ethical interviewing

Question 1

what is a due process?

Answer 1

criminal justice system has power in a situation yet the individual has rights which must be adhered to
- eg if someone is being interviewed before being charged

Question 2

describe issues with traditional interviewing techniques

Answer 2

• interrogation based: only objective was to obtain a confession
• threats and physical violence eg exposure to bright light/cold water
• confirmation bias: interviewers predetermined beliefs
• leading questions
• no opportunity for interviewee to provide alternate version of events

Question 3

what does PEACE stand for?

Answer 3

P - planning and preparation
E - engage and explain
A - account clarification/challene
C - closure
E - evaluate

Question 4

ethical interviewing came about in response to …

Answer 4

• concerns about standard police interviewing as it was found to be accusatory and persuasive
• provided no option for alternative events to be presented
• confession likely not correct
• confirmation bias- interviewers have predetermined believes so truth not likely to be discovered
• report by the royal commission on criminal justice (1991) concluded that many false confessions and miscarriages of justice were a result of police using unethical interview techniques

Question 5

how may standard police interviewing affect accuracy?

Answer 5

stress can affect recall

Question 6

describe ‘planning and preparation’

Answer 6

• interviewer plans how information obtained will contribute to the investigation
• plan legal requirements eg if a solicitor is needed
• prepare opening question
• plan structure, time and place
• can specify if in the morning if the suspect works late, what type of questions they will ask
• build a rapport

Question 7

describe ‘engage and explain’

Answer 7

• explain what will happen, building a form of rapport
• explain reason for interview and how the process will work
• act professionally
• ensure they understand the purpose and legal rights
• promotes informed consent, transparency and a respectful environment- reducing anxiety and encouraging cooperation

Question 8

describe ‘account’

Answer 8

• ask them to explain their account of events
• take notes on points of interest
• open, probe and summarise each point, without accusation
• identify any discrepancies or resistance
• avoid interruptions
• ‘can you tell me everything that happened that night/earlier you mentioned….’

Question 9

describe ‘closure’

Answer 9

• end after all questions asked and objectives achieved
• explain what will happen next
• planned and not abrupt
• check misunderstanding and obtain clarity
• respects the witnesses dignity and ensures transparency about the process
• interview brought to a conclusion is a calm and controlled manner- no strong emotional responses, just in case witness needs to be reinterviewed

Question 10

describe ‘evaluate’

Answer 10

• self evaluate performance
• assess the information gathered and any issues that arose
• encourages accountability and continuous improvement of ethical practices
• supervisors provide constructive feedback

Question 11

Supporting evidence

Answer 11

• Walsh and Bull supports
• investigated whether interviews using PEACE impacted on the outcome of the interview
• examined in detail 142 cases of social security benefit fraud
• generally found that good interviewing using PEACE led to better interviews
• so indicates the importance that each stage contributes to overall interview quality
• quality compared amongst others, and generally found that PEACE interviewing was associated with the securing of full accounts, including confessions