Communication in investigative and legal settings:introduction and contexts

Communication in investigative and legal settings is a vitally important area of practice and research. This chapter outlines the significant paradigm shift in interviewing practices, highlighting various studies that have been conducted that have demarked this change. We examine the role of linguistics in this paradigm shift and the importance of training across England and Wales and the Nordic countries in maintaining the professionalization of communication in forensic contexts. The authors outline the significance of maintaining international links across disciplines and summarize the details of each chapter within the book.

Exploring types and functions of questions in police interviews

There is a proliferation of categorization schemes in the scientific literature that have mostly been developed from psychologists’ understanding of the nature of linguistic interactions. This has a led to problems in defining question types used by interviewers. Based on the principle that the overarching purpose of an interview is to elicit information and that questions can function both as actions in their own right and as vehicles for other actions, a Conversational Analysis approach was used to analyse a small number of police interviews. The analysis produced a different categorization of question types and, in particular, the conversational turns fell into two functional types: (i) Topic Initiation Questions and (ii) Topic Facilitation Questions. We argue that forensic interviewing requires a switch of focus from the ‘words’ used by interviewers in question types to the ‘function’ of conversational turns within interviews.

Recall, verbatim memory and remembered narratives

Memory is central to investigative interviews with witnesses and suspects, yet decades of research have shown that remembering is subject to constructive and reconstructive processes that can adversely impact the reliability of accounts that are elicited at interview. In this chapter we first outline research concerning our memory for events (‘episodic memory’) before moving on to discuss the ways in which our attempts to validate and communicate those memories can bias what is eventually reported. We then focus on some of the implications this can have for investigative interviews, specifically the problem of ‘skill fade’ in interviewing, the impact of implicit beliefs about memory and issues surrounding the reliability of recollections of direct speech. We conclude that appropriately structuring the retrieval context is the key to achieving best memory evidence.

Communication in forensic contexts:future directions and conclusions

This chapter reviews the important areas that psychology, linguistics and law enforcement have impacted upon in terms of rigorous and collaborative scientific endeavours. Important areas that will be of interest to both researchers and practitioners for research relating to communication in forensic contexts are discussed in detail, including vulnerability, the use of intermediaries and interpreters in forensic interviews and questioning techniques.

Interviewing suspected offenders

Poor practices in interrogation and interviewing techniques, including those that the scientific literature suggests are counterproductive in eliciting reliable information, have led to many miscarriages of justice around the world, undermining the reputation and trust of the legal processes and organizations involved. This chapter provides a background and history of interrogation and interviewing, one that includes a description of current models and practices and highlights the fundamental differences in the two primary philosophies in Western countries. The chapter also explores the ultimate purpose of interviewing and interrogation together with the questioning strategies that science suggests are the most effective. It is argued throughout the chapter that modern, scientifically backed, interviewing approaches should be used at all times, no matter the challenge or situation, as a pathway towards both the collection of accurate information and diligent adherence to the standards of international human rights.

Europol and the EU’s fight against organized crime: exploring the potential of experimentalist governance

While issues relating to the development, legitimacy and accountability of the European Police Office, Europol, have been intensively discussed in political and academic circles, the actual impact of Europol on policy-making in the European Union has yet to receive scholarly attention. By investigating the evolution and the role of Europol's organized crime reports, this article elaborates on whether Europol has been able to exert an influence beyond its narrowly defined mandate. Theoretically informed by the assumptions of experimentalist governance, the article argues that the different legal systems and policing traditions of EU member states have made it difficult for the EU to agree on a common understanding on how to fight against organized crime. This lack of consensus, which has translated into a set of vague and broadly formulated framework goals and guidelines, has enabled Europol to position its Organized Crime Threat Assessments as the point of reference in the respective EU policy-making area. Europol's interest in improving its institutional standing thereby converged with the interest of different member states to use Europol as a socialization platform to broadcast their ideas and to ‘Europeanize’ their national counter-organized crime policy.