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Psyc 380

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forensic psychology
A field of psychology that deals with all aspects of human behavior as it relates to the law or legal systems. a debate centers on whether the definition should be broad or narrow. a narrow def. might focus on clinical aspects and ignore conducted experimental research. In 2001 the American Psychological Organization reorganized forensic psychology narrowly as a specialization. Otto and Heilburn state, "it should include the primarily clinical aspects of forensic assessment, treatment and consultation.
the only individuals that should call themselves forensic psychologists are those involved in
clinical practice (assessing, treating, or consulting). within the legal system. Things that are NOT considered to be forensic psychology include: studying memory of eyewitness, examining the decision making of jurors, or evaluating the effectiveness of offender treatment programs.
Bartols' broad definition of forensic psychology is-
a) the research endeavor that examines aspects of human behavior directly related to the legal process and b) the professional practice of psychology within, or in consultation with a legal system that embraces both civil and criminal law. Narrow definition focuses on application and broad definition also takes into account research.
clinical forensic psychologists
psychologists who are broadly concerned with the assessment and treatment of mental health issues as they pertain to the law or legal system. This includes research and practice in things such as schools, prisons, and hospitals. Often concerned with the assessment and treatment of persons with mental disorders within the context of the law.
Some issues clinical forensic psychologists are interested in are:
- validation of a tool that predict violent behaviors
-divorce and child custody mediation
- determination of criminal responsibility (insanity) and fitness to stand trial
- providing expert testimony on questions of a psychological nature
-personnel selection (eg. for law enforcement agencies)
- conduct critical incident stress debriefing w/ police officers
-designing and conducting treatment programs for offenders
forensic psychiatry
A field of medicine that deals w/ all aspects of human behavior as it relates to the law or legal system. Both forensic psychiatrists and psychologists deal w/ ppl with mental problems in law settings and conduct similar types of research. Psychiatrists can prescribe medicine psychologists cannot.
forensic anthropologists
forensic anthropologists examine the remains of deceased victims to determine key facts (age, gender etc.)
forensic linguistics
examine written and spoken word in an attempt to assist criminal investigators. They can determine if suicide notes are fake or not.
forensic chemistry
study the chemical aspects of a crime scene (which can include an analysis of paint particles, dyes, fibers.
forensic ondontology
study the dental aspects of criminal activity.
forensic pathology
examine remains of dead bodies in attempt to determine the time and cause of death through physical autopsy.
forensic entomology
forensic entomologists are concerned with insects and their assistance in criminal investigations.
experimental forensic psychologists
psychologists who are broadly concerned with the study of human behavior as it relates to the law or legal system. some things they are interested in are:
-examining effectiveness of risk-assessment strategies, -determining what factors influence jury decision making, - developing better ways to conduct eyewitness lineups, - evaluating offender and victim treatment programs, -studying the impact of questioning style on eyewitness memory recall, examining the effect of stress management interventions on police officers.
Psychology and the law
The use of psychology to examine the operation of the legal system. psychology is viewed as a separate discipline to the law. examining and analyzing various parts of law from a psychological perspective.
E.g., "Are eyewitnesses accurate?" "Do certain interrogation techniques cause people to falsely confess?" "Are judges fair?" "Is it possible to predict whether an offender will be violent when released?"
Psychology in the law
the use of psychology in the legal system as that system operates. use of psychological knowledge.
E.g., expert testimony, different questioning strategies during interrogation
Psychology of the law
the use of psychology to examine the law itself.
E.g. what role should the police play in domestic disputes? does law reduce the amount of crime in our society? Why is it important to allow for discretionary decision making in the canadian justice system?
Conflict Between Psychology and the Law
Legal professionals are trained to view human behaviour in a way that is different from a psychologist.
Laws and Values
Laws are human creations that evolve out of the need to resolve disagreements.
Values:
Values are standards for decision making.
Societies values can change
Legal system
The law deals with morality, social values, social control and justifying the application of abstract principles to specific cases.
Social Science
Deals with knowledge, truth, and derives abstract principles form specific instances.
The scientific method values reproducible phenomena and underlying causes.
Social Science:
A conclusion about human behaviour is not accepted until it is:
Reliable
Replicable
Legal System:
Courts tend "to approve legal rules based on intuitive assumptions about human behaviour that research by psychologists has shown to be erroneous"
- Professor of Law: J.A. Tanford (1990)
The CSI Effect
A term used to describe a host of phenomena related to how crime shows are influencing the legal process.
Reoccurring themes:
The quality of scientific evidence is far superior to non-scientific evidence
Viewers leave with the notion "science will lead us to the truthThe CSI Effect is typically described in 4 different ways:
1) Jurors are more likely to acquit defendants if they are fans of CSI
2) Legal professionals have changed their behavior in order to deal with these perceived changes in juror behaviour,
3) Television crime dramas have peaked student interest in topics related to forensic science, and
4) Criminals are learning ways to avoid capture by watching these shows.
Legal System: Intuitive assumptions:
A 2005 survey of 102 Arizona prosecutors found that:
38%: They had lost a case because of the CSI effect;
45%: Jurors relied on scientific evidence more than they should; and
72%: CSI fans exerted undue influence on other jurors.
Approaches prosecutors had taken to reduce the CSI effect:
70% asked jurors about television viewing habits,
90% took the time to explain police procedures to jurors,
52% plea bargained cases when they anticipated their evidence was insufficient to overcome the CSI effect, and
83% felt judicial instructions (i.e., instructions provided by the judge to the jury before deliberations take place) would be appropriate.
Unclear: Trial outcome - TV drama connection.
CSI effect underestimated: lawyer intervention may not be effective at eliminating bias.
CSI effect overestimated: lawyer intervention may bias outcome
Additional research in this area is required before meaningful interventions can be developed.
James Mckeen Cattell
known for intelligence testing, previous student of Wilhelm Wundt. conducted the first north american experiments looking at psychology of eyewitness testimony. found answers to simple questions were often inaccurate.
Alfred Binet
found children are highly susceptible to suggestive questioning techniques. he found that free recall (w/o questions) was the most accurate. highly misleading questions resulted in the least accurate answers.
William Stern
examined suggestibility of witnesses. Found that a person's level of emotional arousal can impact the accuracy of the testimony.
when in the american psychological- law society founded and the law and human behavior journal begins publication?
1968-1969
The Criminal Justice section of the Canadian Psychological association is founded (CPA)
1985
retroactive memory falsification
Termed coined by Albert von Schrenck-Notzing meaning a process whereby witnesses confuse actual memories of events with events described by the media.
Publication of Hugo Musterberg's "On the Witness Stand"
1908. Musterberg considered to be the father of forensic psychology. Argued psychology had much to do with the legal system.
Forensic Psychology in other areas of the criminal justice system
forensic psychologists were instrumental in establishing the first clinic for juevinile delinquents in 190, they began useing psychological testing for law enforcement selection in 1917, 1919 there was the first forensic assessment lab.
Sheldon's constitutional theory
crime is largely a product of an individual's body build or somatype, which is assumed to be linked to an individual's temperament. endomorphs (obese)- are jolly, ectomorphs (thin)-introverted, mesomorphs (muscular)- bold. says that mesomorphs are most likely to get involved with crime.
Jacobs, Brunton, Melville, Brittan, and McClemont's chromosomal theory
chromosomal irregularity is linked to criminal behavior. ex. men with 2 Y chromosomes are more aggressive therefore commit more crimes instead of normally an X and a Y
Mark and Ervin's dyscontrol theory
lesions in the temporal lobe and limbic system result in electrical disorganization within the brain, which can lead to dyscontrol syndrome. symptoms can include violent bursts, serious traffic violations and impulsive sexual behavior
Merton's strain theory
crime is largely a product of the strain felt by certain individuals in society (typically from the lower class). some may be happy with lesser goals while others will turn to illegitimate means such as crime to achieve their goals
Sutherland's differential association theory
criminal behavior is learned through social interactions. People who learn more values that are favorable to violations of the law are more likely to commit crimes.
Becker's labeling theory
deviance (ex. anti-social behavior) is not inherent to an act but a label attached to an act by society. criminality results from society labels. The labeling process is thought to promote the individual's deviant behavior through self-fulfilling prophecy (which is false)
Bowlby's theory of maternal deprivation
early separation from a mother resulting in development problems and anti-social behavior patterns
Eysenck's biological theory of crime
believed that same individuals (ex. extraverts and neurotics) are born with cortical and automatic nervous systems that influence their ability to learn from consequences of their behavior. people with have extroversion and neuroticism will have strong antisocial inclinations
Gottfredson and Hirschi's general theory of crime
low-self control, internalized in early life, in the presence of criminal opportunities explains an individual' propensity to commit crimes.
Hugo Munsterberg
He made his desire to enter the legal
arena known by engaging in 3 tasks:
1) Demonstrating the fallibility of memory
2) Publishing "On the Witness Stand"
3) Offering his testimony as expert witness in highly publicized trails.
Munsterberg's critic: John Henry Wigmore
Wigmore:
A law professor and leading expert on evidence.
Attacked Munsterberg on his lack of:
relevant research publications in support of his claims, and
applied research in forensic psychology.
Perhaps because of these events forensic psychology went into a dormant period.
Early Research in Forensic Psychology
James McKeen Cattell (1893)
The inaccuracy of everyday observations
Alfred Binet (1900)
Suggestibility in children (free recall more accurate)
William Stern (1910)
The eyewitness 'reality experiment' - witness staged events and asked to recall what happened
Early Court Cases in Europe
Von Schrenck-Notzing (1896)
Pre-trial press can result in retroactive memory falsification (what was observed versus what was heard)
Varendonck (1911)
Children can provide inaccurate testimony due to suggestive questioning techniques
State v. Driver (1921)
First court case in the U.S. where expert testimony is provided by a psychologist
Represented a partial victory for psychology in that the court accepts only a portion of the psychologist's testimony
Brown v. Board of Education (1954)
The U.S. Supreme Court, for the first time, refers to psychological research in their ruling on a case
The case dealt with the constitutionality of school segregation and the research examined how discrimination affects personality development - cited Clark's research on prejudice and discrimination.
Helped to validate psychology as a science
Jenkins v. United States (1962)
The court rules that psychologists are sometimes qualified to give expert testimony on the issue of mental disease (i.e., insanity) see Huss (2008)
Helped to increase the extent to which psychologists can contribute to legal proceedings
Functions of an Expert Witness
Two primary functions:
Aid in understanding a particular issue relevant to the case
Provide an opinion
This contrasts with regular witnesses who can only testify about what they have directly observed
Challenges of Providing Expert Testimony
Providing effective testimony to the courts is difficult because of differences that exist between the fields of psychology and law
Differences Between Psychology and Law
Frye v. United States (1923)
Resulted in the general acceptance test:
In order for novel scientific evidence to be admissible, it must be established that the procedures used to arrive at the testimony are generally accepted in the particular field in which it belongs
How do we define "generally accepted"?
Which groups represent the "particular field"?
Daubert v. Merrell Dow, Inc. (1993)
Testimony is admissible if it is (1) provided by an expert, (2) relevant, and (3) valid, where validity is determined by the Daubert criteria. The criteria requires the research:
Be peer reviewed
Be testable
Have a known error rate
Adhere to professional standards
R v. Mohan (1994)
In addition to requiring that testimony be reliable, the Mohan criteria in Canada states that the testimony:
Must be relevant
Must assist the trier of fact (beyond common understanding)
Must not violate any rules of exclusion
Must be provided by a qualified expert
Signs that Forensic Psychology was becoming A Legitimate Field of Psychology
High quality textbooks
Academic journals
Professional associations
Training opportunities
Recognition as a specialty discipline by the APA
R v. Hubbert (1975)
Ontario Court of Appeal states that jurors are presumed to be impartial
R v. Sophonow (1986)
Manitoba court overturns murder conviction because of errors in law with problems with eyewitness evidence collected by the police
R v. Lavallee
when expert testimony should be used in battered women's cases
Wenden v. Trikha
mental health professionals have a duty to warn a third party if they think the client could hurt someone
R v. Levogiannis
children can testify in court behind screens that prevent them from seeing the accused
R. v. Mohan
establishes formal criteria for determining when expert testimony should be admitted into court
R. v. Williams
jurors can be biased
R. v. Gladue
prison sentences are relied on too much on judges especially for aboriginals and other ways of punishment should be considered.
R. v. LTH
young people don't have to understand their rights but that they were told their rights in an age appropriate way.
things that forensic psychologists can testify about are
competency to stand trial, custody issues, malingering and deception, the accuracy of eyewtiness identification, the effects of crime on victims, and the assessment of dangerousness
expert witness
A witness who provides the court with information (often an opinion on a particular matter) that assists the court in understanding an issue relevant to the case.
Psychology and law differ in at least 7 ways:
1) knowledge- in psychology comes from research, in law comes through legal precedent, logical thinking, & case law
2) methodology- psychology is nomothetic (controlled experiments and statistical methods). Law is idiographic and operates on a case-by-case basis
3) Epistemology- psychology think it is possible to find the truth if appropriate experiments are done. truth in law is subjective and depends on who can provide the best evidence and convincing.
4) Criteria- psychologists are cautious in believing something is true. law decides what is true based on a single case
5) Nature of law-psychology is to describe how people behave law is how people should behave
6) Principles- psychology considered alternative explanations for their findings. good lawyers convince judge and juror that theirs is the only explanation
7) Latitude- behavior of psychologist when acting as an expert witness is limited by the court, the law imposes fewer restrictions on lawyers
general acceptance test
a standard for accepting expert testimony, which states that expert testimony will be admissible in court if the basis of the testimony is generally accepted within the relevant scientific community.
In the caseof Daubert v. Merrell Dow Pharmaceuticals...
U.S. Supreme Court stated that for scientific evidence to be admitted into court it must 1) be provided by a qualified expert 2) be relevant and 3) be reliable
Daubert criteria
A standard for accepting all expert testimony which states that scientific evidence is valid if the research on which it is based has been 1)peer reviewed, 2) testable (falsifiable through experimentation) 3) research has a recognizable rate of error 4) adheres to professional standards
Mohan criteria
In Canada a standard for accepting expert testimony, which states that expert testimony will be admissible in court if the testimony is relevant, is necessary for for assisting the trier of fact, does not violate any exclusionary rules, and is provided by a qualified expert
Police perform a complex set of tasks:
Must combine physical prowess, perceptual acuity, interpersonal sensitivity, and rational decision-making.
Need to make quick judgements about human behaviour often under stressful conditions.
Need to say up to date on laws
Police Selection
Each year between 10,000 and 15,000 people apply for the RCMP
core KSAs agreed on (Sanders, 2003)
Honesty, reliability, high motivation, sensitivity to others, good communication skills, problem-solving skills and team player.
Steps of Police Selection
1) The Police Aptitude Test (RPAT)
2) Personality Measures (MMPI & IPI)
3) Physical Abilities Requirement Evaluation (PARE) or Situational Test
4) Interview
5) Background Check
6) Cadet Training
Police Selection: Aptitude Test
RCMP Police Aptitude Test (RPAT).
RPAT is multiple choice that is designed to evaluate potential aptitude for police work.
Measures 7 skills essential for police work.
These skills include:
Composition (Spelling, Grammer, and Vocabulary)
Comprehension,
Memory,
Judgement,
Observation,
Logic,
And Computation.
Police Selection: Personality
General Mental Health:
Minnesota Multiphasic Personality Inventory (MMPI) or the California Psychological Inventory (CPI).
Assess psychopathological problems e.g. paranoia, schizophrenia, delusional.
Police Suitability:
Inwald Personality Inventory (IPI)
Suitability for policing
Tests: drug/alcohol abuse, stress reactions, deviant behaviour, interpersonal difficulties, antisocial behaviour
Police Selection: Physical Test
The Physical Abilities Requirement Evaluation (PARE)
Job-related physical ability test.
Simulates a critical incident where a police officer, chases, controls, and apprehends a suspect.
Police Selection: Situational Test
Situational Test
Places the recruit in a simulated police situation to evoke samples of the behaviour he/she will show on the job.
Police Selection: Situational Test
Mills, McDevitt, and Tonkin (1966)
Task: Recruits required to walk a 6-block downtown route and then answer questions about what they remembered having just observed.
Finding: Unique to intelligence
Task: Given 10 minutes to investigate a set of planted clues about the disappearance of a worker from his office.
Finding: Performance on the clues test correlated significantly with class ranking in the police academy.
Police Selection: Interview
Traditional goal: Seek pathology
Recent emphasis: desirable qualities e.g. social maturity, stability, and skill in interpersonal relations.
Can provide info on characteristics not available through other procedures (e.g. body language, appropriateness of emotions, ability to convey personality).
Is the interview a strong predictor of performance?
Hargrave and Hiatt (1987)
2 classes of US police academy trainees were tested and interviewed for job suitability.
Rated on:
Personality characteristics: Anxiety, mood, antisocial characteristics, and ability to accept criticism
Interpersonal Effectiveness: ability to communicate, assertiveness, self-confidence, and ability to get along with others.
Intellectual characteristics: judgement and verbal skills.
Is the interview a strong predictor of performance?
At the end of 5 month training,
3 performance criteria were examined:
Attrition during training
Ratings of psychological suitability
Peer evaluations
None of these were strongly related to initial interview assessments.
Levy (2007) Structured Interviews generally receive a validity rating of r = .44, accounting for 19.36% of the variability in scores.
Psychological Testing
Hargrave and Hiatt: studies assessing the predictive validity of the MMPI (1987) &
55 officers performance evaluation.
Those rated unsatisfactory scored significantly higher on 2 MMPI scales:
Paranoia and Hypomania
The CPI (1989)
Evaluated 45 officers
Qualities that lead to problems with officers are: impulsivity, risk taking, easy boredom, lack of objectivity, and willingness to break rules.
Inwald Personality Inventory: More predictive of effective police candidates than the MMPI
IPI & MMPI = good combo
Despite the benefit to predictive validity, internal reliability is variable.
Motivation for Becoming a Police Officer
Why would you want to be a police officer?
Most commonly reported motivations (regardless of race or gender):
Opportunity to help others
Job benefits/security
Excitement of police work
Fight Crime
Police Training
Typical training programs has been criticized for emphasizing narrowly defined aspects of the job dealing with:
Criminal activity
Understanding relevant laws,
Effective firearms training,
Self-defence,
And other survival techniques
National Advisory Commission on Criminal Justice Standards and Goals (1973) suggested a training program organized around 6 subject areas:
1) Introduction to criminal justice
The foundations and functions of the criminal justice system, role of police.
2) Law
Development, philosophy and types of criminal law.
3) Human values and problems
Cultural awareness, conflict management
National Advisory Commission on Criminal Justice Standards and Goals (1973) suggested a training program organized around 6 subject areas:
4) Patrol investigation procedures
Fundamentals of patrol: arrest, detention, interviewing etc.
5) Police proficiency
When to use force, crowd, riot and prisoner control
6) Administration
Departmental policies, rules, regulations
National Advisory Commission on Criminal Justice Standards and Goals (1973) suggested amount of time spent on each training area:
1) Introduction to criminal justice 8%
2) Law 10%
3) Human values and problems 22%
4) Patrol investigation procedures 33%
5) Police proficiency 18%
6) Administration 9%
On the Job Training
Once on the job training does end.
There are 3 categories of training that police officers may engage in:
1) Wellness Training
2) Training on Information or skills
Spousal Assault
Hostage negotiation
3) Organizational Training
Wellness Training
Goal: To assist police officers toward improving their lifestyle through learning new, health enhancing behaviours and ideas
Types of Wellness Issues
Alcohol and drug abuse
Relationship with one's spouse
Surviving critical incidents
Stress management
Rational
1) Higher levels of alcohol addiction in police than in other jobs
2) Divorce rates are also higher among police
3) Approx. 60-70% of officers leave the force within 5 years of a critical incident episode.
Information and Skills Training
Information and Skills Training
Managing persons with mental illness
Cross-cultural awareness
Improvement of communication skills
Working with victims of rape and sexual assault.
Specialized Training:
Spouse Assault
In Canada, nearly a third of all married women report that they have been subjected to violence by their partner (1988).
Violence includes: being pushed, grabbed, shoved, slapped, sexually assaulted, hit with an object, or had a weapon used against them.
Tricky situation: Does the spouse want intervention?
Specialized Training:
Hostage Negotiation
Law enforcement officers must choose:
negotiate with the hostage taker or
use force to protect and free the hostages
Specialized Training:
Hostage Negotiation
Negotiators:
Make contact with the hostage takers in non-threatening manner
Maintain communication with them for as long as necessary.
Isolate the hostage taker from other outside communication
Try to reduce the hostage takers' fear and tension so they are more willing to agree to a solution.
Hostage Negotiation
4 basic types of hostage taker:
1) Political activist
Why?:
To demonstrate to the public the inability of a govt to protect its own citizens,
To increase publicity for their political agenda,
To create civil discontent and to demand release of members of their groups who are in custody.
2) Criminal
Why?: Need for safe passage or means of escape.
3) Mentally disturbed
Why?: Variety of reasons, all stemming from their skewed view of the world.
4) Prisoner
Why?: Protest conditions within the prison.
Stockholm Syndrome: The positive feelings by the hostages towards their kidnappers.
1973: Swedish Bank
Hostages developed close emotional bond to captors and temporarily adopted the captors ideological views.
Most likely to occur when captors are purely instrumental
Terrorist: "I will release you if our demands are met."
Hostage misperceives the terrorist as someone who is trying to keep them alive.
Stockholm Syndrome
Develops from:
The close contact contact between the participants.
Shared feelings of fear and danger.
Strong feelings of powerlessness produced by prolonged captivity.
Hostage negotiator tries to become a part of the dynamic
May offer help with medical needs etc.
Maintains contact with the outside world.
Organizational Training
Goal: To improve the functioning of the organization as a whole
Training in organizational issues:
E.g. sexual harassment in the workplace, grief management, racial discrimination, substance abuse.
Investigator Decision Making
How do investigators decide to arrest and charge a suspect?
Is there a police personality?
Lefkowitz (1986)
Police do not differ from other groups in terms of psychological disorders or intelligence.
But, they are more likely to hold traits of:
Authoritarianism:
Beliefs that reflect identification with and submissiveness to authorities,
An endorsement of power and toughness,
High authoritarians tend to:
Have greater intolerance to out groups and minorities
Pressure for conformity to group norms.
And rejection of anything unconventional as sick or deviant.
Lefkowitz (1986)
More likely to hold traits of:
Authoritarianism
Suspiciousness
Secretiveness,
Cynicism,
Conservatism.
Loyalty,
And Self-assertiveness
Psychologist in the Police Dept.
Training:
Instruct recruits on handling mentally ill persons, human relations, and relationships with authority figures.
Inform on best practices for ID procedures, interrogating suspects, etc.
Consulting:
Survey of community satisfaction with police.
Help out on bizarre case that suggests psychopathy.
Hostage taking- provides on the scene advice, profiles the hostage taker's personality, and assesses the behaviour of the hostages themselves.
Counselling
Following a traumatic incident people can experience a number of different symptoms:
On guard and constantly alert
Having disturbing dreams/memories or flashbacks
Feeling shock, numb, unable to experience love or joy
Avoiding people, places, and things related to the event
Being irritable or outbursts of anger
Withdrawal, feeling rejected or abandoned
Symptoms can be indicators of significant conditions:
Posttraumatic Stress Disorder (PTSD):
Can't stop thinking about what happened
Avoid people and places that remind them of the trauma
Feel numb and have trouble relaxing.
Startle easily and are often on guard
Depression
Suicidal thoughts
Alcohol/Drug abuse
Anger and Aggression
Self-blame, guilt and shame
Counselling
After a critical incident involving death or injury the police officer may display emotional or behavioural reactions.
A fitness-for-duty evaluation may be required along with counselling.
Investigative Interviewing
Definition:
"The questioning of a person who is believed to possess knowledge that is of official interest to the investigator" (O'Hara, 1988)
"A primary means of obtaining information about a case." (BC Police Training, 2004)
Purpose:
"To obtain truthful information from witnesses or suspects without the use of threats, promises, or inducements but by treating the subject with courtesy and respect." (BC Police Training, 2004)
Interview Types
The Cognitive Interview:
Witnesses/Complainants
Goals: Determine nature of offense
Gather accurate facts
Pure Version Interview:
Witnesses/Suspects
Goal: Alibi or the details of the incident
The Forensic Interview: Also called: Reid Technique/ Interrogation
Suspects
NOT: Torture
Goal: Admission of Guilt and a Confession
The Interview Stage 1
Introduction
Establish authority and put at ease

Rapport Building
Chat/ reciprocity
Produces "wedges" for suspect interrogation later on

Purpose of the Interview
"Why do you think you are hear today?"

Legal Warning
Only if suspect
Bonding
Approx 10 minutes
The Interview Stage 2
Cognitive Interview (CI)
Only witness
Pure Version Interview
Witness or Suspect
The Cognitive Interview (CI)
Fisher and Geiselman, 1992
Mnemonic: Relating to, assisting, or intended to assist the memory
4 Central Techniques
Context reinstatement
"Close your eyes, what did you smell, hear, see, feel"
Change order
"Starts at the end and move to the beginning"
Change perspective
"Tell me what happened from the perspective of the surveillance camera"
Report everything
"Do not omit any detail of what you witnessed"
3 Additional Features
Memory and Cognition
Minimize distractions
Close eyes
Consistent questioning
Social Dynamics
Witness control (tangents/probing)
Confidence
Communication
No interruption
Non-verbal
Do not fabricate
Steps of the CI
Steps of the CI
1. Set the Tone
Rapport & Context Reinstatement
2. Open-ended Questioning
3. Probing
Change order
Change perspective
Report everything
4. Review
5. Close
CI Critique
Strength:
25-100% more correct statements than other interviewing techniques.
Weaknesses:
Increase in inaccurate statements (sometimes).
Thus, most effective in cases with many witnesses
Time consuming
More difficult
The Pure Version Interview
Non-Influenced Statement/ Behaviour Analysis Interview
Information about: Alibi or Incident
Purpose:
To get a statement from the witness/suspect
To determine if the interviewee is being deceptive
Behaviour Observation Question (BOQ): Did you do it?
Similar to CI:
Open-ended questions
Probing

Do
Interviewee's own language
Vary starting points/ perspectives
Report everything

Don't
Use cognitive cues e.g. visualize the scene
BOQ and Evidence Connection Questions
The Reid Technique
Originally developed by John E. Reid, a polygrapher from Chicago
Most common training program offered in US and Canada
Taught to more than 300 000 police investigators since 1974
Involves 3 general stages:
Gather evidence
Conduct a non-accusatorial interview to assess deception (guilt)
Conduct an accusatorial interrogation to obtain a confession
The Forensic Interview/ Interrogation
Reid Technique: 9 Steps
Step 1: Positive Confrontation
"There is absolutely no doubt in my mind that you..."
Step 2: Transitional Statement & Theme Development
Moral Mitigation: "Good people get into bad situations, I want to understand"
Step 3: Stop Denials
People will resist being told that they are guilty
Step 4: Overcoming Objections
Reasons why it was not them
Mental blocking
Step 5: Maintaining Attention
Empathetic monologue
No questions
Step 6: Handling Mood
Mood change at the brink of confession
Step 7: The Alternative Question
Present suspect with 2 options
Step 8: Details of Offence
Move from theme to real details
Step 9: Oral Confession to Written/Taped Confession
False Confessions
Innocence Project:
33 of the first 123 postconviction DNA exonerations involve false confessions or admissions.
False Confessions:
Psychoanalytical Perspective
Procedural Considerations
"a salesman as thieving as any man who ever moved cars, more so, in fact, when you consider that he's selling long prison terms to customers who have no genuine need for the product"
Types of False Confessions
1. Voluntary False Confessions
A self-incriminating statement offered in the absence of pressure by the police.
Why?
Notoriety
Protection of Another
Attempt to relieve guilt
Unable to distinguish the true facts
Hide non-criminal acts
August 2006: John Mark Carr confessed to killing Jon Benet Ramsy
2. Coerced-Complainant False Confessions
Suspect confesses due to coercive techniques despite knowledge of their innocence.
Why?
-Lessened sentence
-Torture
-See no way of proving innocence
ex. Douglas Firemoon & Joel Labadie were both charged (along with another youth) in the murder of 14 year old Darrelle Exner.
Kenneth Patten was the DNA match.
Coerced-Internalized False Confessions
Suspect is innocent but they come to
believe that they actually committed the crime.
Why?
Vulnerable suspect
Mental disorders e.g. depression, schizophrenia, low IQ
Juveniles
Abnormal mental state e.g. high anxiety, phobia, intoxicated, grieving, fatigued
Personality i.e. suggestibility, compliance
False Evidence
Paul Ingram- A police officer charged with rape and a host of satanic ritual cult crimes.
For 6 months: hypnotized, informed of the crime details, told by police psychologist that sex offenders typically repress their offences & urged by the minister of his church to confess.
He did and was sent to prison.
False Confessions
Research Example:
Kassin & Kiechel (1996)
Ps worked on slow or fast task on computer to manipulate vulnerability
Computer crashed while working and Ps blamed for damage
(Ps did not cause any damage)
Witness: confederate said that she had or had not seen Ps hit forbidden key
Measured % who signed confession, confessed to a third party after the fact, demonstrated how they made the error
Results?
Kassin & Kiechel (1996, p. 127) Factors That Promote False Confessions
Russano, Meissner, Narchet & Kassin (2005)
Results- Criminal Profiling
Supernatural Powers
Constructing the Profile
What + Why = Who (Pinizzotto and Finkel, 1990)
What:
Material at beginning of investigation
E.g., crime scene photos, autopsy, descriptions of victims.
Why:
Motivation for the crime and the behaviors demonstrated in the crime.
Who:
The constructed profile.
Profiles may include:
gender, age,
marital status, education level,
police record, victims are at risk
broad identification of occupation,
prediction if the offender will strike again,
Sometimes:
motivational factors
personality traits
Physical features like disfigurements, height and weight
Inductive & Deductive Criminal Profiling
Inductive: A comparative, correlation, and/or statistical process, often reliant upon subjective experience.
The prediction of an offenders characteristics by comparing similar crimes
Inductive presented Deductively:
Most known serial murderers are Caucasian.
Most known serial murderers are male.
Most known serial murderers operate within a comfort zone.
Conclusion: The serial murderer is a male Caucasian operating in their comfort zone.
Appropriate Inductive:
Most known serial murderers are Caucasian.
Most known serial murderers are male.
Most known serial murderers operate within a comfort zone.
Conclusion: It is likely that any given serial murderer will be a male Caucasian operating in their comfort zone.
Inductive Criminal Profile:
Specific observations leads to a generalization = a premise.
This premise is a working assumption, but it may not always be valid.
Inductive Criminal Profile:
Inductive generalizations based on:
1) Formal and informal studies of known incarcerated criminal populations,
2) Practical experience: anecdotal data from the profiler, and
3) Public data sources: popular media (i.e. newpapers).
1984: Ginger Hayden:
18 yrs old
Murdered in her Fort Worth apartment
Stabbed 56 times
Profile
Killer 17-24 years old male
Had been in her apartment before and entered with her consent
He had an explosive temper
Organized vs. Disorganized
Organized: Little evidence and crime scene appears less chaotic.
Organized = Psychopathic
The perp is assumed to be aware of, and understand the nature and quality of their behaviour
This is demonstrated by an orderly crime scene
Disorganized: Messy crime scene with a lot of physical evidence
Disorganized = Psychotic
Suffering from a mental illness that afflicts the perp with a psychosis.
This is evidenced by a deterioration of normal intellectual and social functioning and by a partial or complete withdrawal from reality.
Crime Scene Characteristics
Victim = stranger
Personalizes victim
Controlled conversation
Body hidden
Restraints used
Offender Characteristics
Socially competent
Sexually competent
Living with a partner
Use of alcohol during the crime
Inconsistent childhood discipline
Crime Scene Characteristics
Victim or location = known
Depersonalization of victim
Minimal conversation
Body left in view
Minimal use of restraints
Offender Characteristics
Socially inadequate
Sexually incompetent
Living alone
Minimal use of alcohol
Harsh discipline as a child
Below average intelligence
False dichotomy. Why?
1) Most crimes scenes are on a continuum
Investigators may try label them one or the other.
2) Crime scene is a series of dynamic events, it cannot be interpreted at a glance by an untrained professional.
3) There are many reasons why a crime scene may be disorganized:
Angry retaliatory offenders do not suffer from any mental illness
Domestic violence offences
Staged offences
Interrupted offences
Offences involving controlled substances.
False dichotomy Cont.
4) Psychopathy is a very specific disorder not all organized criminals are going to be psychopathic.
5) Some offenders become more organized over time while others become less so
6) Only considers MO issues and may ignore signature type behaviours.
7) Ethical consideration, diagnosing an offender without interviews etc.
Advantages of Inductive Profiling
Inductive processes are:
1) Easy:
Simple tools to use for which no forensic knowledge, education, or training in the study of criminal behaviour or criminal investigation is required.
2) Time Saving:
General profiles can be assembled in a relatively short period of time.
They offer a quick cut sheet of potential criminal characteristics.
Disadvantages of Inductive Profiling
1) Generalizations:
Generalized information not intended to construct a profile of an individual person.
2) Apprehended Offenders:
Data from known apprehended offenders,
It is missing data from the most intelligent or skillful criminal populations, the criminals who are consistently escaping detection.
3) Innocent People:
B/c of the generalization, inductive profiles are going to contain inaccuracies that may be used to implicate innocent individuals.
4) Ambiguity
Inductive profiles tend to be unqualified and non-specific.
Deductive Criminal Profiling
Deductive Criminal Profile: A set of offender characteristics that are reasoned from the convergence of physical and behavioral evidence patterns within a crime or a series of related crimes.
Also called "Behavioral Evidence Analysis"
Appropriate Deductive Reasoning:
The offender disposed of his victim's body in a remote area of the mountains.
Tire tracks were found at the disposal site.
Conclusion: If the tire tracks belong to the offender, then the offender has access to a vehicle and is mobile.
Convergence of the physical (tire tracks) and behavioral (remote area for disposal) to obtain a specific conclusion.
Information used to support a Deductive Profile:
Forensic and Behavioural Evidence
Victimology
Crime Scene Characteristics
Information used to support a Deductive Profile:
Forensic and Behavioural Evidence
The victim and offender behaviour that is going to be used must be established by reputable sources.
E.g., physical evidence, witness statements, and/or corroboration of the two
Forensic and Behavioural Evidence
Victimology
Def: The study and analysis of victim characteristics
E.g., who they were, how they spent their time etc.
Victim info can lead to inferences about the offenders motive, MO, and determination of offender fantasy behaviours
Risk assessment: how much risk was the victim in daily? how much risk did the perpetrator take to acquiring them?
Almost as much time is spent profiling each victim as the offender.
Information used to support a Deductive Profile:
Forensic and Behavioural Evidence
Victimology
Crime Scene Characteristics:
Determined from victimology & forensic evidence
Establishes: method of attack, method of approach, method of control, location type, nature and sequence of sexual acts, materials used, any verbal activity, and precautionary acts.
Help profiler discriminate btwn modus operandi and signature behaviours.
Modus Operandi (MO) and Signature Behaviours MO:
How the crime is committed.
What an offender has to do to accomplish a crime.
It is learned and modified over time.
E.g. leave the car running outside the bank for a quick get away.
Signature:
Why the crime is committed.
Something that is special (possibly unique) to that particular offender.
Lovemap: Idealized scene, person, and/or program of activities that satisfies the emotional and/or psychological need of the offender.
Signature:
Develop over time.
Not all signatures from the same offender will be exactly alike.
Can't always connect crimes with signature:
May not always leave their signature (e.g. influence of MO),
May conceal their signature (take things home),
Evidence may be lost or destroyed in scene analysis.
Signature behaviours satisfy the emotional needs of the prep, but they may be the same as the MO.
e.g. Covering the victim of a rape's face with her own shirt may fulfil the signature need to pretend she is someone else & muffle cries.
Deductive Criminal Profiling
7 Assumptions of Deductive Profiling:
1) No offender acts without motivation.
2) Every offence should be investigated as a unique behavioural and motivational event.
3) Different offenders exhibit the same or similar behaviours for completely difference reasons.
4) No two cases are exactly alike.
5) Human behaviour develops uniquely, over time, in response to environmental and biological factors.
6) Criminal MO behaviour can evolve over time and over the commission of multiple offences.
7) A single offender is capable of multiple motives over the commission of multiple offences, or even during the commission of a single offence.
Criminal Profiling
Many forensic psychologist do not consider profiling under the rubric of forensic psychology: Why?
1) Controlled by law enforcement
2) Number of jobs is extremely small
3) Majority of people who profile have not gone through psychology.
4) Experienced profilers acknowledge that profiling is more of an art than a science.
5) Expert testimony on profiling is not likely to be admitted into court.
Validity of Criminal Profiling
Police believe that profiling is highly effective
Serial Offenders
Said to be the most successful when the perpetrator demonstrates some form of psychopathology at the crime scene
(i.e. sadistic torture, evisceration, postmortem slashings etc.)
Reasoning: individuals = mentally disordered and show consistency in behaviour.
Whether this is true is still an open question.
Effective
Serial sexual offences
(e.g., serial rape and serial sexual homicides)
Reasoning: we have more extensive research base on sexual offending than we do on homicide.
Ineffective
Fraud, burglary, robbery, political crimes, theft, drug induced crimes.
Reasoning: limited research base.
Significant gains have been made in recent years, but we are not there yet.
Linkage blindness: Inability to link geographically dispersed serial crimes committed by the same offender b/c of a lack of communication among police agencies.
Police complete booklets, VICLAS analysts consider information
Police agencies are notified when links are made.
VICLAS 2000: 30 000 cases in the system and 3200 known linkages
There has been little research on the utility, reliability, and validity of criminal profiling in general.
Many profilers make decisions on gut instinct from years of experience.
Empirical research needs to done to assess the reliability of profiling.
Validity of Criminal Profiling
Two basic, flawed assumptions in profiling:
1) Human behaviour is consistent across a variety of different situations
2) Offence style or evidence gathered at the crime scene is directly related to specific personality characteristics
Behaviour varies according to situation and social context, especially if the social contexts are significantly different.
Validity of Criminal Profiling
3 Criticisms:
1) Most profiling is based on a theoretical model of personality that lacks strong empirical support.
Trait based vs. situation
2) Vague and ambiguous information.
3) Professional profilers may be no better than untrained individuals at constructing accurate criminal profiles.
Geographic Profiling
The geographic pattern of crimes is used to make a probabilistic estimate of where the offender lives.
Originally designed to help investigations of murder, rape, and arson.
It is now being used for serial bombings, bank robbery, and child abduction.
Identifies appropriate areas of surveillance.
Suspect are prioritized based on proximity to crime.
Basic assumption:
Serial offenders tend to offend close to home, thus, it should be possible to make a reasonably accurate prediction about where an offender lives.
one of the earliest examples of police selection and psychologists involvement
Lewis Terman in 1917 used Standford-Binet Intelligence Test to assist in California. recommended a minimum IQ of 80.
in the 1960s and 1970s major changes to police selection procedures took place in the US primarily as a result of two major events.
In 1967, the US president's Commission on Law Enforcement and Administration of Justice recommends that police forces adopt a higher educational requirement for police officers, obviously implying that intelligence is a core characteristic of successful officers. In 1973 the National Advisory Commission on Criminal Justice Standards and Goals in the US recommended the police agencies establish formal selection processes, which would include the use of tests to measure the cognitive abilities and personality features of applicants.
one of the major problems with KSAs in police officers
they may not be stable over time. at two years of service, police who were enthusiastic and fit in well were rated as the best officers, while at 4 years stable and responsible were rated best. constables rate sense of humor to be most important. senior police managers rate cognitive skills highest. these are essential of all police: honest, reliability, sensitivity to others, good communication skills, high motivation, problem solving skills, and being a team player.
RCMP useshat cognitive ability tests?
RCMP Aptitude Test (RPAT). 114 MC questions
Minnesota Multiphasic Personality Inventory
A common assesment instrument for identifying people with psychological problems. 71.9% use it. 567 t or f questions. not developed just for law enforcemen
Inwald Personality Inventory
An assessment instrument used to identity police applicants who are suitable for police work by measuring their personality attributes and behavior patterns. developed just for law enforcement. measures personality attributes and behavior patterns. 310 t or f questions measures stress reactions, interpersonal difficulties, and alcohol, and other drug use. IPI is more predictive of police officer performance than MMPI
assessment centre
A facility in which the behavior of police applicants can be observed in a number of situations by multiple observers.
situational test
A simulation of a real-world policing task.
Pynes and Bernadin identified 8 core skill sets deemed crucial for effective policing:
directing others, interpersonal skills, perception, decision making, decisiveness, adaptability, oral communication, and written communication.
Police discretion
A policing task that involves discriminating between circumstances that require absolute adherence to the law and circumstances where a degree of latitude is justified.
Youth Crime
30%-40% is handled informally by police officers or through referrals to community services. use informal or formal warnings, involving parents or social workers, arresting but releasing the young person, referring youths to community-based intervention programs, arresting then releasing the young person, referring youths to community-based intervention programs; 78% of officers consider using informal action with young offenders. Only 22% of officers would never or only occasionally consider the use of informal action.
resolution conference
Involves an offender and his or her family coming together with the victim and the police in an attempt to solve a problem. 1) compensate the victim 2) penalize the youth 3) provide support to the youth's family 4) establish a monitoring scheme
when police officers encounters an individual with a mental illness who is creating a disturbance, there are generally three options available to them:
1) they can transport that person to a psychiatric institution of some kind, 2) they can arrest the person and take him or her to jail or 3) they can resolve the matter informally. People with mental illnesses are more likely to have interaction with police officers
Domestic Violence
arrests had a deterrent effect on offenders of domestic violence. arrest rates range from 12 to 40%. Other options include mediation (talking to the victim), community referrals (recommending the couple seek professional help, separation (asking one of the participants to leave). seperation are used as often if not more often as arrests.
Use of force
needs a grounds for force. only about 1.5% of people encourtering police in the U.S. experience force or are threatened of possible force. Mostly male victims.
use of force continuum
A model that is supposed to guide police officer decision making in use-of-force situations by indicating what level of force is appropriate given the suspect's behavior and other environmental conditions.
Organizational stressors
more stronger affect oficers than occupational stressors. lack of carrer development, excessive paper work.
occupational stressors
irregular work schdule, human suffering
criminal justice stressors
ineffectiveness of the court system, unfavorable court decisions
public stressors
distorted press acounts, ineffectiveness of referral aggencies
The highest ranked police stress among Ontario police officers
The feeling hat different rules apply to different people.
health problems in police
twice as likely as others to develop cardiovascular disease, higher digestive problems, higher odds of cancer
Reid model
A nine-step model of interrogation used frequently in North America to extract confessions from suspects. three part process. First, gather evidence related to the crime and interview witnesses and victims. 2nd stage is to conduct a nonaccusational interviw. 3rd stage is an accusational inteorgation. If he is perceived to be guilty then a 9-part processes is put in place. 1) the suspect is immediately confronted with his or her guilt. the police officer can pretend they have evidence even if they do not.
2) Psychological themes are then developed that allow the suspect to justify, rationalize, or excuse the crime.
3) The interrogator interrupts any statements of denial
4) The interrogator overcomes the suspect's objections making the suspect withdrawn.
5) phsycially move closer to the suspect
6) interrogator exhibits sympathy and understanding
7) suspect is offered face- saving explanations
8) suspect accepts responsibility for the crime.
9) suspect write and sign a full confession.
problems with the Reid model
the ability of investigators to detect deception, biases that the suspect is guilty, third problem is the coercive nature of certain interrogation practices and their ability to result in false confessions.