current findings support the potential use of temperature fluctuations of preganglionic neuron sites in the thoracolumbar section for lie-detection purposes.     

Giving the reasonable patient a voice: information disclosure and the relevance of empirical evidence

In England the standard of risk disclosure required of doctors to avoid liability in negligence is governed by the Bolam test. The test is determined by what would be accepted as reasonable by the responsible doctor. Although able to lay down an independent standard, the courts have usually been guided by the medical expert's evidence. The judge's duty to scrutinise expert evidence was reaffirmed by the recent House of Lords ruling in Bolitho v City and Hackney HA. In Pearce v United Bristol Healthcare NHS Trust, Lord Woolf MR confirmed that this also applied to risk disclosure. Brazier & Miola argue that Pearce effectively introduces the prudent patient standard into English law. This paper examines that claim and considers whether it is justified by the Pearce judgment. The implications of Pearce are explored and, given the appeal to the concept of a material risk, I discuss the relevance of empirical research to determining the standard of disclosure. Finally, a small piece of empirical work is presented as an illustration of the pros and cons of such an approach and as a possible springboard for future research.     

Framing innocence: an experimental test of the effects of wrongful convictions on public opinion

Journal of Experimental Criminology - Discourse about criminal justice in the USA increasingly revolves around wrongful convictions. Research has documented the emergence of the “innocence...     

Training in the Strategic Use of Evidence technique: Improving deception detection accuracy of American law enforcement officers

The Strategic Use of Evidence (SUE) approach is a framework for planning and executing suspect interviews with the aim of facilitating judgments of truth and deception. US law enforcement officers (N = 59) either received training in the SUE approach or did not. Each officer interviewed a mock suspect (N = 59) who had either committed a simulated security breach or had completed a benign task. The officers who received SUE training interviewed in line with the training: They questioned the suspect systematically, withheld the evidence and critical case information until after questioning, and relied on statement-evidence inconsistency to detect deceit. Consequently, SUE-trained interviewers achieved a higher deception detection accuracy rate (65%) compared to untrained interviewers (43%).     

The language of deceit: An investigation of the verbal clues to deception in the interrogation context

We examined the hypothesis that reliable verbal indicators of deception exist in the interrogation context. Participants were recruited for a study addressing security effectiveness and either committed a theft to test the effectiveness of a new security guard or carried out a similar but innocuous task. They then provided either (1) a truthful alibi, (2) a partially deceptive account, (3) a completely false alibi, or (4) a truthful confession regarding the theft to an interrogator hired for the purpose of investigating thefts with a monetary incentive for convincing the interrogator of their truthfulness. Results indicated that only 3 out of the 18 (16.7%) clues tested significantly differentiated the truthful and deceptive accounts. All 3 clues were derived from the Statement Validity Analysis (SVA) technique (amount of detail reported, coherence, and admissions of lack of memory). Implications for credibility assessment in forensic interrogations are discussed.     

The FAA's postmortem forensic toxicology self-evaluated proficiency test program: the first seven years

Existing proficiency-testing (PT) programs do not address the complexity of postmortem forensic toxicology. These programs do not include decomposed samples and solid tissues. Therefore, the Federal Aviation Administration in July 1991 started such a needed PT program. This program is used to: (i) professionally develop and maintain technical currency on a voluntary, interlaboratory, and self-evaluation basis, and (ii) quantifiably assess methods in the absence and presence of interfering substances. There are currently about 30 laboratories in the program. Functioning under various governmental/non-governmental agencies and academic institutions, these laboratories represent a broad cross-section of the country. PT samples are distributed quarterly, and result summaries are sent to the participants, while maintaining their anonymity. Since the inception of the program, 28 PT samples encompassing whole blood, plasma, urine, kidney, or liver, with (or without) drugs, metabolites, and common chemicals (nicotine, caffeine, beta-phenylethylamine, etc.) have been analyzed by the participants. Analytical findings were generally consistent with the anticipated values, but they were dependent on the nature and conditions of the specimens and types of the added analytes. Some incidences of false positives of concern were noted, as well. This PT program is one of the few programs recommended by the American Board of Forensic Toxicology in which laboratories may participate for their accreditation by the Board. It is anticipated that this PT program will continue to play a critical part in supporting the quality assurance/quality control (QA/QC) component of forensic toxicology, thereby enhancing operational performance.     

From coercion to deception: the changing nature of police interrogation in America

Our police, with no legal sanction whatever, employ duress, threat, bullying, a vast amount of moderate physical abuse and a certain degree of outright torture; and their inquisitions customarily begin with the demand: If you know what's good for you, you'll confess. (Ernest Jerome Hopkins, 1931)¹ Today, Ness Said, interrogation is not a matter of forcing suspects to confess but of conning them. Really, what we do is just to bullshit them (William Hart, 1981)² There is an interesting irony at work here: restrict police use of coercion, and the use of deception increases. (Gary Marx, 1988)³ In both popular discourse and academic scholarship one continually encounters references to the tradition-bound police who are resistant to change. Nothing could be further from the truth. The history of the American police over the past 100 years is the history of drastic, if not radical, change. (Samuel Walker, 1977)⁴ A longer version of this paper was presented at the Annual Meeting of the American Society of Criminology in November, 1991.     

Evaluating the work of Australia's Family Relationship Centres: Evidence from the first 5 years

Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts.     

中国证据法改革者面临的选择—— 从《联邦证据规则》与《加州证据法典》之对比中获得的启示

美国《联邦证据规则》作为英美成文证据法的典范,常常受到我国学者的青睐.但该规则并非可资借鉴的唯一美国模式.生效于1967年的《加州证据法典》被普遍认为在对普通法规则的修正方面获得了成功.其影响不仅限于加州地区,而且美国《联邦证据规则》中许多条款都曾以《加州证据法典》中的相应规定为范本.但在许多情况下,《加州证据法典》与《联邦联邦规则》在调整同一问题的规定之间也存在着明显的差异,它们体现了起草者不同的政策选择.理解这些差异有助于中国证据法改革者做出最契合本国文化和法律价值观的证据性选择.     

证据的内涵与依法取证-以行政处罚证据的收集为分析视角

作为法律程序整体所必不可少的一部分,行政程序与司法程序一样,都在证据的作用下发挥其功能。然而,我国研究更多将目光聚焦于诉讼证据,而对行政程序证据缺乏关注。但实际上,行政机关是依法治国的主要执行官,其与公民的关系比其他任何国家机关更为密切,所以规范行政机关的执法行为无疑成为依法治国的重大课题,其中对行政处罚证据的规范尤其如此。从原则上而言,行政处罚证据理应符合证据“三性”,但警察思维与法官思维上的差异使其对证据有其特殊要求,基于公共利益保护的需要,行政处罚证据的关联性、合法性存在减弱和例外情形,因此,对于“毒树之果”以及通过钓鱼执法、秘密调查等方式所得证据并不必然排除,为此,与其让这些实践中早已普遍存在的行为游离于法外,不如通过立法明确规定其范围、程序和命令禁止事项。     

民事诉讼当事人伪造证据的刑法适用

在民事诉讼中,"其他人"帮助当事人伪造证据的,可以定性为帮助伪造证据罪,而当事人自己伪造证据的,却缺乏相应的"当事人伪造证据罪"予以处罚,其能否定罪、如何定罪,争议也极大.为避免放纵犯罪,本文通过评析有关个罪的特征,重点从当事人伪造证据的目的和行为两方面来考察其定罪的可行性与合理性.