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CHAPTER 5
INTERVIEWING AND INTERROGATION
Dr. E. C. Buchholz
LEARNING OBJECTIVES
• Differences and similarities between interviews and interrogation
• Objectives of Interviewing and Interrogation
• Time, Place, and Setting of Interviews and Interrogation
• The Interrogation Room
• Preparation for the Interview or Interrogation
• Witnesses: Motivations, Perceptions, and Barriers
• Reliability of Witness Identification
LEARNING OBJECTIVES (cont’d)
Witness Intimidation
• Documenting Interviews
• Psychological Dynamics of Confessions
• False Confessions
• Admissibility of Confessions and Admissions
• Interview and Interrogation: Legal Requirements
• U.S. Supreme Court Decisions on the Right to remain Silent
• Detecting Deception
SIMILARITIES BETWEEN
INTERVIEWS AND INTERROGATIONS
OBJECTIVES OF THE INTERROGATION PROCESS
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Successful interrogation accomplishes four objectives:
Obtaining facts
Eliminating the innocent
Identifying the guilty
Obtaining a confession
Qualifications
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Must be knowledgeable in the art and science of criminal investigation
Use psychology
Salesmanship
Dramatics
Open-minded
Maintain control
Control your personal reactions
Not openly domineering
Qualifications
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Positive, firm approach
Persistent and persuasive
Active listener
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DIFFERENCES BETWEEN
INTERVIEWS AND INTERROGATIONS
Interview
• A planned conversation with a specific goal
Interrogation
Who? What? When? Where? Why?
Setting
Interrogation
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Different from an interview
o Process is controlled by the interrogator
o Interrogator is in command
o Governs number and kinds of interruptions
o Distractions are controlled
o Privacy is paramount
o Used as a psychological tool
Interrogation Room
• Sparsely furnished
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Proximity
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Two chairs
Table creates psychological barrier of psychological well-being on part of the suspect
Should be off to the side
Close enough to touch, but not too close
Different depending on ethnicity
Two way mirror should be small and unobtrusive
May cause some suspects not to cooperate
Video and or audio system
Preparation
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This approach does not “impress” the habitual or experienced offender
o Most are familiar with the rules and standards of conduct of the classical interrogation room
o The offender may try to become the dominant force
o The offender may try to be one the same psychological level
Skills of interrogator are even more important
Preparation
• Must be completely familiar with the facts
• Offense
Know specifically what crime(s) was committed
Date, time, place, and MO
Tools
Points of entry
Method of travel to and from scene
Complete description of property, weapons
Evidence recovered
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Preparation
• Obtain all personal background information as possible
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Aliases
Date and place of birth
Education
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Marital status
Employment history
Financial history
Prior offenses
Past and present physical and mental health
Preparation
Suspect
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Review all reports, statements of witnesses and victims, laboratory reports, all file data
Preparation
Suspect
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Pay attention to both verbal processes and no verbal actions (body language)
Obtain any and all admissions made by the suspect (partial)
PREINTERROGATION CHECKLIST
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Many investigators find it useful to complete a pre-interrogation checklist to assist them in adequately
preparing for their meeting with the suspect.
Preparation
• Victim
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Learn as much as possible about the victim
Background
Nature of injury or loss
Attitudes toward investigation
Evaluate what is known about the suspect
What could have made victim a target
Enemies
Risk factors
Business/life insurance policies
Interview
Victim
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Try to ensure victim is not cold, sleepy, hungry, physically uncomfortable, or intoxicated
Avoid interviewing if suffering from severe emotional distress
Wait until person becomes lucid
Be as thorough as possible during the first interview so that it does not become necessary to
reinterview
o Inconvenience to witnesses/victims
o Investigator seems unprepared
o May lose cooperation
Preparation
• Witness
Know as much possible about him/her
Criminal record
Motivations
Witness
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Witness information is elicited as perceived through one or more of the five senses
o Sight
o Hearing
o Smell
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Taste
Touch
Interview
• Anyone who may have knowledge of the event and whose information may contribute to
the investigation.
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Victims
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Other participants
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Witnesses
PRIVACY--Separate and isolate.
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Prevents witnesses from seeing or hearing irrelevant matters that might taint their knowledge
Interview as soon as possible
Witness
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Must establish
o Presence
o Consciousness
o Attentiveness
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Consider
o Immediacy
o Privacy
o Convenience
o Control
Police Interview
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Police interview witnesses separately
Setting
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Psychological advantage in selecting time and place of interview
o Law enforcement facility advantageous over home or office
o At home/office witness may feel as though he/she is in a better position to control interview
o Investigator must always be in control!
Privacy
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Extremely important
Avoid distractions
If on-the-scene interview, make every effort to find a private area
Witnesses: Motivations, Perceptions, & Barriers
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May be conscious choices or subconscious stimuli
Must recognize and overcome
Consider age, physical characteristics, and emotions
Some may not want to get involved
o Fear of law enforcement
o Immigrants
o May be suspicious of motives of interviewer
Witness
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Never take a witness’s explanation at face value
o Could be deceitful and provide incorrect information
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Witness
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Visual infirmities
o 3/4s of older women and ½ of older men experience moderate to severe changes in visual
functions
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Hearing Loss
o Gain person’s attention
o Speak from a distance of 3-6 feet
o Speak clearly
o Control external noises
Witness
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Competency
o Personal qualifications for testifying in court
o Legal ability to function as a sworn witness in court
 Age (young and old)
 Level of intelligence
 Mental state
 Relationship to individuals involved in the case
 Husband/wife
 Parent/child
Has nothing to do with believability
Eyewitness Identification
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Relied heavily on by law enforcement and courts
Research shows eyewitness testimony is the most unreliable form of evidence
Human perception is sloppy and uneven
Takes place in a “social context”
Human memory is selective and constructive
Gaps are filled by the observer to produce logical and complete sequence of events
CHALLENGES IN RELYING ON EYEWITNESS IDENTIFICATION
• The significance or insignificance of the event to the witness
• The length of the period of observation by the witness
• The lack of ideal conditions for the witnesses
• The psychological factors internal to the witness
• The physical condition of the witness
• The expectancy of the witness
EYEWITNESS IDENTIFICATION
Factors that limit a person’s recollection
• The significance or insignificance of the event
• The length of the period of observation
• Lack of ideal conditions
Poor lighting, distance, fast movement, crowd
• Psychological factors internal to witness
• Physical condition of the witness
Injured, intoxicated
• Lack of familiarity with members of another race or ethnic group
• Expectancy
Perceiving things in the manner in which he/she expects them to appear
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Witness Intimidation
• Implicit threats, looks, or gestures
• Explicit threats of violence
• Actual physical violence
• Property damage
• Other threats, such as challenges to child custody or immigration status
• Confronting witnesses verbally
• Sending notes and letters
• Making nuisance phone calls
• Parking or loitering outside the homes of witnesses
• Damaging property
• Threatening children, spouses, parents, etch.
• Assaulting or even murdering witness or family members
Response Strategies for Witness Intimidation
• Form multi-agency partnerships
• Strength ties between police and community
Increase visible patrol
• Minimize the risk of witness identification when reporting crime or offering statements
• Reduce the likelihood of contact between witnesses and offenders
Alter routines and schedules
• Transport witnesses to and from work and school
• Keep witnesses and defendants separated at the courthouse
• Relocate witness
Deterring Intimidators
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Admonish
Visit his/her family and friends to caution
In court, ensure judge is aware
Request high bail and no contact orders
Documenting Interrogations
Three main phases:
1. Note-taking
2. Recording
3. Obtaining written statements
Documenting Interviews
1. Note-taking (hand written)
Can be distracting or suspicious to a witness
 Witnesses may be reluctant to give information knowing it’s being documented
 Explain why it’s necessary
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Interviewer may become preoccupied with taking notes
 Creates appearance of inattentiveness
 Should keep to a minimum, recording only salient details
As soon as possible after the interview, the investigator should complete the notes
before his/her memory wants
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Documenting Interrogations
2. Electronic recording
Best means
Mandatory or discretionary:
 Often required by agency
When to begin:
 Most agencies, from the pint Miranda warnings are given until the interview is ended
Crimes under investigation:
 Usually only record “major” or “serious” felony investigations
Equipment:
 Different number and location of cameras
Suspect’s Knowledge:
 “one party” or “two party” consent laws differ by state
Documenting Interviews
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Recording
o Audio is inexpensive and easy
o Video, if at police station
Advantages
o All information recorded in witness’s own words
o Details not left to be recalled by human memory
o Eliminate detracting note-taking
o Can listen to the verbatim conversation later
Disadvantages
o Prosecutors do not necessarily want interviews recorded
o Any minor inconsistencies in witness or victims statements may be blown way out of
proportion later by defense attorney
Documenting Interrogations
Audio/Video Recording
• Efficient and powerful tool
• Creates a permanent record of what actually occurred
• Averts accusations of police misconduct or non-voluntariness of statements
• Can show jury suspect’s attitude
o Evasive/forthcoming
• Can focus on suspect and not note taking
Documenting Interrogations
3. Written statements
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Signed written statement
If suspect cannot write:
o Typed or handwritten statement by someone else that is signed in the accused’s own hand
Typed or otherwise prepared statement that the accused does not sign but acknowledges in front of
witnesses
Oral testimony of a person who was present and overheard the subject give a confession or
admission
Should indicate was given freely and voluntarily
Allow to write in a free-flowing manner
May use question-and-answer format
End should state suspect read statement or it was read to him, and contents and implications are
understood
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Documenting Interrogations
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Written statements
o Ensure each page is numbered and signed by suspect
o Allow suspect to read final copy and initial
o There should be one witness to attest to authenticity of statement and circumstances under
which it was obtained
COMPARISON TYPES OF INTERVIEW DOCUMENTATION
COMPARISON TYPES OF CONFESSION DOCUMENTATION
CONFESSIONS
Why People Confess
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Most people cannot keep a secret!
Some estimate that 80% of people will confess to a crime
Two categories
1. Guilty parties who psychologically need to “get it off their chest”
2. Persons who are not guilty but who act under some urge to confess
Confessions
• A conviction is not usually solely based on a confession
Should be some other independent corroborating evidence
• Most guilty individuals who confess are, from the outset, looking for the proper opening
during an interrogation to communicate their guilt
• A good interrogator provides the individual with the proper opening and reason to
confess
Relieves psychological and physiological pressures that have built up
Job is to make it easy for a suspect to confess
False Confessions
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An admission of guilt followed by a narrative statement of what, how, and why the confessor
committed the crime.
Discovered that confessed crime was not committed
New evidence shows it was physically impossible for the confessor to have committed the crime
The actual offender is captured and implicated
DNA and other scientific evidence affirmatively establishes the confessor’s innocence
Saul Kassin and Lawrence Wrightsman
Taxonomy of False Confessions
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Voluntary
Coerced-compliant
Coerced-internalized
Voluntary False Confessions
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People who claim responsibility for crimes they did not commit without prompting or pressure from
police
High profile cases
Usually disproved at the outset by confessor’s ignorance and inability to provide corroborating details
about the crime
Why confess?
o Pathological need for attention or self-punishment
o Feeling of guilt or delusions
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Perception of tangible gain
Desire to protect parent, child, or someone else
Coerced-Compliant
False Confessions
• Person is induced to confess through the processes of police interrogation
• Capitulates (gives in) in order to escape a stressful custodial situation, avoid physical or
legal punishment, or gain a promised or implied award
• Not being allowed to sleep, eat make a phone call, go home, or, if drug addict, feed habit
• Perceives short-term benefits of confession outweigh the long-term costs
Coerced-Internalized
False Confessions
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Innocent but vulnerable suspects confess and come to believe they committed the crime in
question
A belief that is sometimes accompanied by false memories
“Memory distrust syndrome”
o Whereby people develop a profound distrust of their own memory that renders them
vulnerable to manipulation from external cues
Michael Crowe
Reducing Possibility of False Confessions
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Use police skill teams
Provide mandatory police training
o Is the suspect trying to eliminate friends, relatives, close associates
o Is suspect trying to distract police from other motives
o Did police officers or media provide too much information
o Date and time of death
o Location of crime
o Positioning of the body
o Wounds to the body
o Instrumentation of death
Reducing Possibility of False Confessions
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Provide mandatory training on special interview considerations in dealing with populations most
vulnerable to false confessions
o Juveniles
o Mentally impaired
o Those under the influence of alcohol/drugs
Review existing policies
Ensure the voluntariness of the confession
o No coercion was used
o Not under influence of alcohol or drugs
Free-and-Voluntary Rule
Brown v. Mississippi (1936)
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Three black tenant farmers confessed to murder after they were whipped with a steel-studded leather
belt
Under no circumstances should a confession be considered freely and voluntarily given when it was
obtained as a result of physical brutality and violence inflicted
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Free-and-Voluntary Rule
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Grounds for inadmissibility
o Threatening bodily harm
o Using psychological coercion
o Engaging in trickery or deceit that would result in a false confession
o Holding a suspect incommunicado (not permitting communication with outsiders)
McNabb v. U.S. (1943)
Delay-in-Arraignment Rule (federal)
• McNabb and family were involved in bootlegging. Federal officers investigating them
were killed.
• McNabb was held incommunicado for several days before being taken before a
magistrate.
• He subsequently confessed, confession was admitted into evidence, and he was convicted.
• Conviction was reversed due to failure of federal officers to take him before a committing
officer without unnecessary delay.
• As a “matter of law,” the procedural violation rendered the confession inadmissible.
REQUIREMENTS IMPOSED ON POLICE BY MIRANDA V. ARIZONA (1966)
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Miranda was interrogated in regard to a kidnapping and rape for several hours and signed a confession
that included a statement indicating it was voluntarily given.
The police are required to advise in-custody suspects of:
o The right to remain silent
o The right to be told that anything said can and will be used against him or her in court
o The right to consult with an attorney prior to answering any questions and the right to have an
attorney present during the interrogation
o If the suspect cannot afford to pay for an attorney, the court will appoint one
THE IMPACT OF MIRANDA V ARIZONA AND OTHER SUPREME COURT CASES
• The Supreme Court in the 1960s established a number of legal requirements regarding
interrogation of suspects
• Issues Involved Included:
Fifth Amendment protection against self-incrimination
Sixth Amendment guarantee of right to counsel
• Miranda v Arizona was the critical decision underscoring rights for suspects being
interrogated
ERNESTO MIRANDA
The now famous Miranda rights are critical in the process of interrogating suspects
Suspect’s Response
1. Suspect may remain silent
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Does not imply consent
2. Suspect may request counsel
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Cannot undertake any questioning
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Edwards v. Arizona (1981)
o No police-initiated interrogation may lawfully take place once the suspect has invoked
the right to counsel, the attorney has been provided, and defendant voluntarily begins to
talk
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Minnick v. Mississippi (1990)
o Once counsel is requested, interrogation must cease
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Officials may not reinitiate interrogation without counsel being present
Suspect’s Response
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Maryland v. Shatzer (2010)
o Accused of sexually abusing son
o In prison on unrelated offense
o Invoked Miranda. Interrogation ceased.
o Returned to general population.
o Another detective reopened investigation 3 years later, waived rights this time.
o Because break in Miranda custody lasted more than 2 weeks between first and second
interrogation, statements allowed
Suspect’s Response
3. Suspect may waive his or her rights and agree to talk with law enforcement without the
benefit of counsel
RIGHTS WAIVER FORM
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Police departments use these forms to document:
o Rights have been given to the suspects.
o Suspects acknowledge they understand the rights.
o Suspect signs waiver of their rights.
Suspect’s Response
4. Suspect may indicate a desire not to talk with the investigators.
In-Custody Interrogation
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Custody
o When a person is deprived of his/her freedom in a significant way or is not free to leave the
presence of law enforcement
Rhode Island v. Innis (1980)
• Robbery suspect being transported.
• Had been advised several times of his rights.
• During the trip, officers were having a conversation about the case, and one commented how
terrible it would e if some unsuspecting child find the missing shotgun and got hurt.
• Conversation not directed at suspect. Interrupted and told where shotgun was.
• Court ruled was interrogation. Perception of suspect he was being interrogate, not intent of
police.
In-Custody Interrogation
Interrogation
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Any express questioning or any verbal or nonverbal behavior by a law-enforcement officer that is
designed to elicit an incriminating statement or response from the suspect of a crime.
“Christian Burial Speech”
o Suspect of murdering girl transported between cities
o Investigator told suspect weather was turning cold and snow likely. It would be difficult to
find body later. Parents entitled to a Christian burial.
o Suspect confessed and led police to body.
o Held to be interrogation even though direct questions had not been asked.
Recent Court Decisions
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Berghuis v.Thompkins (2010)
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The Court held that unless and until the suspect actually stated that he was relying on that right, his
subsequent voluntary statements could be used in court and police could continue to interact with (or
question) him. The mere act of remaining silent was, on its own, insufficient to imply the suspect has
invoked his or her rights. Furthermore, a voluntary reply even after lengthy silence could be construed
as implying a waiver.
Totality of Circumstances
U.S. v. Lee (1982)
Lee questioned for 1 ½ hours in the car of two federal agents concerning his wife’s death.
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Lee agreed to answer questions and was told he was free at any time to terminate the interview and
leave.
He was advised of incriminating evidence, and ultimately confessed to killing his wife but was not
arrested until the next day when he voluntarily appeared at the police station for further questioning.
He was not advised of his rights.
Statement was excluded based on the fact that Lee was in custody and was not free to decline the
interview under the circumstances, even though he had not been formally arrested.
Orozco v. Texas (1969)
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Confession was inadmissible when given after the defendant was questioned in his bed in the middle of
the night by four police officers.
New York v. Quarles (1984)
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The strong public safety concerns justifying the court creating an exception to the requirement that
officers provide Miranda warnings before asking questions.
The officer’s trying to retrieve a weapon he knew was somewhere nearby so that no accomplice or
customer would pick it up and start shooting protected the public, and this type of action should not be
discouraged.
Berkemer v. McCarty (1984)
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Miranda applies to the interrogation of an arrested person regardless of whether the offense is a felony
or a misdemeanor
To make a distinction would cause confusion because often is is not certain whether the person taken
into custody is to be charged with a felony or a misdemeanor
STEPS IN INTERVIEW PROCESS
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Interview consists of:
o Beginning, middle, end
Beginning should be a time:
o When the investigator can identify himself or herself
o When the investigator can discuss the purpose for the interview
o When the investigator establishes rapport
Middle
o The investigator gathers information
Ending
o Thank the witness for his/her cooperation
THE INTERROGATION PROCESS
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Beginning the interrogation
Composing and asking questions
Recognizing and coping with deception
Verbal signals and non-verbal signals
Statement analysis
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INTERROGATION TECHNIQUES AND APPROACHES
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Logical approach
o Based on common sense and sound reasoning
Emotional approach
o Appeals to suspect’s sense of honor, morals, righteousness, fair play, justice, family pride,
religion, decency, and restitution.
o Works better with first-time offenders.
Sympathetic approach
o Gives the suspect a way out, a way to save face
o Rationalization – plausible way to explain actions
o Projection – placing blame on someone else
o Minimization – may provide psychological satisfaction
INTERROGATION TECHNIQUES AND APPROACHES
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Indirect approach
o Using physical evidence, photographs, and sketches
o Challenging all lies
“Mutt & Jeff” approach
o Good-guy/bad-guy
o One rejects and refuses all explanations
o Other makes an emotional appeal and offers friendly assistance
Playing one suspect against another suspect
Reid Technique
Confrontation
Getting suspect’s attention
Bringing suspect into conversation
COGNITIVE INTERVIEW TECHNIQUE
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A method of jogging the memory of an eyewitness
o Encouraging the free flow of thoughts
o Looking at the event from different perspectives
COGNITIVE INTERVIEW TECHNIQUE continued
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Four basic techniques to elicit information
1. Asking the witness to think about the general circumstances
2. Report everything, no matter how minor or unimportant it may appear
3. Recall events in a different order
4.
 Most significant event
 Work backward and forward from that point
Change perspectives by looking at the event from the standpoint of a third person
NEURO-LINGUISTIC PROGRAMMING—THREE BASIC CONCEPTS
• Neuro comes from the idea that behavior originates from neurological processes
involving the five senses (seeing, hearing, smelling, tasting, feeling)
• Then we communicate our life experiences through language
• Programming refers to how we organize our ideas and actions to produce results
• The investigator understands these concepts and can get in “sync” with the witness
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IMPORTANCE OF LISTENING DURING INTERVIEWS AND INTERROGATIONS
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Investigators can conduct a successful interview only if they are good listeners
Listening is as valuable a tool as questioning
To be effective, one must be an active listener
DETECTION OF DECEPTION
Comfort Zone
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How the questions are asked
How the investigator sits—too close or not close enough
o If a person’s personal space is violated, s/he will have a tendency to act nervous
Looking at the suspect suspiciously or not
Defining Signs of Comfort
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People who are comfortable display their bodies more openly, showing more of their torsos and the
insides of their arms and legs
o They allow ventral access or fronting
With strangers, comfort is more difficult to achieve, especially in a stressful situation such as a formal
interview or a deposition
Defining Signs of Comfort
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Synchrony in nonverbal behavior
o Breathing rhythm, tone and pitch of speech, and general demeanor will be similar
Mirroring (isoparaxis) occurs when someone is comfortable with another person
Mirroring
Signs of Discomfort
Asynchrony
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Barrier to communication
o Serious obstacle to a successful interview or discussion
o Common in people not speaking the truth
o Sign of stress to conceal
o Guilty knowledge make them uncomfortable
Signs of Discomfort
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Displayed in our physiology, due to arousal of the limbic brain
o Heart quickens
o Perspire more
o Breathe faster
o We tend to move our bodies in an attempt to block or distance ourselves from the source of
our discomfort
o We rearrange ourselves, jiggle our feet, fidget, twist at thee hips, drug our fingers when we
are scared, nervous, or significantly uncomfortable
Signs of Discomfort
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Best setting
No objects (furniture, tables, desk, or chairs) between the person being observed and the investigator
Movements of the lower limbs are particularly revealing
A deceptive individual will use obstacles or objects to form a physical barrier between the investigator
and him/her
Sign of concealment
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Signs of Discomfort
• Rubbing the forehead
• Covering the throat
• Difficulty swallowing
• Clearing the throat
• Coughing
• Covering or twisting the mouth
• Biting or licking lips
• Yawning and sighs
• Itching and rubbing the nose, mustache or beard
Signs of Discomfort
• Tugging at the ears or covering the ears
• Pulling the hair or grooming it
• Flushing of the skin or becoming extremely pale
• Squeezing the face
• Rubbing the neck
• Stroking the back of the head with a hand
• Rolling their eyes in disrespect
• Picking lint off themselves (preening)
Signs of Discomfort
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Talking down to the persons asking the questions
Giving short answers
Becoming resistant, hostile or sarcastic
Displaying microgestures with indecent connotations
Diminution of touching
When deceptive, liars rarely touch or engage in other physical contact with the investigator
Facial expressions
o Grimace
o Mouth quivering
o Facial expression lasts too long or lingers
Signs of Discomfort
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Holding a smile for an unusual period of time
Eye-blocking
o Closing eyes (as to block something s/he does not want to hear)
o Analogous to folding one’s hands tightly across the chest or turning away
Eyelid fluttering
Little or no eye contact not necessarily a sign of deceit
Psychopaths
Con artists
Habitual liars
Cultural
Signs of Discomfort
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Head movement
Shaking in affirmative or in the negative is delayed or occurs after the speech
o Is an attempt to further validate what has been said
Face can conversely be flush or lighten in color
Hiding or restraining hands or lips (compressed)
Trembling of the body
Voice may crack
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Swallowing hard
Pacifying Behaviors
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Physical barriers we use to calm ourselves
The brain requires the body to do something that will stimulate nerve endings, releasing calming
endorphins in the brain so the brain can be soothed
Expect some pacifying behaviors
• Some is normal
o People do it to calm themselves
o Some is in response to stress
 Massage neck
 Stroke face
 Play with his/her hair
Pacifying Behaviors
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Expect initial nervousness.
o Someone who’s being told their a suspect of a murder or rape would obviously be a little
nervous
Get the person to relax.
Ask questions or discuss topics that are not stressful
Establish a baseline
Look for increased use of pacifiers
As interview continues, pacifying behaviors will increase
Note which questions bring about stress
Pacifying Behaviors
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Ask, pause, and observe
o Avoid staccato-fashion questioning
Keep the interview focused
o Ask pointed questions which elicit behavior manifestations
Chatter is not truth
o S/he may be trying to obfuscate the facts
Stress coming in and going out
o When first asked threatening question may first withdraw, followed by pacifying behavior
Isolate the cause of the stress
o Is it nervousness or deception?
DECEPTIVE BEHAVIORS
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Lack of emphasis in hand behaviors
Lack of arm movement or leg movement
Less steepling of the fingers
Sitting as though in an “ejector seat”
Head, neck, arms, and legs held in place with little movement and arms are clutching armrest
DECEPTIVE BEHAVIORS
•
Swearing to the truthfulness of assertions:
o Avoidance of touching objects
o Rarely say “I did not do it!” while pounding fist on table
o More commonly say “I swear to God!” “If I’m lying may my children die or lose their
eyesight!” “I am a very religious man.” “I have a spotless record.” “I couldn’t do
anything like that.”
o Believes that these statements add forcefulness or conviction to their assertions of
innocence
o Or statements are very weak, non-emphatic, mild gestures
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DECEPTIVE BEHAVIORS

People who are being deceptive lack commitment and confidence in what they are saying
o Neocortex (thinking brain) decides what to say in order to mislead
o Limbic system (honest, emotive part of the brain) is not committed to the ruse and therefore
does not emphasize the statements using nonverbal behaviors
o Sentiments of limbic brain are hard to override
DECEPTIVE BEHAVIORS

The rogatory position:
o Arms outstretched in front of their bodies, with palms up (“prayerful”)
o Individual is supplicating to be believed, thus statement should be highly suspect
o Innocent people should not have to “plead” to be believed
Polygraph
• John Larson (1892-1983)
first workable polygraph
• Indicators of a person’s cardiovascualr pattern and fluctuations, respiratory patterns and
fluctuations, and changes in skin resistance or sweat on fingertips
• Is an adjunct to, but never a substitute for other methods of investigation
• May help narrow the scope of investigation.
• Accuracy varies from 64% (laboratory studies) to 98% (real world).
Difference may be due to subjects in lab not really in jeopardy for lying
Computer Voice Stress Analysis


Notes microvariations in the audible and nonaudible portions of speech
Accuracy has varied, but field evaluations have shown a 96% accuracy rate
End of chapter 5