Post on 31-Mar-2015
Modifying the Cognitive Interview
for suspect interviews Modifying the Cognitive Interview
for suspect interviews
Amina MemonAmina Memon
Aims Aims
Contemporary approaches to Contemporary approaches to investigative interviewinginvestigative interviewing
Identifying the best approach for your Identifying the best approach for your interviewee (witness/suspect)interviewee (witness/suspect)
The reluctant suspect/witnessThe reluctant suspect/witness A structure for training and systematic A structure for training and systematic
evaluationevaluation
What have we got?What have we got?
The Cognitive Interview (CI) - national level to The Cognitive Interview (CI) - national level to police (since about 1990)-extensive scientific police (since about 1990)-extensive scientific literature.literature.
The Conversation management (CM) The Conversation management (CM) approach (Shepherd 1983)- 1 empirical study.approach (Shepherd 1983)- 1 empirical study.
PRICE modelPRICE model
Developments in Investigative interviewing
Developments in Investigative interviewing
Modifications to the Cognitive Modifications to the Cognitive InterviewInterview
Modified CIModified CI
Rapport & Transfer of ControlRapport & Transfer of Control Mental reinstatement of context or a sketch plan* Mental reinstatement of context or a sketch plan* Report in DetailReport in Detail Free recall followed by open questionsFree recall followed by open questions Replace the change order instruction with an Replace the change order instruction with an
additional retrieval (free recall). additional retrieval (free recall).
*Dando et al 2008*Dando et al 2008
frequency of the three types of cognitive interview currently being used in the literature
0
5
10
15
20
25
30
Type of cognitive interview
freq
uenc
y of
cog
nitiv
e in
terv
iew
s
OCI
ECI
MCI
Modified CI is most popular in research and practice based on 55 studies;Memon et al. 2008)
Using Modified CI with Strategic Use of Evidence (Granhag)Using Modified CI with Strategic Use of Evidence (Granhag)
Planning Planning Rapport Rapport Context/Sketch and report everything with Context/Sketch and report everything with
free recallfree recall Probe by “addressing” the evidence but Probe by “addressing” the evidence but
do not let on (exhaust alternatives)do not let on (exhaust alternatives) Confirm/Challenge*Confirm/Challenge*
* But note Dando & Bull’s: tactical approach
Application: Deception DetectionApplication: Deception Detection
Statement evidence inconsistencyStatement evidence inconsistency
Get detail and rule out alternative Get detail and rule out alternative accounts before disclosing evidenceaccounts before disclosing evidence
Use of sketch planUse of sketch plan
(Hartwig, Granhag et al 2005; Vrij, Granhag, et al 2008)
The intervieweeThe interviewee
There are many different kinds of There are many different kinds of witness/suspectwitness/suspect
Consider for each Interviewee (Witness or suspect)Consider for each Interviewee (Witness or suspect)
Ability to tell
Unable Able
Source: Mark Robinson: Kent Police
Consider for each Interviewee (Witness or suspect)Consider for each Interviewee (Witness or suspect)
Willingness to tell
Unwilling
Willing
Consider for each Interviewee (Witness or suspect)Consider for each Interviewee (Witness or suspect)
Unable Able
Unwilling
Willing
Willing and able
Unwilling but ableUnwilling and unable
Willing but unable
Model developed by Kent Police
Consider for each Interviewee (Witness or suspect)
Consider for each Interviewee (Witness or suspect)
Unable Able
Unwilling
Willing
Modified CI (PRICE)With SUE
Problem!
Could be a vulnerable individual: Wants to pleaseFalse Confession
Modified CI with SUEUse elements of CM?
Adapted: Kent Police
The unwilling witness The unwilling witness Due to trauma, fear, hostility, uncertainty?Due to trauma, fear, hostility, uncertainty? Too many investigators skip the rapport Too many investigators skip the rapport
phase because they are not collecting phase because they are not collecting evidence at this point.evidence at this point.
Rapport provides a chance for the Rapport provides a chance for the investigator to directly address the witness’s investigator to directly address the witness’s reluctance to talk, the motivational barrier.reluctance to talk, the motivational barrier.
Effective rapport allows the rest of the CI to Effective rapport allows the rest of the CI to be implemented. be implemented.
(Fisher, 2009)(Fisher, 2009)
The current situationThe current situation
Developments in training Developments in training
Clarke & Milne (2001)
“far more leading questions asked, most interviewers didn’t allow the witness to tell
their account and the interviews were mainly police led”
Clarke & Milne (2001)
“far more leading questions asked, most interviewers didn’t allow the witness to tell
their account and the interviews were mainly police led”
Interviewing was poorInterviewing was poor
Limited use of CI Limited use of CI
Closed questioning styleClosed questioning style
Interviewer driven and confirmatoryInterviewer driven and confirmatory
ACPO (2003) interviewing strategyACPO (2003) interviewing strategy
The new ACPO Strategy introduced 5 The new ACPO Strategy introduced 5 separate Tiers of Training for PEACE (and CI) separate Tiers of Training for PEACE (and CI) each of which is set against National each of which is set against National Occupational Standards.Occupational Standards.
Each tier has a training implication. Each tier has a training implication.
Each tier recommends that competencies Each tier recommends that competencies MUST be met at each level for progression to MUST be met at each level for progression to the next level.the next level.
To dateTo date
No evaluation of PRICENo evaluation of PRICE
“Having considered the transcript of theinterview, we are driven to the conclusion that some of the questions put by the interviewing police officer can only be described as outrageous”
Lord Hamilton’s comments during Luke Mitchell’s appeal against the murder of Jody Jones
http://www.scotcourts.gov.uk/opinions/2008HCJA28.html
Good PracticeGood Practice
Peebles vs HMAPeebles vs HMA
The DC leading the enquiry The DC leading the enquiry identified special needs and identified special needs and appointed appropriate adultappointed appropriate adult
Proposal for Scottish PoliceProposal for Scottish Police
Use the modified CI (rapport building) Use the modified CI (rapport building) to improve information gathering in to improve information gathering in interviews where witnesses have interviews where witnesses have information but may be reluctant to information but may be reluctant to disclose disclose
Use evidence strategically within the Use evidence strategically within the PRICE modelPRICE model
Proposal for Scottish PoliceProposal for Scottish Police
Develop a structure for training and Develop a structure for training and monitoring/assessment of training at monitoring/assessment of training at different levelsdifferent levels
For details of my recent research go For details of my recent research go to: to:
http://www.abdn.ac.uk/~r03kah6/eyewitness/http://www.abdn.ac.uk/~r03kah6/eyewitness/
Acknowledgements European Union Framework 6 Grant
CMCM
ReciprocityReciprocity: if someone smiles, you smile back, : if someone smiles, you smile back, show you are aware of how witness feels)show you are aware of how witness feels)
Response: Mindful behaviours for relationship Response: Mindful behaviours for relationship buildingbuilding..
Managing the interview:Managing the interview: the relationship with the relationship with the interviewee, the conduct of persons the interviewee, the conduct of persons present and content. Planning is key to identify present and content. Planning is key to identify topics to be covered and areas of questioning topics to be covered and areas of questioning within each topic.within each topic.
Interviewing modelsInterviewing models
PRICEPRICE PreparationPreparation RapportRapport InformationInformation ConfirmationConfirmation EvaluationEvaluation
PEACEPEACE PreparationPreparation Explain & EngageExplain & Engage AccountAccount Closure & Closure &
EvaluationEvaluation
ApplicationApplication
Witnesses in sexual offence investigationsWitnesses in sexual offence investigations
-Welfare is paramount-Welfare is paramount
-Addressing needs and fears-Addressing needs and fears
-Explain purpose and transfer control-Explain purpose and transfer control
-Report Everything (open questions).-Report Everything (open questions).
-Be flexible, return to rapport building any -Be flexible, return to rapport building any time the witness feels uncomfortable.time the witness feels uncomfortable.