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.

Confesser un homicide : le rôle de l’enquêteur et de la preuve

Les chercheurs s’étant penchés sur les facteurs influençant la décision du suspect de confesser son crime ont mis en évidence que deux facteurs sont principalement influents : la force de la preuve (Des Lauriers-Varin et St-Yves, 2006; Moston et al., 1992) et la conduite de l’enquêteur (Holmberg et Christianson, 2002; Kebell et al., 2005). Par contre, les contradictions entre ces études ont apporté davantage de confusion que de réponses à la pratique. Cette étude vise donc à explorer l’incidence de ces deux facteurs sur l’inclination du suspect à confesser son crime et les possibles interactions entre eux. Pour ce faire, 50 enregistrements vidéo d’interrogatoires d’homicide furent visionnés et les données furent soumises à des analyses statistiques et qualitatives. Les résultats d’une régression logistique démontrent que la conduite de l’enquêteur est le facteur prédominant pour prédire l’obtention d’aveux du suspect en contrôlant pour l’effet des variables statiques et de la preuve. Également, les résultats mettent en évidence qu’en augmentant les attitudes et comportements associés à une conduite « positive », l’enquêteur augmentait les probabilités d’aveux du suspect. De plus, les résultats indiquent que l’augmentation du nombre d’éléments de preuves est associée à une plus grande démonstration de « rapport de force » de la part de l’enquêteur. Les résultats sont discutés en relation à l’effet des principaux facteurs sur les schémas et dynamiques prenant place entre l’enquêteur et le suspect.

Individual factors associated with investigative interviewers' use of non-leading open-ended questions

This thesis represents one of the first research papers to examine individual factors and their association with best-practice investigative interviewing. Findings indicate that adherence to open-ended questioning (arguably one of the most important skills in child abuse interviewing) is largely the by-product of good training rather than personal attributes or job experience per se. maximising interviewer performance is crucial if the quality of evidence obtained from child witnesses is to improve on a global level.

Rape protocol and child interview techniques : a basic guide for professionals who deal with adult and child victims of sexual abuse.

Jointly funded by ILEC Grant no. 2437 & 2915 and the Chicago Community Trust.

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.

Police officers' questioning of children about repeated abuse

This thesis examined the perceptions of police and legal professionals regarding how police officers should and do interview children about repeated abuse. It also examined the actual performance of police interviewers in mock and field interviews to understand the reason for interviewer's difficulties and how interview strategy can be improved. The portfolio examines and discusses the complexities associated with assessing the risk of sexual recidivism among different sex offender populations - adult sex offenders, sex offenders with an intellectual disability, adolescent sex offenders and indigenous sex offenders. Four case studies are presented.

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.

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

'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.

An analysis of police officers decisions about whether to refer cases of child abuse for prosecution

In many jurisdictions, police officers are responsible for deciding whether cases of child abuse are referred for potential prosecution. Such discretion justifies the need to scrutinise these professionals' decisions to determine if they are consistent with the scientific eyewitness memory literature. Prior research has shown that interviewer questioning is one of the most critical factors impacting the reliability of child witness statements. Hence, we asked: 'To what degree do officers' consider the quality of interviewer questions when making case authorisation decisions?'. In order to answer this question, we conducted a thematic analysis to identify issues referred to in a sample of documented police correspondence (n=33) about potential prosecution of child abuse cases. Two key themes emerged: the existence of corroborative evidence and whether the suspect denied the allegations. Questioning technique, however, was not considered. All but one decision that referred to interview process focused on the presentation of the witness, even though the witness interviews (as a whole) did not adhere to recommended best-practice guidelines. The implications of these findings 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.

Negotiating discursive positions within a police culture: critical reflections of a student researcher

I traverse a number of identity boundaries every day within a work context. This paper discusses the blurred boundary of two identities - (1) a part-time PhD student undertaking a cross-jurisdictional study of police training and education and (2) a full-time, ‘unsworn’ employee advising on education and training at a police academy. Study and work are concurrent. I describe myself as a token insider – different, partly accepted, yet tolerated, or alternatively as an outsider-insider. It is taxing to maintain an outsider’s standpoint in a police organisation. My role regularly places me in a position of challenging the dominant ideology, D/discourse (words, beliefs, thinking styles) and subcultures whilst experiencing the imposition of power by the dominant to accept the status quo. Frustration combined with a desire to name and reframe everyday experiences has led me to engage in critical reflection, enlist a critical friend, and undertake doctoral research. As an outsider- nsider, critical reflection is a tool that enables me to negotiate discursive positions by questioning my engagement and subject position within and against the taken-for-granted and unquestioned dominant D/discourses.

The question of question types in police interviews:a review of the literature from a psychological and linguistic perspective

The past two decades has seen a plethora of papers and academic research conducted on investigative interviews with victims, witnesses and suspected offenders, with a particular focus on questioning techniques and typologies. However, despite this research, there still remain significant discrepancies amongst academic researchers and practitioners over how best to describe types of questions. This article considers the available literature relating to interviews with children and adults from both a psychological and linguistic perspective. In particular, we examine how different types of questions are described, and explore the discrepancies between competing definitions. © 2010, equinox publishing.

Predatory police : the roles of ethics and networks as mediating factors

The institution the police force has been established to protect citizens and their property from harm and predatory opportunism. However, there have been occasions when the very people assigned to protect become part of the predatory force against society. Predatory policing occurs when the police use their powers to extort money in the form of bribes. While, the concept is receiving attention in Europe but there have not been any direct studies in Australia. To overcome this research deficit and determine the extent, if any, of predatory policing in Australia data is interrogated from four police corruption inquiries in the Australian states of Queensland, New South Wales, Victoria and Western Australia. In addition, it examines the role of the type of networks used by corrupt police officers. The synthesis and application of public corruption and network literatures to the predatory policing domain provides new and relevant insights to assist those responsible for the administration of our institutions of justice. The paper concludes with a framework, drawn from the first stage of the project, to assist in the conceptualisation and monitoring of this public problem.