MODULE #1 Flashcards

1
Q

confession

A

an admission of guilt

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2
Q

Why are Pre-interview Preparation and Decisions important?

A

Performing these preparations will enable the investigator to elicit a greater amount of accurate information during the interview, which may be critical to the investigation.

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3
Q

Pre-interview Preparation and Decisions (6)

A
  1. Review available information
  2. Plan to conduct the interview as soon as the witness is physically and emotionally capable
  3. Select an environment that minimizes distractions while maintaining the comfort level of the witness
  4. Ensure resources are available (e.g., notepad, tape recorder, camcorder, interview room)
  5. Separate the witnesses
  6. Determine the nature of the witness’s prior law enforcement contact
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4
Q

Interviewing a witness: Review available information (2)

A
  1. may include police reports and crime scene information.
  2. It is important for the interviewer to have all information relevant to the case prior to conducting the interview so that the interview can be tailored to elicit the maximum amount of information from the witness.
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5
Q

Interviewing a witness: Plan to conduct the interview as soon as the witness is physically and emotionally capable

A

This will ensure that the information is still fresh in the witness’s memory.

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6
Q

Interviewing a witness: Select an environment that minimizes distractions while maintaining the comfort level of the witness

A

Distractions may interfere with the witness’s memory retrieval, therefore the investigator should avoid interviewing the witness in an environment where distractions are more likely to occur, such as a place of business.

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7
Q

Interviewing a witness: Ensure resources are available

A

ie. notepad, tape recorder, camcorder, interview room
Have these items ready prior to the interview to ensure the interview will not be interrupted.

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8
Q

Interviewing a witness: Separate the witnesses (2)

A
  1. Independent witness statements can be used as corroboration/ confirmation.
  2. Witnesses should not hear other witnesses’ statements because they may be influenced by that information.
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9
Q

Interviewing a witness: Determine the nature of the witness’s prior law enforcement contact (2)

A
  1. This may include an arrest record, prior victimization, warrants, or any relationship to/with law enforcement personnel.
  2. This information can help put any information obtained from the witness into context for the purpose of assessing witness credibility and/or reliability.
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10
Q

Why is Initial the (Pre-interview) Contact with the Witness important?

A

A comfortable witness provides more information, therefore investigators should ensure the witness feels comfortable and safe talking about the crime.

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11
Q

Upon meeting with the witness but prior to beginning the interview, the investigator should implement the following procedures. (2)

A
  1. Build rapport with the witness
  2. Volunteer no specific information about the suspect or case
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12
Q

Build rapport with the witness: (3)

A
  1. The development of rapport between the witness and interviewer will make the witness more comfortable during the interview process.
  2. The investigator should show sympathy, understanding and respect through flattery and gestures like offering the witness a beverage.
  3. They should try and establish an amicable relationship with the witness and make them feel at ease.
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13
Q

Volunteer no specific information about the suspect or case: (2)

A
  1. Telling witnesses facts about the suspect or case may influence their memory for the incident.
  2. The interviewer must ensure that information from the witness is based solely on the witness’s memory and not on any information gleaned from the interviewer.
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14
Q

four basic principles of interviewing cooperative witnesses

A
  1. Social dynamics between the interviewer and witness.
  2. Facilitation of the witness’s memory and thinking.
  3. Communication between the interviewer and witness.
  4. Sequence of the interview.
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15
Q

Social dynamics between the interviewer and witness. What two goals are critical to establishing appropriate social dynamics?

A
  1. Maintain or re-establish rapport with the witness
  2. Active generation of information - Encourage the witness to actively and voluntarily report information, rather than passively respond to the interviewer’s questions
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16
Q

Facilitation of the witness’s memory and thinking. (2)

A
  1. Information about the incident is stored in the witness’s mind.
  2. For the witness to remember these events, they must concentrate and search through memory efficiently.
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17
Q

Communication between the interviewer and witness. (2)

A
  1. The interviewer has investigative needs to solve the crime and the witness possesses relevant knowledge about the details of the crime.
  2. Both individuals need to communicate this information.
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18
Q

Sequence of the interview. (6)

A
  1. To be effective in obtaining the maximum amount of information from a witness, the interview should be conducted in stages.
  2. The structure of the interview is first designed to relax the witness and gain their trust.
  3. The interview should continue with general instructions provided by the interviewer, followed by the witness’s narrative, and then relevant, probing questions by the interviewer.
  4. Ideally, information should be gathered using primarily open-ended questions.
  5. More specific, closed-ended questions should be used only when the witness fails to provide a clear or complete response.
  6. The interview is then closed, leaving lines of communication open between the interviewer and witness.
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19
Q

Establishing rapport with the witness (3)

A
  1. When seeking to obtain information of a personal or intimate nature from a witness, establishing a personal relationship with the witness gains their trust.
  2. Rapport development will help the witness to feel more comfortable conveying personal information.
  3. It can be accomplished by personalizing the interview and by developing and communicating empathy.
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20
Q

some specific things that the investigator can do to build rapport: (3)

A
  1. Show understanding and concern:
  2. Personalize the interview.
  3. Listen actively.
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21
Q

Show understanding and concern:

A

This can be accomplished by asking about the witness’s mental and physical health (if relevant), empathizing with the witness’s situation, avoiding judgmental comments and establishing common ground with the witness.

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22
Q

Personalize the interview (2)

A
  1. The interviewer should treat the witness as an individual and not as a mere statistic.
  2. This can be accomplished by referring to the witness by name and by avoiding pre-memorized questions that sound programmed or artificial (e.g., “Is there anything you can tell me that would further assist this investigation?”).
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23
Q

Listen Actively

A

The interviewer should ask interactive questions that follow up on the witness’s previous responses, repeat witness’s concerns, lean forward, and make eye contact with the witness.

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24
Q

Active generation of information: (2)

A
  1. The witness should be encouraged to volunteer information without prompting.
  2. Because the witness, rather than the interviewer, possesses the relevant information, the witness should be mentally active during the interview and generate information, as opposed to being passive and waiting until the interviewer asks the appropriate question before answering.
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25
Q

specific things that the investigator can do to encourage active generation of information: (3)

A
  1. State expectations
  2. Ask open-ended questions
  3. Avoid interruptions
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26
Q

State expectations (2)

A
  1. This is important because witnesses may not know what to expect or may have incorrect expectations of their role in the interview.
  2. The interviewer should state explicitly that the witness is expected to volunteer information.
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27
Q

Ask open-ended questions

A

These questions allow the witness to do most of the talking during the interview and can make the witness feel more in control.

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28
Q

Avoid interruptions (2)

A
  1. Interrupting the witness during his/her answer discourages the witness from playing an active role and disrupts his/her memory.
  2. Rather than interrupt, the interviewer should make a note and follow up at a later time with any questions that arise during a witness’s narration.
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29
Q

The interviewer can promote information retrieval in several ways: (3)

A
  1. Minimize distractions.
  2. Encourage the witness to mentally recreate the incident.
  3. Tailor questions to the witness’s narrative.
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30
Q

Minimize distractions. (2)

A
  1. The interviewer should ensure that physical distractions, such as noise or the presence of other persons, are minimized.
  2. the interviewer can encourage the witness to block out any distractions by closing their eyes and concentrating on the memory.
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31
Q

Encourage the witness to mentally recreate the incident.

A

The interviewer can promote the witness’s recollection of the incident by instructing the witness to mentally recreate the circumstances surrounding the incident (e.g., think about their thoughts or feelings at the time of the incident).

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32
Q

Tailor questions to the witness’s narrative. (5)

A
  1. Because the witness is the source of information, the interviewer’s questions should be tailored to the witness’s current thoughts and narrative.
  2. For example, if the witness is talking about the perpetrator’s face, the questions should be about the face and not about other aspects of the incident, such as a license plate.
  3. The interviewer should ask an open-ended question about the current topic and then follow up with non-leading, closed-ended questions related to that topic.
  4. A closed-ended question is specific and limits the witness’s response to a few words (e.g., “What colour were his eyes?”).
  5. When asking closed-ended questions, the interviewer must ensure that the questions are non-leading. A leading question suggests an answer to the witness (e.g., “ Were his eyes brown?”).
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33
Q

The interviewer should convey their investigative needs (i.e., the types of information they are looking for) to the witness. (2)

A
  1. The investigator needs the witness to report the event in more detail than would be conveyed in normal conversation.
  2. The investigator should explain this need for detail to the witness to ensure the witness is fully aware of how to provide the description.
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34
Q

Witnesses may have a very good memory of the incident but fail to communicate this effectively. (4)

A
  1. Therefore, the interviewer should try to facilitate the witness’s conversion of memory into effective communication.
  2. This can be accomplished by encouraging nonverbal responses (e.g., drawings) to supplement their verbal descriptions as appropriate.
  3. The interviewer should also encourage the witness to report all information and to not edit their thoughts.
  4. However, the witness should be cautioned not to guess simply to please the interviewer. If they are not sure, they can respond with “I don’t know.”
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35
Q

Witness Interview Sequence (9)

A
  1. Attempt to minimize the witness’s anxiety
  2. Establish and maintain rapport
  3. Encourage the witness to take an active role in the interview
  4. Ask the witness to mentally recreate the circumstances of the incident.
  5. Request a free narrative description of the incident.
  6. Ask follow-up questions to elicit additional information related to the witness’s narration.
  7. Review your notes and other materials.
  8. Ask the witness, “Is there anything else I should have asked you?”
  9. Close the interview.
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36
Q

There are 4 different types of questions that an interviewer can ask a witness.

A
  1. Open-ended questions
  2. specific-closed questions
  3. forced-choice questions
  4. leading questions
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37
Q

Generally speaking when asking questions in an interview . . . (2)

A
  1. the questions should be as short and simple as possible.
  2. They should not contain jargon or other language which the interviewee may not understand.
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38
Q

Open-ended questions (5)

A
  1. are designed to have the witness tell the interviewer what happened in their own words.
  2. These are questions that begin with “Describe” “Tell me” or “Explain.”
  3. They are useful at the beginning of an interview as they allow for a full, unrestricted account of the crime.
  4. These types of questions produce answers which are less likely to have been influenced by the interviewer.
  5. The interviewer should avoid interrupting the interviewee when asking open questions.
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39
Q

Specific-closed questions (2)

A
  1. are questions that ask for clarification or extension of what the witness communicated in the open-ended questions.
  2. For example, “When did this happen?” These questions give the interviewer more control and allow for more information to be collected
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40
Q

Forced-choice questions (4)

A
  1. are questions that provide the witness with a limited number of alternative responses.
  2. For example, “Was the car dark red or light red?”
  3. There are some problems with this sort of question. The witness might guess between the alternatives if they are uncertain and the answer might not have been included.
  4. Returning to our earlier example, the car might have been a dark orange and not red at all.
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41
Q

Leading questions (3)

A
  1. questions that imply the answer or assume information not revealed by the witness in the interview.
  2. For example, if a witness to a car accident has not yet said what colour the car was, a leading question would be “How fast was the red car going when it hit the other car?”
  3. These types of questions can distort the interviewee’s memory.
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42
Q

Common-Law Rules on Voluntariness (2)

A
  1. In order for an incriminating statement to be allowed into trial as evidence, the crown has to prove that the suspect’s statement was made voluntarily.
  2. That is, they need to prove that the statement was not made because of a fear of prejudice or hope of advantage, that the statement was made with an operating mind, that the statement was not made in an atmosphere of oppression and that the statement was not obtained through the use of police trickery that would shock the community.
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43
Q

Fear of prejudice or hope of advantage (2)

A
  1. Fear of prejudice” would arise from, for example, threats of mistreatment, threats of denial of interim release, and threats of denial of rights to see loved ones. Such threats may sometimes be explicit but more commonly are implicit.
  2. “Hope of advantage” would stem from such things as offers of counselling if the suspect confesses, offers of leniency with respect to a loved one of the accused, and offers of leniency from the courts.
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44
Q

operating mind (2)

A
  1. Incriminating statements must be made while the person has an operating mind.
  2. An operating mind “does not imply a higher degree of awareness than knowledge of what the accused is saying and that he is saying it to police officers who can use it to his detriment”.
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45
Q

atmosphere of oppression

A

if there were external pressures that made the statement involuntary (e.g., length of interrogation, location of interrogation, denial of food, water, or medical services) - they will likely be found to be inadmissible.

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46
Q

police trickery (2)

A
  1. police trickery that is so “appalling as to shock the community”
  2. such as pretending to be a chaplain or legal aid lawyer or pretending to turn off a tape recorder when taking a statement.
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47
Q

Summarize the legal rights of individuals with respect to interactions with police. (2)

A
  1. s. 10 (b) - “Everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.”
  2. In R. v. Hebert (1990), the Supreme Court of Canada held that a detained person’s right to remain silent is a principle of fundamental justice and as such is protected under s. 7 of the Charter.
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48
Q

Describe interrogation techniques used by police.

A
  1. Reid Technique
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49
Q

Describe the types of false confessions (3)

A
  1. Voluntary false confessions
  2. coerced-compliant false confession
  3. coerced-internalized false confession
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50
Q

Describe the ways in which the number of false confessions can be reduced. (5)

A
  1. mandatory video recording of interrogations
  2. To avoid contaminating a confession with facts provided to the suspect, recommend that investigators evaluate the suspect’s post-admission narrative to determine the extent to which the details provided in the statement are consistent with known facts in the case.
  3. Investigators should not provide a suspect with details of the crime during the course of an interrogation (including evidentiary materials, crime scene photographs, or visits to the crime scene).
  4. Use of the PEACE model where Interviewers are instructed to keep an open mind about the innocence or guilt of the suspect and to treat all suspects fairly. Vulnerable suspects are to be treated with special consideration.
  5. is to allow expert testimony in court that explains current research on false confessions.
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51
Q

situational risk factors

A

involve the particular techniques used to extract the confession, the time of day the interrogation was conducted, or the length of the interrogation.

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52
Q

Two factors that can contribute to a false confession

A
  1. personal risk factors
  2. situational risk factors
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53
Q

personal risk factors (3)

A
  1. Some individuals are more compliant or suggestible and thus are more susceptible to respond to interrogative coercion.
  2. For example, younger suspects, particularly adolescents, or individuals with mental health problems may be more vulnerable to interrogation tactics.
  3. Low intelligence, drug or alcohol use, and stress are other personal risk factors that may increase the likelihood of a false confession.
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54
Q

fundamental attribution error (2)

A
  1. the tendency to overemphasize dispositional or personality-based explanations for an individual’s behaviour while minimizing situational or external causes
  2. When applied to confession evidence, this suggests that jurors would interpret a confession as a reflection of the actual guilt of a defendant and discount the possibility that external causes, such as coercion, led an individual to falsely confess.
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55
Q

Two sources of law that affect police interactions with suspects and the use of incriminating evidence are:

A
  1. Canadian Charter of Rights & Freedoms
  2. the Common Law rule on voluntariness
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56
Q

In R. v. Singh, 2007 what are important differences between the
Charter and CL? (2)

A
  1. Under any alleged Charter violation, the party asserting the violation (usually the accused when the issue is incriminating statements) must prove a violation on a balance of probabilities. under 24(2) of the Charter, the court may admit the evidence notwithstanding the infringement if admission of the statement would not bring the administration of justice into disrepute.
  2. At CL, the Crown must prove voluntariness beyond a reasonable doubt. If an incriminating statement is found not to have been voluntary, it must be excluded from evidence at trial.
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57
Q

The Charter and the CL vary with respect to: (4)

A

(a) the objective of the law,
(b) the side that bears the burden of proof,
(c) the standard of proof, and
(d) the consequence of finding a breach.

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58
Q

Two sections of the Charter that are most likely to be invoked to exclude disputed incriminating statements

A

s. 10(b) & s. 7

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59
Q

What does “detained” mean?

A
  1. If individuals reasonably believe that they have no choice but to remain in the custody of the police officer, they are detained-even if they are, in fact, free to go
  2. (R. v. Therens, 1985).
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60
Q

why do so many suspects waive their rights? (5)

A
  1. the fact that detectives deemphasize arrest rights warnings,
  2. innocent suspects want to show they have nothing to hide,
  3. guilty suspects don’t want to appear uncooperative.
  4. that interrogation is inherently a stressful and risky situation, exercising the right to silence would make a good deal of sense as an avoidance response.
  5. many suspects may not fully appreciate they are waiving their rights.
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61
Q

Grisso (1981) conceptualizes appreciation of the significance
of rights to include three main parts:

A
  1. Suspects must recognize the interrogative nature of police questioning.
  2. Suspects must perceive defence attorneys as their advocates and be willing to disclose confidential information to them (this is appreciation of the right to counsel).
  3. Suspects must perceive the right to silence as a right that cannot be revoked, and must perceive that statements made by suspects can be used in court (appreciation of the right to silence).
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62
Q

Reid Technique

A

a method for interrogating suspects and assessing their credibility, using a nine-step process for eliciting a confession

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63
Q

the strategies used by interrogators following the Reid Technique fall into two general categories

A
  1. Maximization
  2. minimization
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64
Q

maximization (3)

A
  1. an interrogation technique in which an interrogator uses “scare tactics” designed to intimidate a suspect into a confession
  2. is achieved by emphasizing or even overstating the seriousness of the offence and the magnitude of the charges.
  3. might also make false or exaggerated claims about the evidence (e.g., by staging an eyewitness identification or a rigged lie-detector test, by claiming to have fingerprints or other types of forensic evidence, or by citing admissions that were supposedly made by an accomplice).
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65
Q

minimization

A

interrogator gives a suspect a false sense of security by offering face-saving excuses or moral justification, blaming a victim or accomplice, or playing down the seriousness of the charges

66
Q

Strategic Use of Evidence technique (SUE)

(3)

A
  1. Based on social cognitive theories of self-regulatory behavior, SUE posits that there are differences in how liars and truth tellers respond to interview questions.
  2. suggests that guilty suspects are more likely to make statements that contradict known facts, particularly when evidence is withheld from the suspect.
  3. also evidence which shows that requiring suspects to report their stories in reverse order can improve the ability of interrogators to detect deception.
67
Q

investigative bias

A

occurs when an investigator assumes a suspect is guilty and conducts an interrogation with the goal of obtaining a confession to confirm this assumption of guilt

68
Q

Police Use of Coercive Interrogation Tactics (10)

A
  1. Isolate suspects from family and friends
  2. Conduct interrogations in a small, private room
  3. Identify contradictions in suspects’ stories
  4. Establish rapport and gain the trust of suspects
  5. Confront suspects with evidence of their guilt
  6. Appeal to the suspects’ self-interest
  7. Offer suspects sympathy, moral justifications, and excuses
  8. Interrupt denials and objections from suspects
  9. Imply or pretend to have independent evidence of guilt
  10. Minimize the moral significance of the crime
69
Q

PEACE

A

Preparation and Planning,
Engage
Explain,
Account,
Closure, and
Evaluation

70
Q

key component of PEACE

A

that it does not attempt to persuade a non-compliant suspect to confess, even if the interviewer thinks the suspect is guilty.

71
Q

three benefits of PEACE Model

A
  1. it does not rely on coercive or manipulative strategies;
  2. it results in the same percentage of suspect interviews that end in a confession (about 50 percent) as the Reid Technique;
  3. it uses a cognitive interview, an empirically based approach that has been shown to enhance the recall of correct details.
72
Q

False confessions

A

occur when individuals confess to a crime they did not commit
or exaggerate involvement in a crime they did commit

73
Q

factors can contribute to a false confession during a police interrogation. (10)

A
  1. duress
  2. coercion
  3. intoxication
  4. diminished capacity
  5. mental impairment
  6. ignorance of the law
  7. fear of violence
  8. the actual infliction of harm
  9. the threat of a harsh sentence
  10. misunderstanding the situation
74
Q

Some false confessions can be explained by the mental state of the confessor: (3)

A
  1. Confessions obtained from juveniles are often unreliable. Children can be easily manipulated and are not always fully aware of their situation. Children and adults both are often convinced that they can “go home” as soon as they admit guilt.
  2. People with mental disabilities have often falsely confessed because they are tempted to accommodate and agree with authority figures. Further, many law enforcement interrogators are not given any special training on questioning suspects with mental disabilities.
    An impaired mental state due to mental illness, drugs, or alcohol may also elicit false admissions of guilt.
  3. Mentally capable adults also give false confessions due to a variety of factors like the length of interrogation, exhaustion, or a belief that they will be released after confessing and will be able to prove their innocence later.
75
Q

Voluntary false confessions (3)

A
  1. occurs when an innocent person confesses without being prompted by the police
  2. The motivation for this type of false confession may be to gain fame or notoriety.
  3. desire to protect friends or relatives is another motivation for a voluntary false confession.
76
Q

coerced-compliant false confession (2)

A
  1. occurs when suspects who wish to escape from the stress
    of the interrogation, avoid a threat of harm or punishment, or gain a promised or implied reward confess to a crime they did not commit
  2. Compliance is a factor in coerced-compliant false confessions
77
Q

coerced-internalized false confession (2)

A
  1. occurs when innocent suspects who are coerced, tired, and highly suggestible actually come to believe that they committed the crime, and confess
  2. suggestibility is related to coerced-internalized confessions.
78
Q

Two psychological constructs are important in understanding false confessions.

A
  1. Compliance
  2. suspect’s suggestibility
79
Q

compliance

A
  1. the tendency to go along with people in authority.
  2. Compliant suspects will confess to crimes, even ones they didn’t commit, in an effort to please an interrogator or avoid conflict or confrontation.
80
Q

suspect’s suggestibility (2)

A
  1. which is the tendency to internalize information communicated during questioning.
  2. might confess to crimes because they have come to believe or internalize information communicated during the interrogation process.
81
Q

mandatory video recording of interrogations (2)

A
  1. has been shown to decrease the number of false confessions and increase the reliability of confessions as evidence.
  2. Recording allows a later assessment of the accuracy of a confession.
82
Q

If you are arrested or detained, you must be: (4)

A
  1. told why you have been arrested or detained,
  2. told immediately that you have the right to a lawyer,
  3. told about Legal Aid and your right to free legal advice, and
  4. allowed to speak to a lawyer, in private, as soon as possible, if you ask to do so.
83
Q

Steps in the REID Technique (9)

A

The initial confrontation

Theme development

Handling denials

Overcoming objections

Procurement of the subject’s attention

Handling the subject’s passive mood

Presenting an alternative question

Developing the details of the admission

Converting the verbal confession to a written or recorded document

84
Q

In the PEACE model how must Every interview be prepared? (2)

A
  1. with the needs of the investigation in mind.
  2. How the material is obtained during interview helps to establish the accuracy of the matter under investigation and should be considered carefully.
85
Q

PEACE MODEL - Planning & Preparation (Phase 1)

(3)

A
  1. one of the most important phases in effective interviewing. The success of the interview and, consequently, the investigation could depend on proper planning and preparation.
  2. The investigator should have a planning session that takes account of all the available information and identifies the key issues and objectives. This is essential even if they choose to interview a suspect at the early stages of the investigation.
  3. Interviewers should:
    - create and record the interview plan
    - think about relevant characteristics of the interviewee
    - consider practical arrangements
    - make a written interview plan
86
Q

In the Engage & Explain phase of the PEACE model explain Routines and Expectations (5)

A
  1. Investigator should explain to the interviewee that if they nod or shake their head the interviewer will state that they have done so.
  2. It should also be explained that notes will be taken during the interview.
  3. It may be useful to inform the interviewee that although the police wish to establish certain facts and issues, it is the interviewee’s opportunity to explain their involvement or non-involvement in the incident under investigation.
  4. Investigators should encourage the interviewee to voice anything which they feel is relevant, explaining that there is no time limit for the interview and that as much detail as possible is required, encouraging the interviewee to voice anything which they feel is relevant.
  5. The interviewee should be reassured that they will not be interrupted. It may be appropriate to ask the interviewee to consider fully any question they are being asked before they answer.
87
Q

PEACE MODEL - Engage & Explain (4)

A
  1. The first step to encouraging conversation is to engage the interviewee.
  2. This is not always easy, especially if the person is previously unknown to the police.
  3. Active listening assists the interviewer to establish and maintain a rapport. This then enables them to:
    - identify topics during the interview and, therefore, manage the conversation
    - communicate interest to the interviewee in their account
    - identify important evidential information.
    - The reason for the interview should also be clearly explained, e.g., the interviewer may say:

‘You are here because you have been arrested for (offence)’ or
‘You are here because you witnessed (offence/incident).’
4. The interviewer should then check the interviewee has understood the explanation.

88
Q

PEACE MODEL - Account Clarification & Challenge (4)

A
  1. Obtaining an account consists of both initiating and supporting.
  2. In volume and priority crime investigations the most common way of initiating an account is simply to use an open-ended prompt, such as, ‘tell me what happened’.
  3. Support an account with active listening. This includes:
    - non-verbal behaviour such as adopting an appropriate posture and orientation towards the interviewee
    - allowing the interviewee to pause so that they can search their memory, without interrupting
    - encouraging the interviewee to continue reporting their account until it is complete by using simple utterances such as ‘mm mm’ and prompts, e.g., ‘What happened next?’ or questions that reflect what the interviewee has said, such as, ‘He hit you?’.
  4. Clarify and expand the interviewee’s account by:
    - breaking the account down into manageable topics
    - systematically probing those topics by means of open-ended and specific-closed questions until as full a picture as possible of the interviewee’s account has been obtained
    - examining any information identified during the planning phase that has not already been covered.
89
Q

PEACE MODEL - Closure

A
  1. This should be planned and structured so that the interview does not end abruptly.
  2. Where there are two interviewers, the lead interviewer should check that the second interviewer has no further questions before closing the interview.
  3. The interviewer should accurately summarize what the interviewee has said, taking account of any clarification that the interviewee wishes to make.
  4. Any questions the interviewee asks should be dealt with.
  5. The interviewer should then bring the interview to a conclusion by preparing a witness statement if appropriate or, where the interviewee is a suspect, by announcing the date and time before turning the recording equipment off.
  6. They should then explain to the interviewee what will happen next.
90
Q

PEACE MODEL - Evaluation (4)

A
  1. Following an interview, the interviewer needs to evaluate what has been said with a view to:
  2. determining whether any further action is necessary
  3. determining how the interviewee’s account fits in with the rest of the investigation
  4. reflecting on the interviewer’s performance.
91
Q

PEACE Model: Interviewee Characteristics (7)

A
  1. Individual characteristics should be taken into account when planning and preparing for an interview. Although not an exhaustive list, these may include:
  2. age – knowing the interviewee’s age helps to determine the best time to undertake the interview and whether an appropriate adult/interview supporter is required
  3. cultural background – this can affect the way a person prefers to be addressed, and may also indicate the need for an interpreter
  4. religion or belief – e.g., interviewers may need to take prayer requirements into account
  5. domestic circumstances – this can help to identify other people who may be useful to the investigation, e.g., family, associates or neighbours
  6. physical and mental health – knowledge of an existing medical condition and ensuring that appropriate facilities are used
    disability
  7. previous contact with the police – this helps to determine factors such as the interviewee’s reaction, and the interviewer’s safety
  8. gender – in certain types of crime, e.g., sexual offences or domestic violence, it is important to consider the gender of the interviewee. Potentially sensitive issues such as an interviewee’s sexual orientation or gender assignment should be approached tactfully, if these matters become relevant to the interview.
92
Q

PEACE Model: Practical arrangements

(2)

A
  1. The interviewer may need to consider a number of activities and practical considerations which may help them to understand the circumstances of the offence, and to achieve the best interview from the interviewee.
  2. These include:
    - visiting the scene
    - searching relevant premises
    - location of the interview
    - role of interviewers
    - exhibits and property
93
Q

PEACE model: Written Interview Plan (3)

A
  1. The interview plan summarises the aim(s) of an interview and provides framework for questioning.
  2. It can increase the confidence of the interviewer and provide the flexibility to conduct a professional and effective interview.
  3. A written interview plan should be used for key witnesses, as well as suspects. It should include:
    - the time a suspect has been in custody
    - the range of topics to be covered around identified time parameters (this may vary depending on whether it is a witness or suspect interview)
    - the points necessary to prove the potential offence(s) under investigation
    - any points which may be a defence for committing the offence(s) under investigation
    - introduction of exhibits
    - material which suggests the suspect may have committed the offence
    - planning for a prepared statement, special warnings, adverse inference, significant comments or silences.
94
Q

Explain why Suggestibility is different from compliance.

A

A suspect who confesses due to compliance knows they did not commit the crime. A suspect who confesses because of suggestibility actually believes they did commit the crime.

95
Q

In Gudjonsson’s Suggestibility Scales, the two personal characteristics assessed are:

A

compliance and suggestibility

96
Q

Polygraph (2)

A
  1. A device for recording an individual’s autonomic nervous
    responses.
  2. used to measure a person’s physiological responses to questions asked by an examiner.
97
Q

What is measured on a polygraph? (4)

A

1) Measurement devices are attached to the upper chest and abdomen to measure breathing.
2) The amount of sweat on the skin is measured by attaching electrodes to the fingertips.
3) Sweat changes the conductance of the skin, which is known as the skin conductance response.
4) Heart rate is measured by a partially inflated blood pressure cuff attached to an arm.

98
Q

Polygraph disclosure tests

A

are used to uncover information about an offender’s past behaviour

99
Q

What are some uses of polygraph? (5)

A
  1. police often use them to help in their criminal investigations. The police may ask a suspect to take a polygraph test as a means to resolve the case. If the suspect fails the polygraph test, that person may be pressured to confess, thereby giving the police incriminating evidence.
  2. police may ask alleged victims of crimes to take a polygraph test to help verify whether a crime has occurred.
  3. Insurance companies may request a polygraph test to verify the claims of the insured.
  4. used in the United States to assess and monitor sexual offenders on probation.
  5. have been used to determine whether the offender is violating the conditions of probation or to test for evidence of risky behaviour, such as sexual fantasies about children.
100
Q

Types of Polygraph Tests (2)

A
  1. The Comparison Question Test
  2. The Concealed Information Test
101
Q

The Comparison Question Test (3)

A
  1. most commonly used test to investigate criminal acts.
  2. includes a pretest interview, followed by a series of questions administered while the suspect’s physiological responses are measured (usually three separate question sequences are asked).
  3. polygraph examiner then scores the charts and ends the CQT with a post-test interview in which the test results are discussed.
102
Q

The Concealed Information Test (4)

A
  1. does not assess deception but instead seeks to determine
    whether the suspect knows details about a crime that only the person who committed the crime would know.
  2. is a series of questions in multiple-choice format.
  3. Each question has one correct option (often called the critical option) and four options that are foils-alternatives that could fit the crime but that are incorrect.
  4. The guilty suspect is assumed to display a larger physiological response to the correct option than to the incorrect options. An innocent person, conversely, who does not know the details of the crime, will show the same physiological response to all options.
103
Q

What is a critical component of the CQT polygraph test?

A

The pretest interview

104
Q

CQT: Pretest interview (4)

A
  1. the polygraph examiner develops the comparison questions, learns about the background of the suspect, and attempts to convince the suspect of the accuracy of the polygraph test.
  2. Conducts a stimulation test. For example, the suspect will pick a card with a number on it from a deck of cards, and the examiner will determine the number by examining the polygraph chart. The deck of cards is rigged so the examiner knows which card the suspect picked.
  3. examiner then asks ten questions to be answered with either “yes” or “no.”
  4. Three types of questions are asked.
    - Irrelevant questions, referring to the respondent’s identity or personal background, are included as a baseline but are not scored.
    - Relevant questions deal with the crime being investigated
    - Probable-lie comparison questions (also known as control questions) are designed to be emotionally arousing for all respondents and typically focus on the person’s honesty and past history prior to the event being investigated
105
Q

Examples of Irrelevant question (4)

A

Do you understand that I will be asking only questions we have discussed before?
Do you live in Canada?
Is your first name Craig?
Were you born in November?

106
Q

Examples of comparison questions (3)

A

Between the ages of 18 and 28, did you ever deliberately plan to physically hurt someone?
Prior to 2010, did you ever verbally threaten to hurt anyone?
During the first 28 years of your life, did you ever do anything illegal?

107
Q

Examples of relevant questions (3)

A

Did you stab Johnny Blackstone on the night of March 10?
Did you use a knife to stab Johnny?
On March 10, did you participate, in any way, in the stabbing of Johnny Blackstone?

108
Q

3 possible outcomes of the polygraph test

A
  1. truthful
  2. deceptive
  3. inconclusive
109
Q

Underlying the CIT

A

is the principle that people will react more strongly to information they recognize as distinctive or important than to unimportant information.

110
Q

The most common physiological response measured when administering the CIT

A

Palmar sweating

111
Q

Ground truth

A

the knowledge of whether the person is actually guilty or innocent

112
Q

The largest problem with field studies

A

is establishing ground truth

113
Q

What two additional ways of establishing ground truth were developed?

A
  1. judicial outcomes
  2. confessions
114
Q

countermeasures

A

techniques used to try to conceal guilt

115
Q

Is it possible to use countermeasures to beat the polygraph?

A

Honts, Raskin, and Kircher ( 1994) showed that 30 minutes
of instruction on the rationale underlying the CQT was sufficient for community volunteers to learn how to escape detection in a mock-crime study.

116
Q

Examples of countermeasures

A

biting tongue
counting backward by 7 from a number greater than 200

117
Q

Event-related brain potentials

A

Brain activity measured by placing electrodes on the scalp and by recording electrical patterns related to presentation of a stimulus

118
Q

The most common method of deception detection

A

is through the analysis of verbal characteristics and nonverbal behaviours.

119
Q

microexpressions

A

are brief facial expressions reflecting the true emotions the person is experiencing

120
Q

Examples of verbal characteristics of deception (5)

A
  1. Speech fillers (frequency of saying “ah” or “umm”)
  2. Speech errors (word sentence repetition, sentence change, incompletion, or slips of the tongue)
  3. Pitch of voice (changes in pitch)
  4. Rate of speech (number of words spoken in a specific time period)
  5. Speech pauses (length of silence between question asked and answer given; number of noticeable pauses in speech)
121
Q

Examples of nonverbal characteristics of deception (11)

A
  1. Gaze aversion (avoiding looking at the face of the interviewer)
  2. Smiling (frequency of smiles or laughs)
  3. Blinking (frequency of blinks)
  4. Fidgeting (scratching head, playing with jewellery)
  5. Illustrators (gestures to modify or supplement what is being said)
  6. Hand or finger movements
  7. Leg or foot movements
  8. Body movements
  9. Shrugs
  10. Head movements (nodding or shaking head)
  11. Shifting positions
122
Q

truth bias

A

The tendency of people to judge more messages as truthful than deceptive

123
Q

poor performance in deception detection has been explained in three ways

A
  1. people tend to rely on behaviours that lack predictive validity. The most common stereotype about liars is that they avoid eye contact. Police officers share belief in these stereotypes: They believe that two cues indicative of deceit are eye gaze and fidgeting. Unfortunately, these two cues have not been found to be related to deception.
  2. Most people have a truth-bias.
  3. There are only small differences between truth-tellers and liars. With so few cues to rely on, it is a challenging task for people to identify liars.
124
Q

One reason even professionals are not good at detecting lies is:

A

that they rely on the wrong cues.

125
Q

Disorders of Deception

A
  1. factitious disorder
  2. Munchausen syndrome by proxy
  3. malingering
  4. Defensiveness
126
Q

Deception is a central component of some psychological disorders. The disorders vary on two dimensions:

A
  1. whether the person intentionally or consciously produces the symptoms, and
    (2) whether the motivation is internal or external.
127
Q

factitious disorder (2)

A
  1. A disorder in which the person’s physical and psychological symptoms are intentionally produced and are adopted for no external rewards.
  2. might be aware they are intentionally producing the symptoms, but they may lack insight into the underlying psychological motivation.
128
Q

Munchausen syndrome by proxy (2)

A
  1. A rare factitious disorder in which a person intentionally produces an illness in his or her child.
  2. The goal is for the parent to get the attention and sympathy of others
129
Q

two key components to malingering

A

( 1) the psychological or physical symptoms are clearly under voluntary control and
(2) there are external motivations for the production of symptoms.

130
Q

Malingering

A

Intentionally faking psychological or physical symptoms for some type of external gain

131
Q

People typically malinger mental illness for one of the following
external motivations: (5)

A
  1. A criminal may attempt to avoid punishment by pretending to be unfit to stand trial, to have a mental illness at the time of a criminal act, or to have an acute mental illness to avoid being executed.
  2. Prisoners or patients may seek drugs, or prisoners may want to be transferred to a psychiatric facility to do easier time or escape.
  3. may seek to avoid conscription to the military or to avoid certain military duties.
  4. may seek financial gain from disability claims, workers’ compensation, or damages from alleged injury.
  5. seek admission to a hospital to obtain free room and board.
132
Q

Defensiveness (2)

A
  1. Conscious denial or extreme minimization of physical or psychological symptoms
  2. Patients or offenders of this sort seek to present themselves in a favourable light.
133
Q

Defensiveness (2)

A
  1. Conscious denial or extreme minimization of physical or psychological symptoms
  2. Patients or offenders of this sort seek to present themselves in a favourable light.
134
Q

Based on motivations, Rogers (1990) described what three explanatory models of malingering:

A
  1. pathogenic,
  2. criminological, and
  3. adaptational
135
Q

pathogenic model (3)

A
  1. assumes that people are motivated to malinger because of an underlying mental disorder.
  2. the patient attempts to gain control over his or her pathology by creating bogus symptoms.
  3. Over time, these patients experience more severe mental disorders and the true symptoms emerge
136
Q

criminological model

A

focuses on “badness”: “a bad person (Antisocial Personality
Disorder), in bad circumstances (legal difficulties), who is performing badly (uncooperative)”

137
Q

malingering should be strongly suspected if any combination of the following is noted: (4)

A

( 1) Medicolegal context of presentation
(2) Marked discrepancy between the individual’s claimed stress or disability and objective findings and observations
(3) Lack of cooperation during diagnostic evaluation and in complying with prescribed treatment regimen and
(4) The presence of antisocial personality disorder

138
Q

adaptational model (3)

A

malingering is likely to occur when
( 1 ) there is a perceived adversarial context,
(2) personal stakes are very high, and
(3) no other viable alternatives are perceived. Research

139
Q

When studying malingering Research comprises three basic designs:

A

case study, simulation, and known groups.

140
Q

case studies (2)

A
  1. useful for generating a wide variety of hypotheses that can be tested by using designs with more experimental rigour.
  2. is the only way to examine rare syndromes such as MBP syndrome
141
Q

simulation design (5)

A
  1. people are told to pretend they have specific symptoms or a disorder
  2. These studies address whether measures can detect malingering in nonclinical samples.
  3. primary strength of the simulation design is its experimental rigour
  4. disadvantage is its limited generalizability to the real world.
  5. Simulation studies are often limited in their clinical usefulness because of the minimal levels of preparation and level of motivation by participants.
142
Q

Known-groups design (4)

A
  1. involves comparing genuine patients and malingerers
    attempting to fake the disorder the patients have
  2. main strength of the known-groups design is its generalizability to real-world settings.
  3. Its chief limitation is the establishment of the criterion groups.
  4. Samples of the genuine patients likely include errors, and some of the classified malingerers may be genuine patients
143
Q

The known-groups design involves 2 stages:

A

( 1) the establishment of the criterion groups (e.g., genuine patients and malingerers) and
(2) an analysis of the similarities and differences between these criterion groups.

144
Q

What Are the Indicators of Malingered Psychosis? (7)

A
  1. Understandable motive for committing crime
  2. Presence of a partner in the crime
  3. Current crime fits pattern of previous criminal history
  4. Suspicious hallucinations
    -Continuous rather than intermittent
    -Vague or inaudible hallucinations
    - Hallucinations with no delusions
    -Inability to describe strategies to diminish voices
    - Claiming all command hallucinations are obeyed
    -Visual hallucinations in black and white
  5. Suspicious delusions
    -Abrupt onset or termination
    - Eagerness to discuss delusions
    - Conduct markedly inconsistent with delusions
    -Elaborate delusions that lack paranoid, grandiose, or religious themes
  6. Marked discrepancies in interview versus non-interview behaviour
    ~ Sudden emergence of psychotic symptoms to explain criminal act
  7. Absence of any subtle signs of psychosis
145
Q

What are some suspicious ways malingerers may act? (5)

A
  1. often tend to overact, believing the more bizarre they are, the more psychotic they will appear
  2. are often willing to discuss their symptoms when asked, whereas actual patients with schizophrenia are often reluctant to discuss their symptoms.
  3. Some malingerers may attempt to control the assessment by behaving in an intimidating manner or by accusing the clinician of not believing them.
  4. often report rare or atypical symptoms, blatant symptoms, or absurd symptoms that are usually not endorsed by genuine patients
  5. are more likely to, report positive symptoms of schizophrenia, such as delusions (a false belief that is persistently held) or hallucinations (a perceptual experience in absence of external stimulation), as compared with negative or subtle symptoms of schizophrenia, such as blunted affect, concreteness, or peculiar thinking
146
Q

Assessment Methods to Detect Malingered Psychosis (2)

A

Interview-Based Method
Self-Report Questionnaire

147
Q

Interview-Based Method (2)

A
  1. The Structured Interview of Reported Symptoms (SIRS) consists of 172 items that are scored from a structured interview.
  2. The items are organized into eight scales that represent different strategies that a person might employ when malingering.
148
Q

Eight scales of The Structured Interview of Reported Symptoms

A
  1. Rare symptoms: symptoms that true patients endorse very infrequently
  2. Symptom combinations: uncommon pairings of symptoms
  3. Improbable or absurd symptoms: symptoms unlikely to be true, since true patients rarely endorsed them
  4. Blatant symptoms: items that are obvious signs of mental disorder
  5. Subtle symptoms: items that contain what most people consider everyday problems
  6. Selectivity of symptoms: ratio of symptoms endorsed versus those not endorsed
  7. Severity of symptoms: number of severe symptoms reported
  8. Reported versus observed symptoms: discrepancy between self-report and observable symptoms
149
Q

Only explanatory model of malingering that has received empirical support

A

adaptational model

150
Q

Most common method of malingering research

A

simulation design

151
Q

There are 2 main types of lies

A
  1. Low-stakes/white lies
  2. High-stakes lies
152
Q

Low-stakes/ White lies

A

A harmless or trivial lie, especially one told to avoid hurting someone’s feelings; the consequences would be minor if the lie was exposed

153
Q

High-stakes lies

A

A serious lie; the consequences would be severe if the lie was exposed

154
Q

There are 3 main reasons for why people lie:

A
  1. For the benefit of others: these are lies that are told so that they won’t hurt another person’s feelings
  2. To gain advantage or to avoid costs: these lies enable the liar to improve their situation or avoid punishment
  3. For materialistic or psychological reasons: these are lies that are told to gain money or prestige or to gain a psychological edge
155
Q

Emotional Expressions can be: (4)

A
  1. Genuine: the emotion that we feel matches the emotion on our face
  2. Simulated: we “fake” an emotional expression on our face in the absence of that emotion
  3. Masked: we pretend to feel a different emotion than we truly feel
  4. Neutralized: we inhibit our true emotion and appear to be feeling no emotion at all
156
Q

inhibition hypothesis

A

The idea that people’s true emotions will look different from disingenuous emotions. Ekman believes that people’s actual emotions appear briefly before they are able to mask or neutralize them.

157
Q

emotional leakage

A

when a person’s true emotion leaks out behind the mask.

158
Q

Cognitive load theory (6)

A
  1. suggests that telling a lie takes more mental resources than telling the truth.
  2. The liar needs to construct a plausible lie, remember the exact details of the lie when answering questions and be sure not to tell investigators anything that contradicts the evidence they have already collected.
  3. They also want to appear to be telling the truth, so they have to pay close attention to their demeanor while being interviewed.
  4. This “mental juggling” is likely to be taxing to the liar.
  5. Research suggests that the cognitive load associated with telling a lie takes a toll on the liar.
  6. They need more time to mentally check their story, so their processing speed is delayed.
159
Q

Confidence versus Accuracy (3)

A
  1. accuracy was unrelated to confidence
  2. Porter, Woodworth and Birt (2000) found that confidence increased as professional lie detectors’ experience increased.
  3. Thus, police officers are at risk of being overconfident in their ability to detect when a person is lying and the longer they have worked as a police officer the higher their risk of overconfidence.
160
Q

false negative

A

a liar is incorrectly judged to be truthful

161
Q

false positive

A

a truthful person is incorrectly judged to be lying.

162
Q

What is the relationship between confidence and accuracy in lie detection?

A

confidence and accuracy are sometimes linked