forensic hypnosis and cognitive interviewing

5-1© 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin

Forensic Hypnosis and Cognitive Interviewing

Chapter 5

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

5-2

Hypnosis vs. Cognitive Interviewing Share the same goal

To increase information remembered

Neither have been recommended for interrogation

Both require a willing interviewee



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Forensic Hypnosis An investigative memory

retrieval technique used to enhance recall in legally relevant situations



5-4

What is Hypnosis?

Hypnosis is a state of increased receptivity to suggestion characterized by an altered state of consciousness Hypnotized persons are aware

of what is going on



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Guidelines for Forensic Hypnosis Its use must be consistent with

state law Its use must be consistent with

clinical and legal safeguards of the subject

A rationale for using hypnosis must be made prior to its use



5-6

Guidelines for Forensic Hypnosis Hypnosis should be used for major

crime only after all other procedures have been exhausted Not recommended for use with

juveniles Not recommended for use with

persons having cognitive disabilities



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Phases of Forensic Hypnosis

Induction Narrative Closure Recall



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Induction The hypnotist

relaxes the suspect and tests responsivity to suggestion



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Narrative

The subject is asked to describe the event



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Closure Subject instruction and closing

end the session



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Recall After the hypnotic session

the subject is asked to recall all memories of the crime since the memory enhancement



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Challenges to Hypnotic Memory Retrieval Confabulation Faking Memory hardening and

suggestibility



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Confabulation Is a filling in of the memory gaps Is a fantasy that has

unconsciously replaced fact in memory

May be based partially on factMay be complete construction

of imagination



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Faking

Hypnosis can be faked



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Memory Hardening and Suggestibility

Gives the subject increased confidence in things remembered during hypnosis, whether true or false

Suggestions can become permanent



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Challenges to Hypnosis

In 1985, the American Medical Association recommended the use of hypnosis be limited to the investigative processes and results not be used as evidence in court. Texas and Nevada law

specifically allows hypnotically refreshed recall for use in criminal and civil cases



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Challenges to Cognitive Interviewing A court hearing on the use of

Cognitive Interviewing (in a double murder case) concluded it was a reliable investigative tool and its use in court was upheld (People v. Tuggle, 1995).



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Cognitive Method

Cognitive interviewing was devised as a police interview technique by Edward Geiselman and Ronald P. Fisher as an alternative to hypnosis



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What is the Cognitive Technique? Both specific and general

memory jogging guidance techniques were identified and combined to form the cognitive interview technique



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Memory and Communication

To be a successful interview both must occur: Details of the crime must be

brought into consciousness Then it must be communicated to

the investigator



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The Foundation of the CI Interview Use of four

mnemonics that make up the cognitive interviewing process



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The Four Mnemonics

Mentally reconstruct the context of the event

Report every detail, regardless of apparent importance

Recall the events in a variety of orders, moving back and forward in time

Change perspectives and recall from different points of view



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Mnemonics

Mnemonics are methods for remembering information that is otherwise difficult to recall, a memory tool



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Recall

The basic principle of recall through mnemonics requires the use of imagination, association, and location



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Imagination

Imagery helps an individual to remember how he or she felt at the time and their reaction to the incident



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Association

This is the method by which you link a thing to be remembered to a way of remembering it



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How to Use Association

Placing things on top of each other Wrapping them around each other Crashing things together Rotating them around each other

or having them dancing together Linking them using the same color,

smell, shape, or feeling



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Location

Involves thinking about the room where the incident occurred, the location of furniture, vehicles, weather, lighting, any nearby people, objects, or smells



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Cognitive Interview Instruction The researcher asks the

questions in the standardized way, but also asks the respondents to think aloud, highlight problems, express their opinion, make judgments on the questions, etc.



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Let the Interviewee do the Talking! Example: “You are the only person

who saw the crime. I didn’t see it, so I am depending on you to tell me what happened. Now, try to tell me everything you can about what happened.”



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Open-Ended Encourage the witness to

participate actively through the use of open ended questions. Please tell me what happened to

you Would you tell me everything that

you know about Please tell me everything that you

did this past Saturday



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Questions?

Do not interrupt to ask a question, wait until the witness has stopped talking

Let the witness be the focus of the interview



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Reconstructing

Time Year, month, day, time of day

Place Location, surroundings,

where were you in relation to houses, cars, furniture, equipment of any kind



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Reconstructing

Sensory cues Visual images, sounds, odors,

tastes, skin sensations, weather, lighting

People Physical appearances; remind you

of anyone? why? clothing; behavior; anything unusual



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Reconstructing Conversation

What was said by whom; what particular words, phrases; numbers, high-low- odd-even; names, first—letter name, speech characteristics, high or low voice

Thoughts What statements were you making

in your own head (why me, I am going to die, will I live?)



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Reconstructing Mood

Recall and reinstate feelings and mood as closely as possible to the actual event



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Reconstruction Technique

Prior to asking for the narration, recreate the circumstances associated with the event

Look for their state of mind just prior to the event and the physical environment surrounding the event



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Reconstruction Technique

You might ask the witness to describe why she was going to the bank and what were her general plans for the day

What was the weather, time of day, lighting, nearby people, etc.



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Report Everything Technique

The interviewer explains that some people hold back information because they don’t know what is important

Give the interviewee permission to recount everything



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Recall in a Different Order — Chunking Think of the event in 3-5

sections and relate them in a different order

Start from the middle and work forward or backwards



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Recall in a Different Order

Start at the end and work back Start with what is most

important to you, then go forward or backward



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Changing the Perspective

Instruct the witness to recall the incident from the perspective of others who were present

Try to put himself or herself in the role of someone else and think about what he or she must have seen



5-43

Additional Memory Jogging Techniques Physical appearance Names Numbers Speech characteristics Conversation



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Physical Appearance

Did the suspect remind you of anyone?

If you were reminded of someone, try to think of why.

Was there anything unusual about the suspect’s clothing?

Was there anything unusual about the suspect’s appearance?



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Names

If you think that a name was spoken but you cannot remember what it was, try to think of the first letter of the name by going through the alphabet

Then try to think of the number of syllables



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Numbers

Was a number involved? Was it high or low? How many digits were in the

number? Were there any letters in the

sequence?



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Speech Characteristics

Did the voice remind you of someone else’s voice?

If you were reminded of someone, try to think of why.

Was there anything unusual about the voice?



5-48

Conversation

Think about your reactions to what was said and the reactions of others

Were there any unusual words or phrases used?



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Active Listening

Show acceptance, do not criticize or admonish

Concentrate Be patient Encourage: Go on. Okay. Aha. Look at your witness, detach

your emotions



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Non-Verbal Active Listening

Nod, look curious, smile, vary eye contact, lean forward slightly, shift as they do, keep arms open and palms extended

Positive silence Control your emotions



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Step One: Meet and Greet

Control anxiety Develop rapport Expectations



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Control Anxiety

Being interviewed is a nerve-wracking experience for even the most poised individual Feelings will hinder the information

retrieval process so allow them to work through their feelings, releasing these physical manifestations, during the rapport phase



5-53

Develop Rapport How are you doing today, Mrs.

Smith? Are you feeling better? (yea) Did you get that arm checked out? (I

called my doctor) What did your doctor say? (The nerve

damage is going to heal ok) Good, did you talk to someone about

getting new locks for your door? (yes) Alright, what I want you to do is just

relax



5-54

Not Rapport! Ok, your name is…? (Cynthia

Johnson) Cynthia Johnson. And you live at

134 Lincoln Road? (yes) How long have you lived there? (1 ½

years) Ok, who do you live with? (My husband) Now the person who got stabbed last

night was …



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Expectations Be sure to outline what you want

from the interviewee during the interview. You are not going to ask all the questions, but will depend on them to explain what happened

Instruct the witness to actively volunteer information and not to wait for questions



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Ask for Detail Reveal that you want to know

every detail regardless whether it seems important

Be explicit that you want every conceivable detail regardless of the interviewee's confidence level or how he weighs its importance



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All Information is Important!

Acknowledge that you are aware that some of the information is personal and difficult to talk about.

Don’t leave anything out or change things because you are not sure what I will think



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Don’t Make Things Up

Tell the witness that you may ask questions that they can’t answer, and not to feel like they have to. This is their interview and you are only looking to increase the amount of information that they can recall.



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Explain the Method Explain in simple terms that

memory retrieval takes focused energy and intense concentration.

Make clear that it is not an easy task.

Tell him or her that you expect their concentration!



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Step Two — Narrative Phases

This has three parts: Free recall Guided recall Clarification



5-61

Free Recall

Recreate the situation Request narrative description Avoid interrupting Wait before asking questions Identify images



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Guided Recall of Event

Concentration Reconstruction Envision Detailed Narrative Follow-up



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Talk about Concentration:

Think about the surrounding environment, the rooms, any furniture, weather, lighting, or people.

What were you feeling? What did you smell? What did you hear?



5-64

Instruction for Reconstruction During the reconstruction the

interviewee is encouraged to recall the event at her own pace, in her own words.

Initiate a context reinstatement, helping the interviewee go back to the place or context that the event occurred.



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Envision Get a picture in your mind. Close

your eyes. Where were you? What did you see? How did you feel? What did you smell? What did you hear?

When you're ready I want to hear the whole story, at your pace, from the beginning.

I want to hear all the details, even if they seem unimportant or you're not completely sure. Take your time.



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Clarifying Questions

Explain this phase to the interviewee before proceeding.

Refocus the interviewee to concentrate on the task at hand. Let her know that you will be asking questions based upon the information she just told you.



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Clarifying Questions

Repeat Report Everything: All details matter; it is ok to say “I don't know”; tell you if she doesn't understand the question; share all the information she knows, but not to speculate or guess about anything that is unclear.



5-68

Step Three — Extensive Recall through Mnemonics The two primary techniques that

have been shown to provide more information are:

1. Switching the Temporal Order (recalling from different order)

2. Changing the Perspective



5-69

Recall in a Different Order Using the temporal order

technique, an investigator would instruct the interviewee to recall the incident backwards



5-70

Recall in a Different Order This sounds confusing to most

interviewees so it is important to take it one step at a time, prompting the interviewee gently with questions.

Questioning may take the form of, “What is the last thing you remember? What happened before that? What happened before that?”



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Changing Perspectives

This technique encourages the interviewee to view the incident from another person's viewpoint.

Be clear that she must report facts that she has witnessed herself. The purpose is not to fabricate or guess, but rather to see the event from the eyes of another.



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Step Four — Summary and Closure Briefly summarize the

information the interviewee has provided.

Ask the witness to interrupt immediately if he/she remembers new information or there are any errors in the review.



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Summary and Closure Reestablish your personal

connection with the interviewee. Always end the interview on a positive note, so be sure to spend the time helping her mentally relocate to present time. Also be sure to thank her for her time and effort.

Remind him/her to call if he/she thinks of new information.



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Researchers Define Three Stages of Memory Encoding Storage Retrieval



5-75

Encoding Happens as an incident is

occurring Encoding is like taking

photographs, which are then stored and retrieved to construct a memory of an event



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Storage

Small pieces or snapshots of what witnesses saw, smelled, tasted, and felt are stored in their brains



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Retrieval

As the witness “remembers” the incident the brain attempts to retrieve these photos to recreate the event



5-78

Challenges During Encoding

Did they get it all? How did they perceive it? Lighting, distance, and

distractions Guilt, stress, and involvement



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Challenges During Storage

Well-asked questions can help witnesses find the correct file where memories are stored

Memories change over time New memories may or may not

reflect the reality accurately



5-80

Contamination

Inappropriate questioning Leading and misleading

questions can confuse your witness and produce incorrect information

Example: Tell me about the red car



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Inappropriate Questioning

Forced choice questions give the interviewee choices instead of an open-ended question. Did you hear the victim scream?

Asking multiple questions in rapid succession is also an inappropriate questioning technique.



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Challenges During Retrieval: The Interviewee Scripting

The memory of how things are supposed to happen

I.e., how to eat with a fork!Does not indicate lying but that

a memory gap has been filled with positive information



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Challenges During Retrieval: The Interviewee Emotions

Guilt about what happened or their role in the event will affect their perception

Memory is likely to become fragmented and to include past events during highly emotional situations



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Challenges During Retrieval: The Investigator The investigator combats any

assumptions, hypotheses, or stereotypes he/she brings into the interview



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Challenges During Retrieval: The Investigator She/he is also challenged to

leave behind her own scripts and emotions about the incident

forensic hypnosis and cognitive interviewing

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