This study examines how different evidence disclosure modes affect the elicitation of new critical information. Two modes derived from the Strategic Use of Evidence (SUE) framework were compared against an early disclosure mode (i.e., the evidence was disclosed at the outset of the interview). Participants (N = 88) performed a mock crime consisting of several actions before they were interviewed as suspects. In both SUE conditions the interviewer elicited and disclosed statement-evidence inconsistencies in two phases after an introductory phase. For the SUE-Confrontation (SUE-C) condition, the interview was introduced in a business-like manner, and the interviewer confronted the suspects with the in/consistencies without giving them a chance to comment on these. For the SUE-Introduce-Present-Respond (SUE-IPR) condition, the interviewer introduced the interview in a non-guilt-presumptive way, presented the in/consistencies and allowed the suspects to comment on these, and then responded to their comments; at all times in a non-judgmental manner. Both SUE conditions generated comparatively more statement-evidence inconsistencies. The SUE-IPR condition resulted in more new critical information about the phase of the crime for which the interviewer lacked information, compared to the Early disclosure condition. A likely explanation for this was that (for the SUE-IPR condition) the interviewer used the inconsistencies to create a fostering interview atmosphere and made the suspects overestimate the interviewer's knowledge about the critical phase of the crime. In essence, this study shows that in order to win the game (i.e., obtaining new critical information), the interviewer needs to keep the suspect in the game (i.e., by not being too confrontational and judgmental).
Several self-report studies together with analyses of exoneration cases suggest that suspects with mental disorder are especially prone to making false confessions. The present study asked 153 forensic patients in Germany about their behavior during suspect interviewing by the police. Self-reported ground truth of guilt and innocence was asked for, thereby taking into account that the risk of false confession is present only if a person has ever been interviewed when innocent. Indeed, surveying samples that include suspects who have never been interviewed when innocent may lead to underestimating the risk of false confessions. In the present study, all patients reported having been interviewed previously when guilty; and almost two-thirds (62%, n = 95), that they had also been interviewed at least once when innocent. These participants stated that they remained silent while being interviewed significantly more often when guilty (44%) compared to when innocent (15%). This corroborates laboratory research findings indicating that the right to remain silent is waived more often by innocent than by guilty suspects. Out of all 95 participants who were ever interviewed when innocent, 25% reported having made a false confession on at least one occasion. This result is in line with previous international research showing a high percentage of false confessions among suspects with mental disorder.
The current study examined interview techniques aimed at eliciting intelligence from human sources. We compared two versions of the Scharff‐technique to the Direct Approach (a combination of open and direct questions). The Scharff conditions, conceptualised into four tactics, differed only with respect to the ‘confirmation/disconfirmation‐tactic’. The participants (N = 90) received background information and took the role as a source in a phone interview. They were instructed to strike a balance between not revealing too little and too much information. As predicted, the Scharff‐technique resulted in more new information than the Direct Approach. Importantly, the sources interviewed by the Scharff‐technique perceived that they had revealed less new information than they objectively did, whereas the sources interviewed by the Direct Approach perceived that they had revealed more new information than they objectively did. Furthermore, the interviewer's information objectives were better masked with the confirmation‐tactic than with the disconfirmation‐tactic. The results highlight the Scharff‐technique as a promising human intelligence gathering technique. Copyright © 2014 John Wiley & Sons, Ltd.
Purpose. Suspects are central participants of a police interview and can provide crucial information on the interview interactions with the interviewers. This study examined how the way suspects perceive interviews relates to (a) their reported status of being guilty or innocent and (b) their decision to confess or deny. Methods. A total of 250 convicted offenders completed a two-part questionnaire on their perceptions during the most recent suspect interview in which they had confessed to or denied a crime they had committed (Part 1) or not committed (Part 2). Results. Participants reported a total of 334 police interviews-223 for which they reported being guilty and 111 for which they reported being innocent. An exploratory factor analysis showed that three latent factors described how they viewed the interviewers and themselves: Respectful-Open Behaviors (non-accusatorial interviewer behaviour, and no pressure in suspects), Confession-Oriented Tactics by the interviewer (minimization and maximization tactics), and Suspects' Psychological Distress (insecurity, fear, and lack of self-confidence). Suspects perceived less Psychological Distress and less Respectful-Open Behaviors in reported innocent (vs. guilty) interview situations. In reported guilty interview situations, confessions were associated positively with Respectful-Open Behaviors and Suspects' Psychological Distress, whereas denials were associated positively with Confession-Oriented Tactics. Innocent interview situations showed a positive correlation between confessions and Suspects' Psychological Distress. Conclusions. In this study, suspects deliver an important message to the police and the legal system: The findings substantiate the benefits of an open-minded interviewing approach, and fail to support a confession-oriented interrogation approach. This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.
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