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1.
This research explores the basis of officer decision making during encounters with juvenile suspects, and compares these encounters to those between police and adults. Specifically, two types of officer behavior are examined: the decision to arrest, and the exercise of authority. Officer behavior during encounters with juvenile suspects is compared and contrasted to encounters with adult suspects. Results from multivariate analyses find juveniles are significantly more likely to be arrested than adults; however, officers do not exercise different levels of authority during interactions with juvenile suspects. Results also indicate that the factors shaping officer behavior varies across age of suspect, namely, the community context and officer's race offer significantly different influences on juveniles than on adults. Other factors also influence officer discretion differently depending on the age of the suspect, most noteworthy being disrespectful demeanor. The results indicate that police officer behavior during encounters with juvenile suspects is very different than during encounters with adults.  相似文献   

2.
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.  相似文献   

3.
Abstract

We describe a study of more than 1000 interrogations by Metropolitan Police Officers. Obtaining a confession is found to be the paramount reason for interviewing a suspect. However, few suspects who did not initially confess changed their minds during the interview. 42% of suspects admitted their guilt—about the same number as obtained before tape recording of interviews was introduced. Strength of evidence and legal advice were the principal factors associated with confessing. The confession rate also varied according to which police station hosted the “interview”. An “accusatorial” style of questioning was associated with the possession of strong evidence against the suspect.  相似文献   

4.
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.  相似文献   

5.
In Experiment 1, we examined whether three interview styles used by the police, accusatory, information-gathering and behaviour analysis, reveal verbal cues to deceit, measured with the Criteria-Based Content Analysis (CBCA) and Reality Monitoring (RM) methods. A total of 120 mock suspects told the truth or lied about a staged event and were interviewed by a police officer employing one of these three interview styles. The results showed that accusatory interviews, which typically result in suspects making short denials, contained the fewest verbal cues to deceit. Moreover, RM distinguished between truth tellers and liars better than CBCA. Finally, manual RM coding resulted in more verbal cues to deception than automatic coding of the RM criteria utilising the Linguistic Inquiry and Word Count (LIWC) software programme.In Experiment 2, we examined the effects of the three police interview styles on the ability to detect deception. Sixty-eight police officers watched some of the videotaped interviews of Experiment 1 and made veracity and confidence judgements. Accuracy scores did not differ between the three interview styles; however, watching accusatory interviews resulted in more false accusations (accusing truth tellers of lying) than watching information-gathering interviews. Furthermore, only in accusatory interviews, judgements of mendacity were associated with higher confidence. We discuss the possible danger of conducting accusatory interviews.  相似文献   

6.
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.  相似文献   

7.
Two hundred and ninety-one new adult male inmates convicted of murder, robbery, arson, rape, forcible indecency, and kidnapping completed questionnaires about their pretrial interviews. Logistic regression analyses revealed that marital status, feelings of guilt, and perceptions of the strength of the evidence significantly affected the likelihood of confession by those who had already decided to confess prior to interview. By contrast, prior arrest history and interview style affected the likelihood of confession by those who had not previously decided to confess. Suspects who had no previous arrests and had undergone either Undifferentiated-high or Relationship-focused interviews were more likely to make full confessions. In Undifferentiated-high interviews, police officers employed all of the interviewing techniques examined: they listened closely to the suspects’ accounts, attempted to build good relationships, and discussed the crimes, while also presenting evidence and confronting the suspects. In Relationship-focused interviews, police officers listened attentively to the offenders’ accounts, tried to build good relationships, and discussed the crimes directly. Prisoners who experienced Relationship-focused interviews felt satisfied with their confessions and admitted guilt at trial.  相似文献   

8.
Little information has been available on the frequency of police interrogation and rights waiver in juvenile cases. Research in developmental psychology suggests that the cognitive and emotional characteristics of juveniles, coupled with the circumstances inherent in police interrogations might render very infrequent the assertion of the right to silence by juveniles. Furthermore, both legal and social science commentators have suggested that an increase in certain due process protections (e.g., presence of parents at questioning) might not mitigate the forementioned effect. To test these assumptions, the study examined juvenile court records for a random sample of felony referrals over a three-year period (491 juveniles, 707 referrals). Police questioning occurred in 65–75% of felony referrals, and juveniles in about 90% of these referrals provided police with information (more than personal identification). These results were examined in relation to demographic and offense variables. Due process protections were significantly more frequent during one year than during a previous year, but there was no difference between years in the frequency of rights waiver. The implications of these findings are discussed.This study was supported by research grant MH-27849 from the Center for Studies of Crime and Delinquency, National Institute of Mental Health. The St. Louis County Juvenile Court is gratefully acknowledged for its cooperation in this study. Opinions and conclusions expressed in the report do not necessarily reflect those of either the grant agency or the St. Louis County Juvenile Court. In addition, Linda Vierling, Rebort Neems, and Ronald Peal are acknowledged for their assistance in data collection and analysis.  相似文献   

9.
This study investigated whether legal variables predict police dispositions as regards the prosecution of juveniles. For this purpose first apprehensions of a sample of 479 Israeli adolescents (aged 13.5–15.5) in a one-year period were analyzed. The association between the legal variables and police dispositions was analyzed separately within four hierarchical stages of involvement with the juvenile justice system. Previous referral to court and previous court appearance were found to be excellent predictors of police decision to prosecute. However, in the earlier stages of involvement with the juvenile justice system, (i.e., when juveniles had no previous court referrals or appearances), the predicting power of the few available legal variables (type and seriousness of offense and number of previous police apprehensions) was found to be negligible. In the discussion of the findings, the contradicting labeling and deterrence theories are applied to the functioning of the juvenile units within the police: The present study has empirically identified the specific point where police decision-making reflects a switch-over from the labeling to the deterrence approach. Some suggestions for future research are put forward in order to improve the predictability of police dispositions at the early stages of the juvenile's involvement with the criminal justice system.  相似文献   

10.
徐美君 《现代法学》2003,25(5):23-26
"适当成年人"讯问时在场制度是西方国家普遍规定的一项制度,旨在通过适当成年人在警察讯问时的在场来保证未成年犯罪嫌疑人免受警察的不当压迫,从而实现程序的公正。为保护未成年犯罪嫌疑人的权利,我国应当在目前司法解释的基础上全面确立该项制度。  相似文献   

11.
《Justice Quarterly》2012,29(4):705-746

Using a diversity of samples, sources of data, measures of force, analytical methods, and theoretical frameworks, prior research reported that the prevalence of police use of force ranges from 0.8% to 58.1% of police-suspect encounters. In addition, few characteristics of officers, suspects, police departments, or neighborhoods are associated consistently with the amount of force used by the police. Using self-report data by police from 7,512 adult custody arrests in six jurisdictions, this study found that the associations between encounter-level characteristics and police use of force are dependent on the incorporation of suspects' resistance and on the measure of force used.  相似文献   

12.
Purpose. This study examined the interviewing ability of benefit fraud investigators, specifically examining the effects of training in the PEACE model. This model, preferred by the British police, is a mnemonic for the interview process: planning and preparation, engage and explanation, account, closure, and evaluation. Methods. An analysis was undertaken of 99 audiotapes of real‐life interviews with benefit fraud suspects, comparing performance levels between trained and untrained investigators, using an assessment scale consisting of 56 behavioural and procedural elements adapted from Clarke and Milne (2001) . Results. Some improvements were found in performance amongst the trained investigators notably with good practices being seen in the effective use of ‘open’ questions which facilitated increased information from suspects, in addition to a comprehensive fulfilment of the necessary legal requirements. Additionally, only rare occurrences were found of any unethical practices. However, the study also found little evidence of planning which was thought to affect interview content particularly in relation to their structure and flexibility. Concerns were also found with (i) shortfalls in rapport building, (ii) insufficient coverage of the points that required proving, (iii) failures to completely explore the suspect's motive and (iv) the lack of summarizing during the interview. Conclusions. The research found some performance improvement after interview training but this was insufficient to suggest a general trend towards increased professionalism. A need for further training was identified, both in the PEACE model and in other appropriate interviewing skills.  相似文献   

13.
This paper, drawing upon qualitative data produced through interviews with custody officers (COs) at two custody suites in England, examines how the vulnerability of children and young people is conceptualised generally, within the criminal process, and then, more specifically, in police custody. It uses the appropriate adult (AA) safeguard under Code C to the Police and Criminal Evidence Act 1984 as the point of reference and explores, firstly, how childhood is conceptualised and, secondly, how childhood vulnerability is understood by COs. The responses of COs are perhaps indicative of a wider issue within the criminal process – the construction of youth and childhood and, accordingly, the criminal law response to children and young people. Within this paper, whilst it is accepted that childhood and vulnerability are non-static concepts, it is nevertheless contended that children and young people are vulnerable, particularly when facing the criminal process.  相似文献   

14.
An apparent decrease in differences between the sexes in criminal behavior and law enforcement outcomes has been attributed to changes in attitudes toward sex roles and increasing female labor force participation. The research reported here addresses two related questions in this area: (1) Have there been changes over time in sex differences in the disposition of police contacts with juveniles and adults? and (2) Do any observed changes account for increases in the female crime rate? Our analysis of data from 10,723 police contacts in a mid-western city during the period 1948–1976 found a trend toward a diminished sex difference in police dispositions of juvenile and adult misdemeanors and adult felonies. There was no evidence for a similar trend for juvenile status offenses or juvenile felonies. The findings also suggest that part of the apparent increase in female crime may be due to changes in official reactions to female offenders.  相似文献   

15.
Abstract

This paper analyses the techniques used by police officers at two South London Police Stations: Orpington and Peckham. Audio tapes of 161 police interviews were analysed with regard to their duration, type of techniques employed, suspects' reactions, and the number of confessions obtained. The findings reveal that the great majority of the interviews are short, non-confrontational, and that exchanges are conducted with polite and compliant suspects. The Orpington suspects were significantly more ‘co-operative’ than their Peckham counterparts which may reflect quite different social and demographic conditions. In only a fifth of the cases did the police employ any challenging tactics to question the suspect's version of events. Overall, there were fewer coercive or manipulative tactics employed compared with earlier studies although the number of confessions or admissions obtained has remained relatively constant. Recommendations are made for police interview training to reflect these findings.  相似文献   

16.
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.  相似文献   

17.
This article explores the relations of moral disengagement with several legal, institutional, and demographic characteristics of young offenders held in custody. The sample consisted of 152 randomly selected male young offenders from the largest young offenders' institution in Scotland. The age of the sample ranged from 16 to 21 (M = 18.9, SD =1.3). The respondents took part in a structured interview asking about several sociodemographic characteristics, and they completed the Moral Disengagement Scale. The sample in the study scored significantly higher on moral disengagement in comparison to a community sample. Higher moral disengagement was related to the offenders' families receiving help from a social worker; the expectation of an unstable living situation after custody; drug use before custody; and intention of drug use after custody. However, the lack of relation of moral disengagement to most of the social, family, school, employment, legal, and lifestyle characteristics of the sample suggests that moral disengagement is an independent variable exerting an influence on juvenile delinquent behavior over and above the social characteristics of juvenile delinquents.  相似文献   

18.
Over the past three decades much has been learned about the role and importance of psychological vulnerabilities in the context of unreliability of information obtained during police interviews. This paper reviews the current state of knowledge and explains why vulnerabilities are important. Psychological vulnerabilities are best construed as potential ‘risk factors’ rather than definitive markers of unreliability. They are important, because they may place witnesses, victims, and suspects at a disadvantage in terms of coping with the demand characteristics of the interview (and subsequent Court process) and being able to provide the police with salient, detailed, accurate, and coherent answers to questions. Early identification of relevant and pertinent vulnerabilities in the interview process helps to ensure fairness and justice. Currently, the identification of vulnerabilities is poor, and even when identified, they are not always acted upon. Nevertheless, England has taken the lead in improving the police interview process and the protection of vulnerable interviewees. More work needs to be done, but the Bradley Report recommendations represent an excellent opportunity for police and health care professionals to work together to improve justice for all. This is the key initial interface that will be vital for reducing future miscarriages of justice.  相似文献   

19.
Abstract

There is increased recognition that people interviewed by the police are often psychologically vulnerable due to modest intelligence, mental health problems, disturbed mental state, and personality problems. The current study aimed to investigate differences in the mental state and personality between suspects and witnesses. The participants were 78 individuals (47 suspects and 31 witnesses) who had been interviewed by the Icelandic police. They were assessed psychologically immediately after the interview with the police was completed. Significant differences emerged between the two groups with the suspects being more depressed, hopeless, compliant and personality disordered than the witnesses. Four of the suspects claimed to have made a false confession to the police due to their immediate need or psychological problems.  相似文献   

20.
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