Improving the legal aspects of police interviewing of suspects

The purpose of this paper is to provide some guidance to police interviewers and trainers in relation to improving the legal aspects of police questioning of suspects. The paper is written with reference to Victorian legislation. Sixteen professionals (defence barristers, academics, prosecutors, and detectives), all with extensive knowledge of the law and experience evaluating police interviews with suspects, took part in individual indepth interviews (M ¼ 100 minutes). The aim of the interviews was to discuss the limitations of police interviews with suspects and to provide exemplars of concerns from a set of de-identified transcripts that had been provided to the professionals prior to their interviews with us. Overall, four key limitations were raised: (a) inadequate particularisation of offences, (b) inappropriate phrasing of questions, (c) poor introduction of allegations, and (d) questions that unfairly ask the suspect to comment on the victim’s perspective. These concerns and their practical implications are discussed.

Evaluating police interviewing practices with suspects in child-sexual abuse cases

This article examined adherence to current best practice recommendations for police interviewing of individuals suspected of committing child-sexual offences. We analysed 81 police records of interviews (electronically recorded and then transcribed) with suspects in child-sexual abuse cases in England and Australia. Overall we found areas of skilled practice, indicating that police interviewing in Australia and England is in a far better place than 20 years ago. However, this study also demonstrated that there is still a gap between the recommended guidelines for interviewing and what actually happens in practice. Specifically, limitations were found in the following areas: transparency of the interview process; introduction of allegations; disclosure of evidence; questioning techniques; and the interviewing approach or manner adopted. The practical implications of these findings are discussed.

What criteria do police officers use to measure the success of an interview with a child?

This study used a mixed-methods approach to explore the perceptions of a heterogeneous sample of 75 police interviewers regarding their performance in a mock interview with a 5-7-year-old child. Each officer recruited for this study was authorised to conduct investigative interviews with children. Specifically, we explored how the officers' perception of what makes a good interview differs depending on their background experience and their (perceived and actual) ability to adhere to best-practice interview guidelines. Overall, the officers' perceptions of what constitutes an effective interview were not entirely consistent with those held by experts in forensic interviewing. The majority of the interviewers perceived that the locus of control in the interview rested primarily with the child and/or the environmental setting. In contrast, experts tend to place the central onus of responsibility for the outcome of an interview on the skill of the interviewer in using open-ended questions. Several possible explanations for, and the implications of, these findings are discussed.

A qualitative examination of police officers' questioning of children about repeated events

For an offender to be convicted in relation to repeated child abuse, most jurisdictions require that each separate act be identified with reasonable precision with reference to time, place, or some other unique contextual detail (S v. R, 1989). The current study provided a qualitative examination of the way in which police officers assist children to identify and distinguish between occurrences of a repeated event. Field, as well as mock interviews (about an innocuous staged event) were examined, with child witnesses' ages ranging from 3 to 16 years. Overall, several problems in the questioning were highlighted. These included: over-reliance on specific questions, use of 'labels' for occurrences without inquiring as to whether these were unique, and frequent shifting of the focus between occurrences. The implications of these findings are discussed.

Contrasting the perceptions of child testimony experts, prosecutors and police officers regarding individual child abuse interviews

The aim of this study was to compare and contrast the perceptions of various stakeholders regarding a series of interviews about child abuse. Eight focus groups were conducted, each involving a police officer (child abuse investigator), a prosecutor who specializes in child abuse and a child testimony expert. The aim of the focus groups was to discuss the strengths and weaknesses of the specific interviews, which were conducted by the police officer in each focus group. Thematic analysis showed that the prosecutors and child testimony experts were relatively consistent in their perceptions about the need for more free narrative from child witnesses, and to ensure that police officers demonstrate open-mindedness when interviewing children. Differences in priorities and assumptions about the value of various interview techniques, however, were found among the stakeholders. These differences and their practical implications are discussed.

The relationship between investigative interviewing experience and open-ended question usage

We present three studies examining the role of prior job experience in interviewing and interviewers’ ability to learn open-ended questions during a training program. We predicted a negative relationship such that more experienced interviewers would perform worse after training than less experienced interviewers, and that (irrespective of baseline performance) the more experienced interviewers would improve the least during training. These predictions were made for two reasons. First, specific questions are commonly used in the workplace (i.e. open-ended questioning constitutes new learning). Second, experience in the use of specific questions potentially interferes with newly learned open-ended questions. Overall, our predictions were supported across different participant samples (including police officers specialized in child abuse investigation and social workers from the child protection area), time delays, and modes of training. The results highlight the need for investment in ongoing investigative interviewing training commencing early during professionals’ careers, prior to the establishment of long-term habits in the use of specific questions.

A guide to interviewing children : essential skills for counsellors, police, lawyers and social workers

This book has been written by two people who really understand children. [They show how to] create opportunities to reduce the trauma of the interview and significantly improve the quality of the information obtained. Chief Constable A.J. Butler Gloucestershire Constabulary A few years ago, a Chief Justice said that it was unnecessary to educate lawyers and judges in the techniques of interviewing children because it was 'just common sense'. The authors show that successful interviewing requires much more than 'common sense'. Freda Briggs, Professor of Child Development, University of South Australia...an excellent book for students and professionals in forensic psychology, policing and social work.Helen Westcott, PhD, The Open UniversityIt is critical that children are interviewed properly in cases of suspected abuse or where the children may be witnesses to or victims of a crime. Poor questioning can upset the child further and contaminate evidence that may be needed in court. Interviewing Children is a practical guide to interviewing techniques for a range of professionals including welfare workers, psychologists, schoolteachers and counsellors, police officers and lawyers. Step by step, it outlines the key stages of an interview, and how to respond to the child's needs during an interview. It explains how to deal with children of different ages and from different backgrounds, and also how to work with their parents. Particular attention is paid to the sensitive issue of sexual abuse, and the problems created by multiple interviews.Clare Wilson lectures in the Department of Psychology at the University of Sydney. Martine Powell lectures in the School of Psychology at Deakin University. Both have trained police officers, social workers and legal professionals in interviewing techniques in Australia and the UK.------------------Full quotes to go on half-title page:This book has been written by two people who really understand children. In passing on their knowledge to professionals who engage with children in the interview room, they create opportunities to reduce the trauma of the interview and significantly improve the quality of the information obtained. Writing in a clear and fresh style, the authors have produced a book which is valuable as a point of reference, a day to day tool and as a training aid to develop skills.Chief Constable A.J. Butler Gloucestershire ConstabularyThis book should be read by all professionals who work with children and could findthemselves receiving disclosures of abuse. It is practical, easy to read and full of examples and hints. It should be a compulsory text for social work studen

The relationship between job status, interviewing experience, gender, and police officers' adherence to open-ended questions

Purpose : The current study examined whether several factors related to the job and demographic profile of police officers are associated with adherence to best-practice guidelines when interviewing children.

Method : One hundred and seventy-eight police officers completed a standardized (simulated) interview regarding an allegation of abuse by a 5-year-old child. Immediately prior to this interview, details were obtained from the officers' regarding their job status, gender, interview experience, the timing and nature of prior training/supervision, and experience outside the policing profession with young children.

Results : The results showed that timing of training was the only factor that related to interview performance. The proportion of open-ended questions among participants who completed their interviewer training course less than 1 month prior to the simulated interview was better than those who completed the training earlier. Interestingly, the performance of the latter group was identical to that of a group of participants who had not yet received any formal interview training. The implications of the findings are discussed, along with directions for future research.

Police officers' perceptions of interviewing offenders on sex offender registries

Police interviews with offenders form an important component of the sex offender registry monitoring process. This study provides an analysis of police professionals’ perceptions of the benefits and process of interviewing offenders on sex offender registries. Participants were a heterogeneous sample of 24 Australian police personnel whose roles were primarily associated with the operation of sex offender registries across three different jurisdictions. Participants’ perceptions of sex offender registry interviews were elicited using non-directive prompts in focus groups of between two and five officers. Transcripts of these focus groups were analysed andkey themes identified. Reported benefits related to the identification and correction of misunderstandings about registry requirements and elicitation of information to assist ongoing management and investigation of new offences. Further, establishing a sound relationship enabled proactive support of the offender in his/her attempt not to re-offend. Interview procedures emphasised the importance of genuine engagement and a relationship based on trust. The findings highlighted several challenges to interviewing and directions for further training, support and research. Participants’ responses underscore the significant role that interviews play in the effective implementation of sex offender registries and emphasise the need for successful engagement of offenders during these interviews to improve the utility of registry schemes. This was the first study to examine the strengths and challenges of interviewing offenders on the registry from a policing perspective.

Police perceptions of interviews involving children with intellectual disabilities: a qualitative inquiry

This study employed a qualitative method to explore the experiences of 20 police officers when interviewing children with intellectual disabilities. Three main themes were interpreted as representing challenges to the officers when interviewing special-needs children: police organizational culture, participants' perceptions of these children as interviewees, and prior information. Participants in this inquiry mentioned poor organizational priority within the police force for child abuse cases and children with intellectual disabilities, as well as inadequate support for interviewing skills development and maintenance. Participants also attempted to equalize these children by interviewing them in the same way as their mainstream peers. Finally, participants viewed interview preparation as influential in determining an interview's successful outcome, but recognized that preparedness could bias their interviewing techniques. Increased attention towards these issues will provide a basis for developing strategies to minimize such challenges and thus improve the quality of interviews with children with intellectual disabilities.

The importance of using open-ended questions when interviewing children

In addition to making reference to best practices, already known, concerning the conduct of interviews with child victims of sexual abuse, the author describes some of the questions of development that must be made and the four benefits of free narrative. Despite the qualities of this type of approach, surveys show that professionals do not get the research, as a rule, free of narrative descriptions by children and that interviews tend to contain the short answer questions, with few breaks and an excessive number of closed questions and trick.According to trainers, experts in this field, there should be greater recognition of the interview as a forensic specialist skills and promote themselves to more effective supervision and monitoring of the forensic interview at work.

What makes a good investigative interviewer of children? A comparison of police officers' and experts; perceptions

Purpose – The purpose of this paper is to examine police officers’ perceptions about their role in interviewing children, and to compare these perceptions with those of child eyewitness memory experts.

Design/methodology/approach – A diverse sample of 23 police officers (from three states of Australia) individually participated in in-depth interviews where they were asked to define what makes a good interviewer in the area of child abuse investigation.

Findings – Irrespective of the background of the officers, the important role of interviewers’ personal attributes was emphasised (e.g. having a relaxed, empathetic, warm nature). Such personal attributes were more prominent in the participants’ descriptions than knowledge of legislation and children’s
development, prior job experience, and interviewing techniques.

Research limitations/implications – The paper shows that while child eyewitness memory experts acknowledge the importance of establishing a bond of mutual trust between the interviewer and the child, the importance of utilising an open-ended questioning style for enhancing rapport, and
for eliciting a detailed and accurate account of abuse cannot be overstated. The possible reasons for the police officers’ emphasis on personal qualities are discussed.

Originality/value – This paper has revealed that limitations in the competency of police officers in interviewing children is not merely a problem of “doing” (i.e. learning to ask open-ended questions),
but may also reflect ingrained attitudinal and organisational barriers.

'Marvin the Mouse'; can he assist police to elicit evidence from young children?

This study investigated the usefulness of a computer program designed to assess young children's understanding of words that may be relevant to an investigative interview about assault. Forty-one police officers conducted two interviews with five- to six-year-old children (one was conducted with the program and one without). The program's effectiveness was based on the interviewers' ratings of the usefulness of the program as well as three independent indices of interviewer-child rapport. Overall, the police officers perceived the program to be an extremely useful pre-interview assessment. However, the program had little impact on the officers' style of questioning and the nature of the children's responses. The implications of these findings are discussed.

Children's perceptions of the role of police: a qualitative study

A qualitative methodology, using open-ended questions, was employed to explore the perceptions of 112 children regarding the role of police. The children, aged 5 to 6 and 7 to 8 years, were asked to comment on what police officers do when they go to work, what direct and indirect experiences they have had with the police, and the positive and negative aspects of being a police officer. The findings revealed that children emphasise the punitive role of police; very few children identified with non-punitive roles. This punitive theme was evident irrespective of the children's experiences, age, and whether they could recall television shows involving police. The practical implications of our findings for police relations with children, particularly in a forensic interview context, are discussed.