Farrugia 2022

Chapter One: From Interrogation to Investigative Interviewing

Introduction

  • Importance of interviewing in police investigations (Walsh & Oxburgh, 2008; Williamson, 2007)

  • Early practices influenced by American interrogation methods (Reid Interrogation Technique)

  • Shift towards PEACE model due to high-profile miscarriages of justice (Williamson, 2006)

  • Focus on information-seeking rather than coercive measures

  • Outline of legislation changes and psychological literature impacts

The Role of Interrogations: The Reid Interrogation Technique

  • Initial lack of training for police officers in suspect interviewing (Milne & Bull, 1999)

  • Reid Technique principles:

    • Case solutions often require a confession

    • Criminals usually won’t confess unless pressed in private

    • Investigators may use less refined methods with offenders than with law-abiding citizens.

  • Two-stage approach:

    • Behavioral Analysis Interview (BAI): Non-accusatory, aimed at establishing innocence or guilt.

    • Nine-step interrogative process

The Behavioral Analysis Interview (BAI)

  • Elicits information to identify guilt or innocence

  • Types of questions:

    1. Non-threatening

    2. Investigative

    3. Behaviour-provoking

  • Research shows high accuracy in distinguishing truth from lies, but methodology concerns exist (Horvath et al., 1994)

  • Critique of indicators of deception used by Inbau and colleagues for being unreliable (Vrij, 2005)

False Confessions and Miscarriages of Justice

  • Definition and types of false confessions (Kassin & Wrightsman, 1985)

    1. Voluntary

    2. Coerced-compliant

    3. Coerced-internalised

  • Link between false confessions and miscarriages of justice (Drizin & Leo, 2004)

  • Example: Maxwell Confait case led to scrutiny into interrogation methods

Investigative Interviewing in England and Wales

  • Changes initiated by Fisher Inquiry and Royal Commission on Criminal Procedure

  • Introduction of Police and Criminal Evidence Act (PACE, 1984)

  • Transition from interrogative to investigative interviewing

  • Development of the PEACE model in the 1990s

    • PEACE: Planning, Engage, Account, Closure, Evaluation

  • Importance of training for effective interviews

Questioning Strategies in Investigative Interviews

  • Need for appropriate questioning methods to elicit reliable information

  • Types of appropriate questions:

    • Open questions (TED: Tell, Explain, Describe)

    • Probing questions (5WH: What, Where, Who, When, Why)

  • Common use of inappropriate questions (closed or leading) despite training

  • Special considerations for vulnerable individuals

Summary and Conclusion

  • Progress from coercive interrogation methods to a focus on investigative interviewing

  • Challenges remain in ensuring effective questioning strategies and understanding question types

  • Highlighted vulnerabilities in suspects can impact the accuracy of their accounts