Modifying the Cognitive Interview

for suspect interviews Modifying the Cognitive Interview

for suspect interviews

Amina MemonAmina Memon

Aims Aims

Contemporary approaches to Contemporary approaches to investigative interviewinginvestigative interviewing

Identifying the best approach for your Identifying the best approach for your interviewee (witness/suspect)interviewee (witness/suspect)

The reluctant suspect/witnessThe reluctant suspect/witness A structure for training and systematic A structure for training and systematic

evaluationevaluation

What have we got?What have we got?

The Cognitive Interview (CI) - national level to The Cognitive Interview (CI) - national level to police (since about 1990)-extensive scientific police (since about 1990)-extensive scientific literature.literature.

The Conversation management (CM) The Conversation management (CM) approach (Shepherd 1983)- 1 empirical study.approach (Shepherd 1983)- 1 empirical study.

PRICE modelPRICE model

Developments in Investigative interviewing

Developments in Investigative interviewing

Modifications to the Cognitive Modifications to the Cognitive InterviewInterview

Modified CIModified CI

Rapport & Transfer of ControlRapport & Transfer of Control Mental reinstatement of context or a sketch plan* Mental reinstatement of context or a sketch plan* Report in DetailReport in Detail Free recall followed by open questionsFree recall followed by open questions Replace the change order instruction with an Replace the change order instruction with an

additional retrieval (free recall). additional retrieval (free recall).

*Dando et al 2008*Dando et al 2008

frequency of the three types of cognitive interview currently being used in the literature

0

5

10

15

20

25

30

Type of cognitive interview

freq

uenc

y of

cog

nitiv

e in

terv

iew

s

OCI

ECI

MCI

Modified CI is most popular in research and practice based on 55 studies;Memon et al. 2008)

Using Modified CI with Strategic Use of Evidence (Granhag)Using Modified CI with Strategic Use of Evidence (Granhag)

Planning Planning Rapport Rapport Context/Sketch and report everything with Context/Sketch and report everything with

free recallfree recall Probe by “addressing” the evidence but Probe by “addressing” the evidence but

do not let on (exhaust alternatives)do not let on (exhaust alternatives) Confirm/Challenge*Confirm/Challenge*

* But note Dando & Bull’s: tactical approach

Application: Deception DetectionApplication: Deception Detection

Statement evidence inconsistencyStatement evidence inconsistency

Get detail and rule out alternative Get detail and rule out alternative accounts before disclosing evidenceaccounts before disclosing evidence

Use of sketch planUse of sketch plan

(Hartwig, Granhag et al 2005; Vrij, Granhag, et al 2008)

The intervieweeThe interviewee

There are many different kinds of There are many different kinds of witness/suspectwitness/suspect

Consider for each Interviewee (Witness or suspect)Consider for each Interviewee (Witness or suspect)

Ability to tell

Unable Able

Source: Mark Robinson: Kent Police

Consider for each Interviewee (Witness or suspect)Consider for each Interviewee (Witness or suspect)

Willingness to tell

Unwilling

Willing

Consider for each Interviewee (Witness or suspect)Consider for each Interviewee (Witness or suspect)

Unable Able

Unwilling

Willing

Willing and able

Unwilling but ableUnwilling and unable

Willing but unable

Model developed by Kent Police

Consider for each Interviewee (Witness or suspect)

Consider for each Interviewee (Witness or suspect)

Unable Able

Unwilling

Willing

Modified CI (PRICE)With SUE

Problem!

Could be a vulnerable individual: Wants to pleaseFalse Confession

Modified CI with SUEUse elements of CM?

Adapted: Kent Police

The unwilling witness The unwilling witness Due to trauma, fear, hostility, uncertainty?Due to trauma, fear, hostility, uncertainty? Too many investigators skip the rapport Too many investigators skip the rapport

phase because they are not collecting phase because they are not collecting evidence at this point.evidence at this point.

Rapport provides a chance for the Rapport provides a chance for the investigator to directly address the witness’s investigator to directly address the witness’s reluctance to talk, the motivational barrier.reluctance to talk, the motivational barrier.

Effective rapport allows the rest of the CI to Effective rapport allows the rest of the CI to be implemented. be implemented.

(Fisher, 2009)(Fisher, 2009)

The current situationThe current situation

Developments in training Developments in training

Clarke & Milne (2001)

“far more leading questions asked, most interviewers didn’t allow the witness to tell

their account and the interviews were mainly police led”

Clarke & Milne (2001)

“far more leading questions asked, most interviewers didn’t allow the witness to tell

their account and the interviews were mainly police led”

Interviewing was poorInterviewing was poor

Limited use of CI Limited use of CI

Closed questioning styleClosed questioning style

Interviewer driven and confirmatoryInterviewer driven and confirmatory

ACPO (2003) interviewing strategyACPO (2003) interviewing strategy

The new ACPO Strategy introduced 5 The new ACPO Strategy introduced 5 separate Tiers of Training for PEACE (and CI) separate Tiers of Training for PEACE (and CI) each of which is set against National each of which is set against National Occupational Standards.Occupational Standards.

Each tier has a training implication. Each tier has a training implication.

Each tier recommends that competencies Each tier recommends that competencies MUST be met at each level for progression to MUST be met at each level for progression to the next level.the next level.

To dateTo date

No evaluation of PRICENo evaluation of PRICE

“Having considered the transcript of theinterview, we are driven to the conclusion that some of the questions put by the interviewing police officer can only be described as outrageous”

Lord Hamilton’s comments during Luke Mitchell’s appeal against the murder of Jody Jones

http://www.scotcourts.gov.uk/opinions/2008HCJA28.html

Good PracticeGood Practice

Peebles vs HMAPeebles vs HMA

The DC leading the enquiry The DC leading the enquiry identified special needs and identified special needs and appointed appropriate adultappointed appropriate adult

Proposal for Scottish PoliceProposal for Scottish Police

Use the modified CI (rapport building) Use the modified CI (rapport building) to improve information gathering in to improve information gathering in interviews where witnesses have interviews where witnesses have information but may be reluctant to information but may be reluctant to disclose disclose

Use evidence strategically within the Use evidence strategically within the PRICE modelPRICE model

Proposal for Scottish PoliceProposal for Scottish Police

Develop a structure for training and Develop a structure for training and monitoring/assessment of training at monitoring/assessment of training at different levelsdifferent levels

For details of my recent research go For details of my recent research go to: to:

http://www.abdn.ac.uk/~r03kah6/eyewitness/http://www.abdn.ac.uk/~r03kah6/eyewitness/

Acknowledgements European Union Framework 6 Grant

CMCM

ReciprocityReciprocity: if someone smiles, you smile back, : if someone smiles, you smile back, show you are aware of how witness feels)show you are aware of how witness feels)

Response: Mindful behaviours for relationship Response: Mindful behaviours for relationship buildingbuilding..

Managing the interview:Managing the interview: the relationship with the relationship with the interviewee, the conduct of persons the interviewee, the conduct of persons present and content. Planning is key to identify present and content. Planning is key to identify topics to be covered and areas of questioning topics to be covered and areas of questioning within each topic.within each topic.

Interviewing modelsInterviewing models

PRICEPRICE PreparationPreparation RapportRapport InformationInformation ConfirmationConfirmation EvaluationEvaluation

PEACEPEACE PreparationPreparation Explain & EngageExplain & Engage AccountAccount Closure & Closure &

EvaluationEvaluation

ApplicationApplication

Witnesses in sexual offence investigationsWitnesses in sexual offence investigations

-Welfare is paramount-Welfare is paramount

-Addressing needs and fears-Addressing needs and fears

-Explain purpose and transfer control-Explain purpose and transfer control

-Report Everything (open questions).-Report Everything (open questions).

-Be flexible, return to rapport building any -Be flexible, return to rapport building any time the witness feels uncomfortable.time the witness feels uncomfortable.