R E V I E W O F I N V E S T I G AT I V E I N T E R V I E W I N G
Investigative interviewing:
THE LITERATURE
Mary Schollum
September 2005

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R E V I E W O F I N V E S T I G A T I V E I N T E R V I E W I N G
Investigative interviewing: THE LITERATURE
Mary Schollum
September 2005
ISBN 0-477-10011-2
Published by
Office of the Commissioner of Police
PO Box 3017
Wellington
www.police.govt.nz

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ABOUT THE AUTHOR
Mary Schollum (BA, MPhil) has worked for New Zealand Police since Feb 1991. She has held positions in
areas dealing with research, evaluation, statistics, policy analysis and advice, strategic planning and project
management.
Any opinions expressed in this report are those of the author. They do not necessarily represent the views of
the New Zealand Police.
"Society cannot afford investigative interviewing to be poor. This
affects people's perceptions of the criminal justice system. The
guilty get away, the innocent are convicted, justice for children and
vulnerable adults is inadequate. Poor interviewing is of no value to
anyone; it is a waste of time, resources and money. No one wins.
People will not come forward if they have no confidence in the quality
of investigators' interviewing techniques".
From: Rebecca Milne & Ray Bull.
Investigative Interviewing: psychology and practice.
John Wiley and Sons Ltd: Chichester, 1999, p191.
Published by Office of the Commissioner
New Zealand Police
Wellington
www.police.govt.nz

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REVIEW OF INVESTIGATIVE INTERVIEWING
Table of Contents
Summary
3
Interviewees
37
Witnesses
37
Vulnerable witnesses
38
Overview
8
Suspects
39
Introduction
8
Juvenile suspects
40
Structure
8
Resistance from interviewees
41
Limitations
9
The PEACE model of interviewing
43
Definitions
10
Lead up to the PEACE model
43
Development of PEACE
43
Interview
10
Wide use of PEACE
44
Victim and witness
10
Description
44
Complainant
11
Implementation
47
Suspect
11
Does the PEACE model work?
48
Interrogation versus interviewing
11
Failure to live up to expectations
49
Investigative interviewing
13
2001 evaluation of PEACE training
49
Investigator / detective
13
Effect of PEACE training
51
Supervision
51
The importance of investigative interviewing
15
Formal assessment
52
Types of interview
15
Breaches of PACE Act
53
Why investigative interviewing is important
15
Wider applicability
53
The interviewer
16
Understanding factors influencing interviews
17
Major interview techniques
54
Witness or suspect interviews - which are
Introduction
54
more important?
17
Questioning
54
Emphasis on getting a confession
18
Cognitive interviewing
58
Enhanced Cognitive Interview
59
Ethical interviewing
20
Interviewing traumatised victims
61
Introduction
20
Research findings
61
Background
20
Adoption of the CI
62
Unethical interviewing
20
Limitations and practical issues
63
Ethical interviewing
21
Move away from CI techniques for
Miscarriages of justice
22
general training
65
Improvements
23
Discussion
65
False confessions
24
Free recall
66
Principles of investigative interviewing
25
Conversation management
67
Tool-kit of techniques
68
Terminology
70
The influence of psychology
27
Background
27
Memory
28
Other interview techniques
71
Body language or non-verbal
Forensic hypnosis
71
communications (NVCs)
33
The polygraph
72
Deception
34
Statement analysis
73
Suggestibility
35
RPMs
76
Interrogation techniques
77
Mutt and Jeff
80
Focused interviewing and analytic interviewing
80
Conclusion
80
1

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Investigative Interviewing: THE LITERATURE
The ACPO investigative interview strategy
81
Location of interviews
94
Introduction
81
Introduction
94
Recommendations
81
Interviewing suspects
94
Commitment
81
Optimal fitout
94
National training material
82
Interviewing victims and witnesses
95
Further work
82
Remote monitoring
95
Core Investigative Doctrine
82
Training
97
Technology and interviewing
84
Training content
97
Introduction
84
Purpose of training
98
United States
84
Length of residential training
98
Effect of different camera angles
85
The law
98
FBI interactive computer programme
86
Vulnerable interviewees
98
England and Wales
86
Assessment of training effectiveness
99
Video compared with audio
87
Annual appraisal process
99
Admissibility
87
Training staff to assess the quality of interviews 100
Continued reliance on written statements
88
Use of a national register
100
Recording witness interviews by electronic/
Specialist interviewers
102
digital means
88
Written statement still required
89
Practical aspects of recording all witness
Conclusion
103
interviews
90
Selection criteria
90
Transcription
90
References
104
Recording equipment
91
Cost
91
Savings
92
Admissibility of digital recordings
92
Willingness to be recorded
92
Going digital
93
2

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REVIEW OF INVESTIGATIVE INTERVIEWING
SUMMARY
This summary presents key points from the international
·
Interviewers need to appreciate the contribution
literature about investigative interviewing
made by the interview to the success of an
investigation and that this success relies on the
GENERAL
goodwill and cooperation of victims, witnesses and
the community.
The information collected in an interview must be
·
Eyewitness testimony and confessions are
accurate, relevant and complete.
considered the most persuasive forms of evidence.
·
A large proportion of suspects readily make
Research suggests effective interviewers are those who:
admissions. Interviewers should make sure they get
·
have a knowledge of the psychology of interviewing
as much information as possible and not close the
and scientific experimentation
interview prematurely.
·
have received a thorough grounding in a wide range
·
The vast majority of suspects who admit to wrong-
of practical techniques to draw on in interviews as
doing do so early in the interview.
appropriate
·
Despite the best efforts of the interviewer, few
·
have had the opportunity for substantial practice in a
suspects change their story once they have denied
learning environment, and
wrong-doing.
·
are supervised and given feedback on their real-life
interviews.
ETHICAL INTERVIEWING
·
Interviews should be conducted with integrity,
DEFINITIONS
commonsense and sound judgement.
·
A `witness interview' is the generic term for any
·
Using unfair means to get a confession (noble cause
interview with a victim, witness or complainant.
corruption) is never justified
·
Special attention needs to be paid to `vulnerable',
·
Interviewers must avoid unethical behaviours such as
`intimidated' and `significant' witnesses.
making threats or promises or using coercive and
oppressive tactics.
·
The usefulness of the term `interrogation' for the
questioning of suspects is outweighed by the
·
Ethical interviewing involves treating the suspect with
negative connotations of the term, and doesn't take
respect and being open-minded, tolerant and
account of the possibility of a willing subject.
impartial.
·
The England and Wales training material has
·
If offenders believe they have been treated well they
abandoned the term `interrogation' in favour of
are less likely to form a negative view of police or to
`investigative interviewing' to describe all interviews
communicate a negative view of police to others.
with victims, witnesses and suspects.
·
Many miscarriages of justice have resulted from
·
There are increasing calls for police officers to be
police malpractice.
seen as `investigators' from the start of their careers.
·
Police must be aware of why some people will make
false confessions. These occur in different ways and
THE IMPORTANCE OF
for different reasons, including dispositional (eg age,
personality characteristics, intellectual impairment,
INVESTIGATIVE INTERVIEWING
etc) and situational (eg isolation, confrontation and
minimisation) factors.
·
Investigative interviewing is the major fact-finding
·
The seven principles of investigative interviewing
method police officers have at their disposal when
developed by the Home Office in 1992 for use by
investigating crime. They have to do it well.
England and Wales have stood the test of time and
·
Quality investigations require quality investigative
have been adopted by other western jurisdictions.
interviews.
·
Officers must recognise that every interview is unique
and potentially generates intelligence which can be
used not only in the specific investigation but also in
other policing activities.
3

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Investigative Interviewing: THE LITERATURE
·
Police need to appreciate the many reasons why
INFLUENCE OF PSYCHOLOGY
witnesses and suspects may not be cooperative in
interviews, including fear of embarrassment,
·
Memory. The memory is made up of three sequential
retaliation, loss to themselves, legal proceedings,
stores: the sensory store, the short-term store and the
harming someone else, self-disclosure and fear of
long-term store, and involves three distinct
restitution.
processes: encoding, storage and retrieval. A first
attempt at recall usually reveals broad outlines but
little detail. A lack of interruption by the interviewer,
THE PEACE MODEL OF
and instructions to concentrate and report everything
INTERVIEWING
will greatly help get the level of detail required.
·
Body language / Non-verbal cues. Research has
The PEACE interviewing model provides a structure that
found that facial expression, voice tone, silence, body
can be used for all investigative interviews. The
positioning, eye movements, pauses in speech, and
components are:
others aspects of BL and NVCs all send messages.
P - Planning & Preparation
These may confirm, obscure, or contradict what is
E - Engage & Explain
being said. Research warns against interviewers
A - Account
developing an over-confidence in their ability to `read'
C - Closure
the interviewee's BL/NVCs.
E - Evaluation
·
Deception. There is no typical non-verbal behaviour
which is associated with deception. Despite this,
·
The PEACE model was developed by police and has
research has found that people (including both
been used extensively by police both in the United
interviewers and interviewees) often hold stereotypical
Kingdom and other western countries.
views about non-verbal behaviour which are incorrect.
·
While theoretically based the PEACE interviewing
Thus, conclusions based solely on someone's
model is also informed by the practical and
behaviour in the interview room are not reliable.
pragmatic perspective of everyday policing.
·
Suggestibility. Interviewers need to be aware that
·
From 1993, the police service in England and Wales
interviewees are vulnerable to a range of suggestive
undertook a vast programme of PEACE training but
techniques that can affect their recall.
by 2000 evaluations showed it had not lived up to
expectations. Reasons include minimal support from
management, lack of buy-in from supervisors,
INTERVIEWEES
inconsistent implementation, and limited resources to
·
The completeness and accuracy of the witness
develop and maintain the programme.
account is often the main factor that determines
·
A 2001 evaluation (Clarke & Milne) for the Home
whether or not a crime is solved.
Office found poor transfer of information and skills
·
The Youth Justice and Criminal Evidence Act 1999
from the classroom to the workplace. For example,
(England & Wales) encourages police to videotape
the research found poor use of interviewing
interviews with `vulnerable' and `intimidated' witnesses
techniques for obtaining an interviewee's account,
but leaves it to the court to decide whether the tape
little evidence of routine supervision of interviews in
will be used as the witness's evidence-in-chief.
the workplace, and misunderstandings about the
PEACE model.
·
The suspect interview is pivotal to the process of
case construction and disposition.
·
The evaluation found that interviewing of victims and
witnesses was far worse than that of suspects. This
·
Suspects are most likely to confess when they
was thought to be mainly due to a lack of guidelines,
perceive the evidence against them as being strong
the perception of a lesser `status' for witness
(by far the most important reason), when they are
interviews and the distractions present when the
sorry for their crime and want to talk about it and give
person is interviewed in an environment unable to be
their account of what happened, and when they are
controlled by police (e.g., the witness's home or
reacting to external pressure from factors such as the
work).
stress of confinement and police persuasiveness.
·
Clarke and Milne strongly recommended the tape
·
UK police take a 3-stage approach to suspect
recording of all interviews with `event relevant' victims
interviews - the `suspect agenda', the `police agenda'
and witnesses.
and the `challenge'.
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REVIEW OF INVESTIGATIVE INTERVIEWING
MAJOR INTERVIEW TECHNIQUES
GENERAL TOOL-KIT OF TECHNIQUES
The literature reveals a wide range of effective interview
COGNITIVE INTERVIEWING
tactics/techniques. The number and extent to which any
·
A dramatic increase in research and discussion of the
of them are used in any particular interview will vary
cognitive interview (CI) and enhanced cognitive
according to the skill level of the interviewer, the
interview (ECI) in the late 1990s confirmed the ability
cooperation of the interviewee, the nature of the offence/
of the techniques to improve both the quality and
incident under investigation, and the type of approach
quantity of recall in interviews with willing subjects.
being taken e.g., a recall interview, a conversation
·
Confusion has arisen as to the exact meaning of the
management interview or an ECI interview.
`cognitive interview' and `cognitive interviewing', and
the `enhanced cognitive interview' and `enhanced
·
Good first impression
cognitive interviewing'.
·
Personalise the interview
·
PEACE is the interviewing model of choice for police
·
Establish rapport
forces in England and Wales, with `free recall' and
·
Explain the aims and purpose of the interview
`conversation management' (see below) as the
·
Need for concentration
preferred interview styles for enhancing recall in the
majority of interviews.
·
Open-ended and probing closed questions
·
In the `account' stage of PEACE interviews with
·
Other types of productive questions
cooperative witnesses, officers do a free recall
·
Use of pauses and silence
interview (Tier 1), a basic ECI (Tier 2) or an advanced
·
Not interrupting the interviewee
ECI (Tier 3).
·
Body language/non-verbal communication
·
All types of interview have a range of tactics that
·
Good interviewer behaviour
officers can draw on.
·
Interviewee-compatible questioning
·
The advanced ECI is used predominantly for
·
OK to say "Don't know"
interviews calling for specialist interviewing skills e.g.,
when interviewing vulnerable, intimidated and/or
·
OK to say "Don't understand"
significant witnesses.
·
No fabrication or guessing
·
Successful interviews require a mix of cognitive,
·
Initiate a free report
interpersonal and social factors to facilitate memory
·
Focused retrieval
retrieval.
·
Activation and probing of an image
As well as the ECI, the two other internationally
·
Systematic probing of topics
recognised interview models for use within the PEACE
·
Echo probing
framework are:
·
Active listening
·
free recall (FR) - considered one of the most
·
Summarising
successful and practical methods for obtaining
·
Querying and clarification
reliable, full and accurate accounts from cooperative
·
Mirroring / synchrony
witnesses and suspects. The `recall' interview is used
predominantly by uniform investigators and
·
Sketch drawings and visual aids (e.g., maps, photos)
detectives for volume crime interviews.
·
Challenging
·
conversation management (CM) - reliable and
·
Clarification of inconsistencies
effective method for interviewing uncooperative
·
Seating arrangements
witnesses and suspects. This model can be used
·
Note-taking
across all crime types and at all levels.
·
Mutual gaze / eye-contact
·
Friendliness, patience and support
·
Praising the interviewee's efforts
·
Report everything (RE)
·
Transfer control (TC)
·
Context reinstatement (CR)
·
Varied and extensive retrieval
5

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Investigative Interviewing: THE LITERATURE
·
Change the temporal order (RO)
ACPO INVESTIGATIVE INTERVIEW
·
Change perspectives (CP)
STRATEGY
·
Focus on all senses
·
Memory jogs for names - common/uncommon, length,
·
A working group established by the Association of
first letter etc
Chief Police Officers in England and Wales (ACPO) in
·
Memory jogs for person information - appearance,
2001 to evaluate the state of investigative interviewing
clothing, characteristics etc
concluded that the PEACE model needed to be
modernised, re-introduced and supported by proper
·
Paralanguage
structures and processes.
·
Taking breaks
·
With continuing support from ACPO and the Home
·
Investigatively important questions
Office, the Investigative Interviewing Strategy for
England and Wales (and Northern Ireland) was
OTHER INTERVIEW TECHNIQUES
established in 2003 with all forces expected to submit
an implementation plan by end-2004.
·
Hypnosis. It is generally agreed that investigative
·
The strategy established a 5-tier training structure
hypnosis is risky, with the four main dangers being
and recommended comprehensive training at each
suggestibility, loss of critical judgment, confabulation
level as well as ongoing assessment in the
or lies, and the cementing of a false memory.
workplace.
·
Polygraph. Despite its continued use in parts of the
·
The strategy reinforces good practice through the
United States, polygraph testing is generally
widespread adoption of the PEACE model,
regarded as unreliable in detecting whether a person
recognition that effective interviewing requires time,
is telling the truth or lying.
concentration and flexibility, and acknowledgement of
·
Statement analysis. The scientific examination of an
the crucial role of supervision.
interviewee's words by way of a variety of techniques
·
Centrex (the national Central Police Training and
is increasingly being taught to police officers. To be
Development Authority for England and Wales)
successful it requires a record of the person's actual
developed and made available a package of training
words not a written interpretation of them.
material around each tier in 2004.
·
RPMs. These tactics (rationalising, projecting and
·
The strategy aims to create an environment in which
minimising) are commonly used by American police -
inexperienced interviewers are able to request
and supported by the courts - to get suspects to
assistance in planning and conducting interviews
confess. They help suspects justify their actions,
from supervisors and more experienced peers, and
blame others and reduce the seriousness of the
additional support is able to be provided to serious
offence. They are not advocated by police in the
cases by officers with advanced interviewing skills.
United Kingdom.
·
Other. Kalbfleisch's (1994) typology and the Reid
Technique both set out a range of tactics for
interviewing suspects. Although generally supported
by American courts, many of these tactics are
regarded in jurisdictions sharing the English common
law tradition as manipulative and oppressive.
6

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REVIEW OF INVESTIGATIVE INTERVIEWING
TECHNOLOGY AND INTERVIEWING
TRAINING
·
Most western jurisdictions have accepted electronic
·
Under the ACPO strategy, forces in England, Wales
recording as a practical and useful means of
and Northern Ireland are implementing 5 levels of
documenting police interviews with suspects.
training - 1) probationers (first 2 years in police);
·
The Police and Criminal Evidence Act 1984 made it
2) uniform investigators and detectives; 3) specialist
mandatory for England and Wales police forces to
interviewers (vulnerable, intimidated & significant
record suspect interviews by electronic means. The
witnesses, and suspects in major crimes);
recording of witness interviews is a much more recent
4) supervisors; 5) interview advisers (small number
phenomenon.
of skilled interviewers called in to assist with the
planning of major and/or complex interviews).
·
Research shows that camera angle can have a
profound influence on jurors' assessment of the
·
The core skills needing to be developed in police
voluntariness of confessional evidence.
interviewers are the ability to plan and prepare for
interviews, the ability to establish rapport, and the
·
Recording equipment is changing rapidly. VHS will
ability to carry out effective listening and effective
soon be out of date and unable to be supported.
questioning.
Police must prepare to change current videotape
systems.
·
Interview training should: impart both a theoretical
framework as well as technical competence; be a
comprehensive mix of classroom instruction,
LOCATION OF INTERVIEWS
simulated scenarios and role playing, self-monitoring,
and workplace assessment; and be focused on
·
Police should maintain as much control over the
whole-of-police and whole-of-career.
location of investigative interviews as possible. Both
·
The UK training allows one to three weeks training at
interviewer and interviewee need to concentrate,
each level, as well as ongoing assessment in the
therefore the disruptions at a witness's home or work,
workplace. Specialist interviewing courses (e.g.
or at the interviewer's desk in a busy office, are not
advanced witness or suspect interviewing) have been
conducive to an effective interview.
designed to take three weeks.
·
Suspect interview rooms should ensure cameras are
·
Monitoring and evaluation must be built into any
focused on all parties equally. Picture-in-picture
implementation programme.
technology (2 views of the interview room) is being
increasingly used.
·
Training must include supervisors and managers -
their buy-in is crucial.
·
Conversation tends to take place most comfortably at
a 90° angle (or a ten-to-two position). A face-to-face
·
Training needs to emphasise that any interviewer who
orientation can be too confrontational.
does an interview without good planning first is
merely "in a rush to get it wrong".
·
Interview rooms should have no distractions, have
any tables kept to the side of the officer rather than
·
The 5-tier interview structure established in 2003 is in
between the officer and suspect, and have aide-
the process of being incorporated into the Home
memoires available to ensure legal and other
Office/ACPO-led "Professionalising the Investigative
requirements are met.
Process" project (PIP). For example, interviewing
witnesses and interviewing suspects are two of the
·
Privacy and comfort for witness interviews are major
three components for PIP Level 1 (which comprises
considerations.
3 national operational standards for all `investigators').
·
In interviews with vulnerable, intimidated and
significant witnesses, it is increasingly being
regarded as vital to have two interviewers (one in the
interview room with the witness and one in an
adjacent room taking notes, checking the equipment
is working, and communicating with the main
interviewer about inconsistencies and things that may
have been missed).
7

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Investigative Interviewing: THE LITERATURE
OVERVIEW
INTRODUCTION
STRUCTURE
The most important factor in a criminal case is the
This review provides an overview of investigative
interview. This is the view of many commentators (e.g.,
interviewing within policing. It may also be of interest to
Baldwin, 1993; Milne & Bull, 1999; Shaw, 2002) who
anyone who uses this type of interviewing on the job
emphasise the importance of information gained from a
including insurance fraud investigators, lawyers, and
witness, victim or suspect. Interviews will differ in
government departments.
purpose, scope and content, but all of them have the
The review outlines the efforts made by police and
same objective: to gather information (McGurk, Carr &
psychologists in recent decades to:
McGurk, 1993).
·
convey the importance of investigative interviewing
Getting information that is accurate, relevant and
complete is both demanding and complex, and must be
·
understand what happens in an investigative
carried out with care, subtlety and skill. Traditionally
interview
however, little time has been spent on this vital task
(George & Clifford, 1992; Inbau, Reid & Buckley, 1986;
·
use psychological theories and research to find out
Shaw, 1996a). Most police officers learn to interview
what makes a successful interview
victims, witnesses and suspects through a mixture of
·
examine the effectiveness of various skills and
intuition, peer example and practical experience
(Shepherd,1993; Takitimu & Reid, 1994). The dangers of
techniques
this are self-evident - officers can pick up bad habits or
·
find a basic framework and rationale to underlie
miss valuable information. Ultimately investigations can
investigative interviews
be damaged, disrupted or even destroyed.
·
produce guidelines on how to conduct interviews.
Investigative interviewing is an important area of
contemporary research. Whereas crucial matters like
The headings are designed so readers can easily look
eyewitness testimony and the nature of memory have
up topics they are interested in. Not all topics are
been explored for many decades as part of social
mutually exclusive. For example, there are separate
science, it is only in the last 20 years or so that the
sections on body language and deception. Yet one of the
implications for law enforcement have been appreciated
ways thought to help in detecting whether someone is
(Yeschke, 2003).
lying is through interpreting body language. Thus there is
overlap between these two topics, and of course many
Before this, little was known about the effectiveness of
others.
traditional interviewing techniques. The secrecy of the
police interview (or `interrogation') room led to
widespread concern about the tactics used to extract
confessions - things like intimidation, oppression,
deception, and even physical violence (Leo, 1992).
It has been shown that these tactics can lead to false
confessions, in which case a double miscarriage of
justice occurs - not only is an innocent person convicted
but the true offender remains free (Gudjonsson, 1992).
The large body of scientific, academic and practical
information now available on investigative interviewing
has been used by policing jurisdictions to improve
awareness of the pitfalls of inadequate interviewing as
well as promote the systematic training of officers in
good practice (see, for example, Bull & Cherryman,
1995; CFIS, 2004).
8

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REVIEW OF INVESTIGATIVE INTERVIEWING
LIMITATIONS
1. The contemporary literature associated with
3. Because of the absence of much New Zealand
investigative interviewing is extensive. Inevitably,
research on police interviewing this literature search
only a fraction is represented here. Readers are
relies heavily on British and, to a lesser extent,
encouraged to use the references provided to
American sources. This raises two important issues:
broaden their knowledge.
·
the review does not offer insight into police
2. Some topics have had to be left out or mentioned only
interviewing practices in New Zealand (a
briefly. Notable amongst these are areas of specialist
benchmarking exercise is being carried out as a
interviewing (e.g., child abuse), the type of
separate part of the review to provide this
`interviewing' carried out by control rooms
information); and
(emergency calls to police) and at public enquiry
·
conclusions based on non-New Zealand sources
counters, and discussion about legal requirements.
may not be generalisable to the New Zealand
These have not been dealt with because:
context due to differences in law, organisational
·
New Zealand Police are wanting to identify
policies and so on across jurisdictions.
international good practice that can be used to
Despite these issues the Anglo-American literature
develop a basic framework for investigative
provides a solid basis from which further research
interviewing. Once fully developed, this
and practice in New Zealand should proceed.
information can be picked up by various groups
and applied to specialist areas such as control
rooms and the interviewing of children;
·
the law and legal matters relate to all policing and
are therefore dealt with as part of general training
rather than as part of interview training (although
interview training needs of course to explain how
the right to silence, cautions and so on are to be
managed during interviews); and
·
the nonsworn reviewer's training is in research and
criminology. Accordingly, aspects of this project
relating to the law, sworn experience and
psychology are reported from a lay perspective.
9

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Investigative Interviewing: THE LITERATURE
DEFINITIONS
As with any specialist area, it is important to foster a
·
vulnerable witnesses - victims and witnesses under
vocabulary around investigative interviewing which is
the age of 17 at the time of the hearing, or vulnerable
founded on shared meanings (Shepherd, 1991).
by reason of mental disorder, significant impairment
of intelligence and social functioning, physical
INTERVIEW
disability or physical disorder;
·
intimidated witnesses - victims and witnesses who are
At its simplest, an interview has been called "a
in fear or distress about testifying. This may be by
conversation with a purpose" (Hodgson, 1987, p2), but in
reason of: age, social cultural or ethnic background,
criminal cases, much more than conversational skills are
domestic and employment circumstances, religious
required. Indeed, to get accurate, relevant and complete
beliefs, political opinions, or behaviour towards the
information from the interviewee, investigative
witness on the part of the accused, members of the
interviewers have to put aside many of the
accused's family or associates of the accused.
characteristics that are features of everyday
conversations, such as interrupting the other person and
Under the legislation, police can choose to produce a
asking closed questions (Baldwin, 1993; McGurk et al,
visual record of the interview which, depending on the
1993; Milne & Bull, 1999). In addition, officers need to
decision of the Court, may be used as the person's
keep in mind that interviews also involve imparting
evidence-in-chief. This matter is discussed further in the
information, e.g., explaining to the interviewee what is
section on `technology and interviewing'.
happening and why and keeping the person informed
about what will happen next (NCPE, 2005).
Significant witnesses
Many UK police forces have also recognised the need to
VICTIM AND WITNESS
visually capture the interview evidence of `significant'
witnesses (Milne & Bull, 2003). These include people
According to the Concise Oxford Dictionary 9th ed
who "may have been, or claim to have been, an eye
(1995), a victim is a person injured, killed or harmed as a
witness to the immediate event ... or the witness stands
result of an event or circumstance, and a witness is a
in a particular relationship to the victim or has a central
person present at some event and able to give
position in the enquiry" (NCPE, 2005, p87).
information about it. In terms of investigative
Heaton-Armstrong and Wolchover (1999, pp237-238)
interviewing, a `witness interview' also includes:
offer the following criteria for deciding who might be
·
any interview with a victim. This is because a victim is
`significant witnesses':
a witness to the crime against him or her (CPTU,
·
the gravity of the offence under investigation (e.g.,
1992a; Gudjonsson, 1992). Thus, much of the
homicide and serious sexual assault)
training material is set out so it deals with two types of
·
whether the witness is likely to make assertions that
interview only - witness and suspect. It is implicit that
might be disputed in subsequent proceedings
`witness' interviews include those involving victims
·
all those who are eyewitnesses to the serious/major
(CFIS, 2004).
incident under investigation
·
any interview with a person who has information
·
witnesses who have had a relevant conversation with
about the alleged offence or the offender, even if they
the suspect after the event
were not physically present at the event. This could
·
hostile or potentially hostile witnesses
include an alibi witness or an informant (Gudjonsson,
·
any person who is known to have been the last to see
1992).
the victim prior to the offence being discovered
Vulnerable and intimidated victims and witnesses
·
witnesses who discover bodies, and
·
police officers who initially responded to a serious/
Recent legislation in the United Kingdom - the Youth
major incident and either witnessed events or
Justice and Criminal Evidence Act 1999 (England and
detained the suspect.
Wales) and the Criminal Evidence (Northern Ireland)
Order 1999 - has led to the extensive use of the terms
`vulnerable witnesses' and `intimidated witnesses':
10

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REVIEW OF INVESTIGATIVE INTERVIEWING
·
"While the objective of an interview is to gain
COMPLAINANT
information, the objective of an interrogation is to gain
a confession" (Meyer & Morgan, 2000, p2).
When referring to a `complainant' i.e. the person who
·
"The goal of interviewing is to collect truthful data to
brings a case against another in court, the term has a
be used for informed decision-making and just
precise meaning (analogous to `plaintiff'). However it
action-taking. An interrogation, on the other hand, is
also has a more general meaning when used to refer to
a face-to-face meeting with a subject with the distinct
those who bring a matter to police attention thereby
objective of gaining an admission or a confession in a
instigating a police response (Gudjonsson, 1992). It
real or apparent violation of law or policy" (Yeschke,
could be equated to `victim' or `witness' although in some
2003, p49).
instances the complainant may not be the direct victim
(e.g., a mother who reports suspected abuse of her
Negative connotations
child) or even a direct witness (e.g., someone who
In recent years, the use of `interrogation' has fallen out of
reports his/her neighbour missing).
favour, not least because of criticisms that some of the
`interrogation tactics' advocated could induce false
In these types of instances, the police will interview the
confessions (Gudjonsson, 1992). The departure from the
complainant as part of the investigation; yet there seem
term is generally a response to the negative images
to be few references to `complainants' in the literature on
arising from use of the word, particularly the image of
investigative interviewing. A notable exception is McGurk
people being subjected to unpleasant, unjust and
and colleagues (1993) who list complainants as a distinct
uncaring physical and psychological tactics by those in
group who are interviewed by police. From a technical
authority over them (CFIS, 2004; Shepherd, 1991).
perspective these interviews would be treated as another
form of witness interview.
This type of negative image is captured in the term `third
degree'. Leo (1992, pp41-42) describes this as a
SUSPECT
catchall phrase for a variety of coercive strategies
associated with interrogation. He makes an interesting
case for "three ideal types of third degree interrogation":
A `suspect' is a person suspected of having committed
the offence under investigation. A suspect is also
·
`traditional' third degree - the direct application of
commonly referred to as the `offender' or `perpetrator',
physical violence, such as beating and whipping
although the latter is primarily an American term (e.g.,
suspects until they confess - common during the late
Kiley, 1998; Leo, 1992; Vessel, 1998). The increasing
19th and early 20th centuries;
use of `perpetrator' in New Zealand and the United
·
`covert' third degree - physical torture that did not
Kingdom could be through the influence of American
leave external signs of abuse, such as beating with
police programmes. A further, if somewhat extreme,
rubber hoses, the use of blinding strobe lights or
term for an offender is found in Morgan (1999, p11) who
solitary confinement, food and sleep deprivation, and
refers to `violators' - as in
prolonged questioning by a series of officers - from
around 1910 to the early 1930s;
"Later in this text, we'll look at some factors that
·
`psychological' third degree - non-physical forms of
may be applicable in a typical street encounter
coercion such as intimidation, duress, threats of
between an officer and a violator".
harm, and promises of leniency.
Leo (1992) argues that the `third degree' forms of
INTERROGATION VERSUS
interrogation have been replaced in recent decades by
INTERVIEWING
non-violent strategies based more on deception and
manipulation. The most well-known examples of these
The literature on investigative interviewing shows little
are contained in the somewhat infamous "Criminal
consistency in the use of the terms `interviewing' and
Interrogation and Confessions" by Inbau, Reid & Buckley
`interrogation', although the latter is only associated with
(1986). One of the authors, Fred Inbau, has felt it
the interviewing of suspects. For example, early material
necessary to defend his position on the tactics this book
providing information on techniques that police could
espouses:
use to try to persuade a person to confess tended to use
the term `interrogation' (see for example Inbau, Reid &
Buckley, 1986). Some observers clearly favour this
distinction:
11

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Investigative Interviewing: THE LITERATURE
"To protect myself from being misunderstood, I want
"Investigators must make a clear distinction
to make it unmistakably clear that I am not an
between the two processes of interviewing and
advocate of the so-called `third degree', for I am
interrogating subjects. An interview should
unalterably opposed to the use of any interrogation
precede every interrogation. Through the interview,
tactic or technique that is apt to make an innocent
officers learn about the subjects and their needs,
person confess. I am opposed, therefore, to the
fears, concerns and attitudes. They then use this
use of force, threats, or promises of leniency - all of
information to prepare themes or arguments to use
which might well induce an innocent person to
during interrogation. During ... this non-threatening
confess; but I do approve of such psychological
initial inquiry, investigators ... build rapport and find
tactics and techniques as trickery and deceit that
common ground with them".
are not only helpful but frequently necessary in
order to secure incriminating information from the
Limitations of making a distinction
guilty, or investigative leads from otherwise
There are various limitations to using the two terms
uncooperative witnesses or informants" (Inbau,
interviewing and interrogation. First, it encourages a
1999, p1403).
view that interrogations are somehow more important
than interviews. Shepherd (1991) explains this
Still in use
phenomenon in terms of how the two categories are
The negative connotations of the term `interrogation',
viewed by police. Victim and witness interviewing is seen
however, have by no means led to its disappearance. It
as low status, while interrogations are perceived as high
is still a strong feature of FBI and other American
status. This is because interviewing is perceived as "that
literature (e.g., Napier & Adams, 1998; Vessel, 1998;
form of conversation required when little ... resistance is
Walters, 2002; Yeschke, 2003). It could even be argued
anticipated or encountered", whereas the need for
that it is a useful distinction. For example, Swanson,
interrogation is thought to imply "a set of behaviour
Chamelin and Territo (2002) remind us that
patterns, or strategies, [needing to be] enacted by the
officer to overcome increasing, sustained or total
"of paramount importance are the myriad of legal
interviewee resistance to the officer's management of
requirements attendant to interrogations that are
information and the conversation" (Shepherd, 1991, p51).
absent in interviews".
Shepherd feels the key assumptions are that interviewing
The usefulness of the distinction is also demonstrated by
is easy and anyone can do it, while interrogation is
Morgan (1999), an experienced police officer who has
difficult and requires great skill on the part of the
designed an interviewing technique for `field interviewing'
interviewer. This leads, he says, to "muddled thinking
(as opposed to structured formal interviews) which he
and muddled practice" (1991, p56). He calls for the
calls `Focused Interviewing'. In his book, Morgan defines
police to dispense with this "counterproductive
a `field interview' as
terminological baggage" and "embark on some mental
spring-cleaning. Goodbye interviewing versus
interrogation! Hello, investigative interviewing" (1991,
"an attempt to elicit information in a field setting
p56).
which is non-confrontational in nature, compared
with a `field interrogation' which is an attempt to
Second, it could be argued that the distinctions ignore
elicit information in a field setting which is
the reality of many police interviews. `Interviewing'
confrontational in nature".
implies a discussion with someone willing to provide
information; `interrogation' implies a discussion with
In this instance, `interrogation' describes a
someone unwilling to provide information. In practice,
confrontational situation whereas `interviewing' is
many victims and witnesses may be very unwilling to talk
regarded as non-confrontational. Another American
- and many suspects may be completely willing (Milne &
author, Don Rabon (1992) offers a simple distinction:
Bull, 1999; Rabon, 1992). Distinctions which appear to
interview equates to `inquiry' and interrogation equates to
be useful (Morgan's (1999) confrontation versus non-
`persuasion'.
confrontation for example) make no sense in the face of
FBI Special Agent Vessel (1998, p3) makes a case for
an unwilling interviewee and a willing interrogatee.
breaking suspect interviews into both interview and
interrogation stages:
12

---

REVIEW OF INVESTIGATIVE INTERVIEWING
A third limitation is the fact that the distinction between
Wright (2002) uses the `Yorkshire Ripper' case, in which
witnesses and suspects can become blurred. Sometimes
13 women were killed by Peter Sutcliffe, to argue that
`witnesses' emerge as suspects (Yeschke, 2003). This is
investigation should be seen as a whole-of-police
part of the argument put forward for audio- or video-
activity. Whilst solving this case was the entire focus for
taping witness statements, particularly for homicides and
an investigative (detective) team, the final arrest was by a
other serious offences (Heaton-Armstrong & Wolchover,
sergeant and probationer on routine patrol. This
1999).
challenges the use of the term `investigator' as
synonymous with `detective'. Wright (2002) suggests
Although these days the term `interrogation' is mainly
that all police officers need to be investigators to some
found in the American literature, it does occasionally
extent, and that competency in investigation should
appear in the English literature (see, for example,
range from basic though to specialist.
Baldwin, 1994; Sanders, 1994; Sanders & Young, 2002;
and Williamson, 1994a).
Similarly, the training notes from the `Foundation Course'
of the Metropolitan Police Service (2001, p4) state:
INVESTIGATIVE INTERVIEWING
"As a uniformed police officer, you will nearly
In the early 1990s, Eric Shepherd (1991) advocated a
always be the first on the scene of a crime. In
move towards adopting the term `investigative
many cases you will be the only officer to attend the
interviewing' to describe the questioning of victims,
scene, and because of this it is your responsibility
witnesses and suspects (Gudjonsson, 1992; Ord et al,
to actively investigate the crime. In other words
2004). This was to counter public perceptions of more
you are the `investigator'. Your aim should be:
`persuasive' techniques and was implemented by police
1) to meet the needs of the victim, 2) to identify and
forces in England and Wales in 1993. It formed part of
preserve scenes of crime, 3) to initiate an
an integrated programme of training, research and
investigation that will provide the best prospect
development that resulted in the `PEACE' package
of apprehending the offender."
." [original
(Soukara, Bull & Vrij, 2002).
emphasis]
The mnemonic PEACE (which is explained more fully in
It could be argued, then, that anyone engaged in
later sections) provides the first letters of: Planning and
investigative work is an `investigator' or as Ede and
Preparation, Engage and Explain, Account, Closure and
Shepherd (2000) recommend, a `forensic investigator'.
Evaluation. This interviewing model rejects the term
They support this term by citing a model spelt out by
`interrogation' completely (see CFIS, 2004). All
ACPO leader David Phillips (formerly Chief Constable of
interviews, whether with victims, witnesses or suspects,
Kent) in 1999 which proposes that forensic investigators
are `investigative interviews'.
must fulfil the same professional criteria as forensic
scientists (Ede and Shepherd, 2000, pp112-113).
INVESTIGATOR / DETECTIVE
·
The forensic investigator must have the knowledge to
do the job competently. ... [Otherwise] the ignorant
Where crime investigation was once the sole prerogative
forensic investigator is inherently engaged in self-
of detectives (Maguire, 2003) the rise in reported crime
deception and deception of others; and is a danger,
from the mid-20th century onwards led to uniformed
whose lack of awareness is liable to produce
officers investigating so-called minor crimes such as
blunders which lead to the conviction of the innocent
theft, criminal damage and petty assaults. The `serious'
and enable the guilty to remain at liberty.
crimes were still left to detectives (Wright, 2002).
According to Ede and Shepherd (2000, p111) however,
·
The forensic investigator must have the requisite
technical skills, methods and techniques to collect,
"as more and more officers become involved in
assemble, analyse and evaluate evidence - and to
proactive and reactive investigation, the traditional
record fully and faithfully these processes and their
term detective is becoming less and less relevant.
outcomes.
Numerically speaking, as forces change their
·
The forensic investigator must adopt a rigorous `warts
policing emphases, increasing numbers of officers
and all' scientific approach. It is not about setting out
are engaged in detective work who do not have the
to confirm what an individual believes to be the case.
descriptive title `detective' before their rank. ... To
... The forensic investigator is obliged to hypothesise
add more confusion, many individuals with the title
the suspected person to be innocent, not guilty, and
detective are not engaged in recognisably
to gather and examine a suitably wide spectrum of
detective tasks!"
information to test this hypothesis.
13

---

Investigative Interviewing: THE LITERATURE
·
The forensic investigator must be open-minded. Like
scientists, they have to resist becoming partisan,
Key points
getting emotionally involved in a game that must be
1. A `witness interview' is the generic term for any
won. Should this happen, the real and growing risk is
interview with a victim, witness or complainant.
of the individual: rejecting all semblance of the
2. Special attention needs to be paid to
required disconfirmatory stance; and selectively
`vulnerable', `intimidated' and `significant'
attending to evidence that buttresses the `case
witnesses.
theory' and attaches criminality to the suspect, at the
expense of counter or equivocal evidence.
3. The usefulness of the term `interrogation' for
the questioning of suspects is outweighed by
·
It follows that the forensic investigator must be
the negative connotations of the term, and
prepared to gather and to record honestly all
doesn't take account of the possibility of a
emergent evidence irrespective of its status, whether
willing subject.
pointing to the suspect's innocence (i.e. is
disconfirmatory), to his or her guilt, or which is
4. The English training material has abandoned
ambiguous.
the term `interrogation' in favour of
`investigative interviewing' to describe all
·
The forensic investigator's performance in all aspects
interviews with victims, witnesses and
of investigation must be subject to real, as opposed
suspects.
to nominal, quality control and quality assurance
checks. Similarly, the forensic investigator whose
5. There are increasing calls for police officers to
personal performance is not monitored, is not
be seen as `investigators' from the start of their
checked, is not given feedback on errors of omission
careers.
and commission, and is subject to no sanctions for an
unprofessional performance is, in effect, told that
quality does not matter.
These professional criteria can be applied just as easily
to investigative interviewers as to investigators generally.
Given the critical importance of interviewing to any
successful investigation, there seems little doubt that
they should be.
14

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REVIEW OF INVESTIGATIVE INTERVIEWING
THE IMPORTANCE OF INVESTIGATIVE INTERVIEWING
TYPES OF INTERVIEW
WHY INVESTIGATIVE INTERVIEWING
IS IMPORTANT
Collecting information of one sort or another from people
is an essential part of a wide range of jobs. For example,
A recent article (Wilson & Fowles, 2005, p210) calls
nurses, doctors, lawyers, social workers all have to take
attention to the core role of police:
case histories from clients. The interview is indispensable
when relevant information cannot be obtained by other
"The Home Office believes that the world in which
means (Memon & Bull, 1999, piii). The police are no
the police service operates today has changed
exception. Almost every facet of police work is
beyond all recognition. Technology has removed
concerned with the problems of people (Newburn, 2003).
borders and barriers; changes in society have
It follows that the ability to talk to people is crucial.
opened up new opportunities and challenges;
Situations involving police "talking" to people include:
increasing investment in public services and a
growing consumer culture has led to rising
·
victims, witnesses and suspects involved in crime
expectations of customer service. The core role of
and crashes
the police service is, and will remain, the
prevention, detection and reduction of crime, and
·
road side interactions (issuing tickets, assisting
protecting the public."
motorists, `turning over' vehicles, administering
breath tests)
Investigation is at the heart of carrying out this role. It is
a process that the public and the criminal justice system
·
talking to the public informally (giving directions,
entrusts to the police service and assumes will be
answering questions, assessing crime prevention
conducted effectively and with integrity (Ede &
needs)
Shepherd, 2000). As stated in the "Core Investigative
·
interviewing prospective police applicants and their
Doctrine" (NCPE, 2005, p15):
families and referees
"Where individuals have been the victim of crime or
·
hostage negotiation (discussions between police and
witnessed a traumatic event, they expect the Police
hostage-takers)
Service to provide security, support and
reassurance, in addition to an effective
·
talking to people threatening to commit suicide
investigation".
·
discussions between the public and control room /
communication centre staff
The investigative search usually includes several
avenues including understanding and preserving the
·
discussions between the public and watchhouse /
crime scene, the use of forensic science, the collection
public enquiry counter staff
of real and documentary evidence, interviews, and so on
(Maguire, 2003; Walters, 2002). In practice it has been
·
internal investigations (i.e. police interviewing police).
estimated that "real and documentary evidence make up
While all the above could arguably come under the
about 20 percent of all evidence presented in courts of
umbrella of `interviewing', only some count as
law; testimonial evidence accounts for the remaining 80
`investigative interviewing'. This type of interviewing
percent" (Yeschke, 2003, p47).
occurs when information is required as part of the
This testimonial evidence usually comes from interviews
`investigative process' to find out what happened (Ord,
with victims, witnesses and suspects. Euale and Turtle
Shaw & Green, 2004). Thus investigative interviewing
(1998) regard the collecting of information from suspects
tends to be confined to questioning by police of the
and witnesses as perhaps the most valuable and most
victims, witnesses and suspects involved in crime and
elusive skill a police officer can develop. They
crashes.
emphasise how crucial it is that oral evidence is gathered
and preserved at the earliest possible stage. Memories
fade, stories alter, and originally willing witnesses
sometimes change their minds.
15

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Investigative Interviewing: THE LITERATURE
According to Williams (2000) up to 90 percent of an
Qualities in a good interviewer
investigator's activity involves gathering, sorting,
There is much advice in the literature as to what makes a
compiling, and evaluating information. The investigator
good interviewer. For example Swanson, Chamelin and
cannot function without information, and information
Territo (2002) say the aim of interview training is to
cannot be obtained without help from the public and
produce an interviewer who can make him- or herself
those involved. The testimonial evidence provided is
easy to talk to through the appropriate use of vocal
usually given orally and might subsequently be recorded
inflection, modulation, and emphasis; is able to convey
in written form. Some interviews, mainly those with
appropriate emotional responses at various times as
suspects, are recorded electronically (Milne & Bull,
needed (e.g., sympathy, anger, fear and joy); is impartial,
1999).
flexible and open minded; and knows how to use
psychology, salesmanship, and dramatics.
The literature reinforces that quality investigations require
quality investigative interviews. For example, Maguire
Yeschke (1993, pxvii) contends that good interviewers
(2003) says that one of the most prominent features of
need to demonstrate a strong sense of self-awareness,
both `generalist' and major inquiry investigative work is
confidence, purpose, vision, dedication, and
its heavy reliance on interview evidence. Similarly, the
commitment to the highest professional standards.
famous `Miranda' judgement describes the interview
Wicklander & Zulawski (2003) set out a more structured
room as "the nerve centre of crime detection" (Miranda v.
profile of a successful interviewer. They say the officer's
Arizona, 384 U.S. 436, 1966, p501).
attitude should be: objective, cordial and polite, even-
Other commentators clearly share this view:
tempered, sincere, interested and understanding. His or
her posture should be: upright, frontally aligned, leaning
"The investigative task is the core aspect of
forward on occasion, and open (no crossed arms). The
policing today and what emerges from that core
officer should maintain eye contact when asking the
task is the key element of the ability to interview"
suspect questions and when they answer, although
(Evans & Webb, 1993, p37).
casual breaks of eye contact are essential.
The authors acknowledge that the interrogation (US) or
"Solid interviewing skills stand as the cornerstone in
challenge (England and Wales) part of an interview
law enforcement's arsenal of crime-fighting
requires other characteristics. They recommend, for
weapons" (Einspahr, 2000, p20).
example, a confident, persistent demeanor, a firm tone of
voice (but not aggressive or angry), the use of hand
THE INTERVIEWER
gestures when talking (palms up, arms open), looking
away when the suspect gives denials, and using softer or
Yeschke's view (1993, pxviii) is that police officers
louder tones when making positive or negative points.
"have no innate ability to conduct affective,
Core skills
effective, and proficient interviews. We are no more
The Centrex training material (NCOF, 2004) emphasises
born with the skills to collect testimonial evidence
that the four core skills needing to be developed in
than we are born with the innate ability to handle
police interviewers are the ability to plan and prepare for
firearms properly or to provide first aid."
interviews, the ability to establish rapport, effective
listening and effective questioning. These will take
Others suggest that in most policing agencies, there are
officers through any interview. More advanced skills are
some officers who do seem naturally able to obtain
required of specialist interviewers and interview advisors.
detailed information from witnesses and good
admissions from suspects. The majority however,
Whilst it is possible to set out the characteristics of a
struggle to do the same (Morgan, 1999; Shepherd and
good interviewer and the skills that person needs, some
Kite, 1989). In any case, there is a strong perception that
of the literature suggests a wide gap between this ideal
with the right instruction, most officers can learn to be
and actual interviewers. For example Sear and
effective interviewers (Baldwin, 1993; Gudjonsson et al,
Stephenson (1997, cited in Cherryman & Bull, 2000)
1992; Memon et al, 1994; Ord et al, 2004; Williamson,
found little relationship between the personality scores of
1994). On the whole, research suggests that without the
officers and their interviewing style. Even those who
benefit of proper training most police officers are
scored highly for characteristics such as
destined to be poor interviewers (Milne & Bull, 1999).
conscientiousness, agreeableness and openness were
often found to display the same poor interviewing style as
16

---

REVIEW OF INVESTIGATIVE INTERVIEWING
many of their colleagues. Clearly, training alone is not
interview on the essential issues. Problems arise,
enough to overcome the effects of other influences on
however, when officers approach the interview with
interviewing style.
unfounded or erroneous assessments of the incident in
question. It is essential that interviewing training teaches
UNDERSTANDING FACTORS
officers to minimise the potential for bias (Baldwin, 1994).
INFLUENCING INTERVIEWS
WITNESS OR SUSPECT INTERVIEWS
Interviews require a combination of art and skill that must
- WHICH ARE MORE IMPORTANT?
be cultivated and practised. Not all people who possess
information needed by the investigator are willing to
McGurk, Carr and McGurk (1993) found that the
share it (Yeschke, 2003). For example, witnesses may
interviewing of witnesses and suspects were amongst
have various motivations and perceptions that could
the most frequent tasks in everyday policing. Moreover,
influence their responses during an interview. These may
their police respondents reported that taking statements,
be based on either conscious choices or subconscious
interviewing witnesses, and interviewing suspects were
stimuli, or on the witness's positive or negative attitudes
their three most important investigative tasks, with
to police (Gudjonsson, 1992). In addition, gaining
interviewing suspects rated as the most important of all.
information from groups like the elderly and children
This emphasis on the importance of suspect interviews is
requires special skills on the part of the investigator.
not surprising. In her research examining the
Similarly, characteristics such as the time and place can
management and supervision of interviews, Stockdale
hinder the interview (Heaton-Armstrong et al, 1999).
(1993) found that police officers tended to have a
Each of these conditions must be dealt with. The most
restricted view of `interviewing'. At any mention of police
important task of the interviewer is to gather as much
interviews they would automatically take it as meaning
relevant and reliable information as possible
only interviews with suspects. Mention of victim and
(Gudjonsson, 1992). The successful interviewer,
witness interviews would only come when attention was
therefore, must understand the techniques of
specifically drawn to them.
interviewing and know why people are willing or unwilling
Strongman (1994, p16) observed the same phenomenon
to impart information (Yeschke, 2003).
in the New Zealand setting: "It as though, to a member of
Given the complexities and variety of investigative
the New Zealand Police, `interviewing' means
interviews, the interviewer's own capabilities and
`interviewing suspects'". This emphasis however is not
limitations must also be recognised. Personality and the
so evident in the training material produced by forces in
manner in which interpersonal communications are
England and Wales (see, for example, CPTU, 1992a;
handled can greatly influence the quality and quantity of
CFIS, 2004) which clearly spells out the equal status of
information obtained. Much of the literature describes the
all investigative interviews.
ideal interviewer as someone who can convey a range of
That is not to say that interviews with victims, witnesses
emotions as well as empathy and sincerity at various
and suspects are identical. There is a huge body of
times and as needed (e.g., Shepherd, 1991).
rules and rights that apply to suspect interviews but not
It is also important for the interviewer to keep an open
to witness interviews (CPTU, 1992b; Maguire, 2003).
mind. The interviewer must be receptive to all
Despite these differences, commentators agree that:
information, regardless of its nature. In addition, the
successful interviewer must have an insatiable curiosity
"In general, interviewing witnesses, complainants
(Williams, 2000), and acquiring an accurate and reliable
and victims is just as much a specialised practice
storehouse of information about human behaviour is a
as interviewing suspects, but it relies on different
must (Gudjonsson, 1992).
techniques" (Strongman, 1994, p17).
Research in England and Wales in recent years has
found little sign of the use of oppressive or otherwise
negative tactics (Clarke & Milne, 2001). Rather, any
criticisms are about a general lack of skill. Many police
officers enter the interview with assumptions,
expectations and hypotheses about the event they are
investigating (Ede & Shepherd, 2000). If the officer's
beliefs are well-founded, this may serve to focus the
17

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Investigative Interviewing: THE LITERATURE
Some researchers go further. For example Milne and Bull
Morgan and Stephenson (1994) recognise the temptation
(2003, citing in part Milne & Shaw, 1999) say:
of going for a confession:
"Professionals increasingly acknowledge that the
"If there exists some, but limited, evidence against
investigative interviewing of witnesses / victims has
the individual, and the interviewing officer has been
equal, if not more, importance than the interviewing
unable to find more evidence, yet `feels sure' that
of suspects. If the initial interview with an event-
the suspect is guilty of the offence, then this,
relevant witness is not conducted appropriately
together with the (perhaps misguided) belief that
then the entire investigation can fail. It is from that
individuals will not confess to something that they
first interview that the whole make-up of a case
have not done, may lead to the view that it is worth
evolves; defining the nature of the offence itself,
taking the risk of being oppressive".
outlining the possible suspects, creating the
avenues for investigation, and so on" (p112).
Interviewing suspects appears to be given higher status
than interviewing witnesses for two reasons: one,
This view is echoed by former Detective Superintendent
because it is viewed as more difficult; the other, because
Tom Williamson (cited by Mulraney, 2001, p22).
of the value placed on a confession (Yeschke, 2003;
Maguire, 2003). The first of these reasons (i.e. that
"In conducting an investigation we have to learn
suspect interviews are more difficult than those with
from past miscarriages of justice and not identify a
witnesses) is not well supported in the literature. A large
suspect and then engage in activities in order to
proportion of suspects willingly and readily make
get that suspect to confess. What we have to do is
admissions, with research showing percentages ranging
develop interviewing skills and apply them to
from 42 percent to 68 percent (Baldwin, 1992; Bull &
victims and witnesses so that we have a lot of
Cherryman, 1995, 2000; Moston et al, 1992; McConville
information to put to the suspect. It is that that
et al, 1991).
forms the basis of the investigative interviewing
Moreover, the vast majority of those who admit to wrong-
approach".
doing do so early in the interview. This frequently leads
to the officer closing the interview quickly and thereby
EMPHASIS ON GETTING
missing opportunities for securing corroborative
A CONFESSION
evidence (Moston & Engleberg, 1993) and useful
intelligence.
Much of the literature emphasises that eyewitness
The literature is definite on the need for interviewers to
testimony and confessions are equally the most
concentrate on retrieving the best possible information.
persuasive forms of evidence (e.g., Loftus, 2004). Many
The "practical guide to investigative interviewing" (CFIS,
officers however, see suspect interviews as the more
2004, p16) gives this advice:
important of the two because to them getting a
confession is the best possible result (Stockdale, 1993).
"Evidence should always be sought within the
It is a short cut to a conviction (Moston et al, 1992) and
interview that will help validate any confession that
conserves resources (Ede & Shepherd, 2000).
is made. Faced with an admission, you should
Bull and Cherryman (1995) report an interesting study for
seek further details to help confirm the account and
the Home Office where separate groups of forensic
not take the accuracy of what is said for granted.
psychologists (with expert knowledge of investigative
Later challenges to the truth or fairness of a
interviewing) and experienced police officers listened to
confession can always be made. You should
a large sample of audio-taped police interviews with
anticipate these challenges both by obtaining
suspects. They used a form assessing 28 interviewing
evidence from all other available sources and
skills. The within-group results were consistent: that is,
during the interview with the suspect."
the psychologists agreed with each other, and the police
assessors agreed with each other. But the police
evaluations did not agree with those of the psychologists.
The main point of difference was that the skill
assessments by police were strongly influenced by
whether or not a confession occurred.
18

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REVIEW OF INVESTIGATIVE INTERVIEWING
A final word on the importance of investigative
Key points
interviewing comes from Milne and Bull (1999, p191):
1. Investigative interviewing is the major fact-
finding method police officers have at their
"Society cannot afford investigative interviewing to
disposal when investigating crime. They must
be poor. This affects people's perceptions of the
do it well.
criminal justice system. The guilty get away, the
innocent are convicted, justice for children and
2. Quality investigations require quality
vulnerable adults is inadequate. Poor interviewing
investigative interviews.
is of no value to anyone; it is a waste of time,
resources and money. No one wins. People will not
3. Officers must recognise that every interview is
come forward if they have no confidence in the
unique and potentially generates intelligence
quality of investigators' interviewing techniques".
which can be used not only in the specific
investigation but also in other policing
activities.
4. Interviewers need to appreciate the
contribution made by the interview to the
success of an investigation and that this
success relies on the goodwill and cooperation
of victims, witnesses and the community.
5. Eyewitness testimony and confessions are
considered the most persuasive forms of
evidence.
6. A large proportion of suspects readily make
admissions.
7. The vast majority of those who admit to wrong-
doing do so early in the interview.
8. Despite the best efforts of the interviewer, few
suspects change their story once they have
denied wrong-doing.
9. Interviewers need to avoid asking questions
early on that allow the suspect to deny the
offence.
19

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Investigative Interviewing: THE LITERATURE
ETHICAL INTERVIEWING
INTRODUCTION
UNETHICAL INTERVIEWING
When interview rooms were almost totally closed to
Yeschke (2003, p12) describes the following as unethical
scrutiny - up to approximately the mid-1980s in the UK -
behaviours:
oppressive tactics were often used (Leo, 1992). Over
·
using interrogation instead of interviewing
time, the courts (and the public to a lesser extent) have
spelt out which tactics are acceptable and which are not.
·
treating each interviewee as though culpable, with
But in some instances (as in the R v Stagg (1994) case
little or no regard for the consequences where
described by Maguire, 2003, p381), the court has
interviewees are blameless
acknowledged the lack of clear law. Despite this
·
making threats
uncertainty there appears general agreement that
·
making illegal promises
physical or psychological abuse is unacceptable, even
·
using coercion and duress
in the search for truth (Rabon, 1992; Williamson, 1994;
Yeschke, 2003). This section explores the `ethical
·
using force or the threat of force
interviewing' approach put forward by psychologists
·
employing ruthless methods
(e.g., Eric Shepherd, 1991; 1993; Shepherd & Milne,
·
falsely imprisoning the interviewee
1999). The term has since entered the lexicon of
·
not respecting the interviewee
investigative interviewing (CFIS, 2004; Yeschke; 2003).
·
not maintaining the interviewee's dignity.
BACKGROUND
Other authors mention further unethical behaviours,
including interviewers lying to suspects that they
Early American literature points to grossly unethical
themselves have committed similar offences
interviewing behaviour by police there:
(Gudjonsson, 1992) and "using abusive or deceptive
means in the interrogation of suspects" (Miller, 2004,
"Our police, with no legal sanction whatever,
p32).
employ duress, threat, bullying, a vast amount of
Unethical tactics in the interview room are often based on
moderate physical abuse and a certain degree of
expedience; the `end justifies the means' argument
outright torture" (E.J. Hopkins, 1931, cited in Leo,
(Morgan & Stephenson, 1994). As mentioned previously,
1992, p35).
one of the driving forces behind unethical interviewing is
Scrutiny and judicial comment eventually led to the
the desire to get a `cough', despite observations like that
replacement of overtly aggressive tactics with those
of Lord Devlin (1979) that confession is not a short cut to
involving manipulation and deception (Leo, 1992). But
justice. Legislation such as the Police and Criminal
more recent American literature has called the emphasis
Evidence Act 1984 (England and Wales) has been
on deception into question. According to Yeschke
framed so as to preserve the rights of suspects and
(2003, p11):
prevent unfair pressure on them to confess.
Shepherd (1991, p46) comments on the dangers of
"Throughout recorded history, one of the great
going into an interview with a fixed view:
problems we have faced has been the development
of a system by which truth may be made known.
"The relationship, the investigative process and
Solutions to this problem have ranged from such
emergent information in the interview is managed in
extremes as the torture chambers of the middle
a contrived manner to fit in with the unethical
ages to the unhesitating acceptance of the word of
interviewer's frame of reference. It is a frame of
a gentleman in the eighteenth century. Neither
reference in which thought and action are directed
extreme meets the requirements of today. We
at eliciting and recognising responses which
respect human dignity too much to permit physical
confirm preconceptions of facts of the matter, the
and psychological abuse of an individual in the
situation, and the interviewee".
search for truth. Yet we recognise that our enemies
will lie without hesitation, even under oath, if this will
further their aims. The truth can be determined only
after the evidence has been collected and
analysed."
20

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REVIEW OF INVESTIGATIVE INTERVIEWING
Shepherd (1991) also notes the dangers around many
Criminal Justice 1991 (RCCJ) appear to have changed
interviewees' disposition towards compliance and
officers' attitudes and practices to a great extent. As well
suggestibility.
as major changes to structures (including reductions in
specialist CID squads), there has been a heightened
"Compounding factors are desire to please, age,
emphasis on concepts such as `ethical interviewing'
intellect, personality, psychological state of mind
which aim to teach officers to keep a more open mind
(apprehension, anxiety, fear, and depression) and
and behave less aggressively towards suspects
level of arousal (elevated by the physical,
(Williamson, 1994). Notable investigative failures - such
perceptual, social and psychological isolation of
as the `Yorkshire Ripper' and Stephen Lawrence cases -
being in custody)" ( p47).
suggest there is still some way to go (Maguire, 2003).
If these are not taken into account, the outcome for
What is ethical interviewing?
interviewees is that they can be: (1) forced to make
Shepherd (1991, p43) coined the term `ethical
choices they would not normally make; and (2) denied
interviewing' to describe an interview technique whereby
the opportunity to make choices they would normally
the officer demonstrates a willingness to accept that the
make. The result is an account of `facts' which range
interviewee has "the right to be treated with dignity and
from the partially to the wholly inaccurate (Shepherd,
the right to make free choices - to decide whether or not
1991, p48)
to engage in the exchange, and to evaluate and to
respond to the content and the conduct of the
ETHICAL INTERVIEWING
exchange".
This makes the two parties equals - as opposed to the
Maguire (2003) notes that significant changes have
officer being in the dominant position - and conveys
occurred - that the introduction of the Police and Criminal
mutual respect. Shepherd describes the six principles of
Evidence Act 1984 (PACE) and the implementations of
ethical interviewing:
recommendations arising from the Royal Commission on
Table 1: The six principles of ethical interviewing (Shepherd, 1991)
Principle
Implication
Meaning
1. The prior
I must be sufficiently aware of
I must be able to cope with you
I must know what I'm talking
investigation
the breadth and depth of knowledge
questioning my knowledge
about: `bullshitting' is unethical
principle
necessary to substantiate my
(content and quality)
assertions and arguments
2. The sincerity
I must select information and arguments
You are able to make fair judgements
I must tell the truth, must not bluff,
principle
fairly and present them fairly in the way
and choices as to the validity
evade, confuse or use pretence
I make assertions (statements, questions,
of my information
observations and comments)
3. The disclosure
I must be open and tell the truth about
You are able to make fair judgements
I must be prepared to disclose
principle
where my knowledge comes from
as to the reliability of my sources and
my sources
the existence of biases and prejudices
4. The open-mindedness I must be non-judgemental in my
The other person should be protected
I must not have a closed mind
principle
approach to information gathering and
from my personal biases and prejudices
processing prior to and during the
conversation
5. The tolerance
I must be able to acknowledge
Tolerating your dissent from my view
I must cope with rebuttal and
principle
(though not have to accept) rejection
resistance
of my information, arguments and sources
6. The integrity
In attempting to influence you to accept
The desire to change your thinking and
I must not allow my personal goals
principle
my information I must maintain integrity
responses does not remove the obligation to blind me to my moral obligations
to protect your dignity and continued
freedom of choice
21

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Investigative Interviewing: THE LITERATURE
According to Shepherd (1991), abiding by these
MISCARRIAGES OF JUSTICE
principles will ensure the quality of investigative
interviews and in turn "lead to a greater degree of
Sir Ludovic Kennedy (1989) describes graphically how
success in crime prevention, detection and conviction of
Gerrard Conlon, one of the `Guildford Four', says he
guilty criminals" (p55).
came to sign his confession. After relating how the police
Gudjonsson (1992) suggests that this view is somewhat
had spent some time calling him "an effing, murdering
naïve:
Irish bastard", squeezing his testicles, hitting him in the
kidneys and slapping his face, Conlon wrote:
"Shepherd's `social skills' approach to interviewing
is an appealing one on humanitarian grounds, but I
"I was crying and frightened. Simmons said if I
remain unconvinced that we can, in effective
didn't make a statement, he would ring Belfast first
outcome terms, entirely do without persuasive
thing in the morning and I would never see my
questioning" (p323).
mother or sister again. The last of my resistance
shattered when he said this. I was crying and
Yet research suggests that interviewing in a quiet,
shaking uncontrollably. I said my family hadn't done
reasonable and impartial way is much more likely to
anything. I fell apart. Simmons said what happened
produce a fruitful response than using a more aggressive
to my family was up to me. I said I would make a
approach (Kennedy, 1989). For example, in a ground-
statement like they wanted, but it wouldn't be true
breaking study of murderers' and sexual offenders'
as I really didn't do it" (Kennedy, 1989).
experiences of police interviews and their inclination to
admit or deny crimes, the authors (Holmberg &
Asked his view, the late secretary of the pressure group
Christianson, 2002) found that interviews marked by
Justice, estimated that at any one time between 200 and
dominance on the part of the police interviewer
300 of the prison population had been wrongly convicted
(displaying impatience and a brusque and obstinate
(Kennedy, 1989). According to Kennedy (1989):
condemning approach) are most likely to be associated
with denials. In contrast, interviews marked by humanity
"On the whole, as any prison governor will tell you,
(displaying respect and a positive attitude towards the
guilty men come to accept their conviction and
suspect as a human being) are most likely to be
sentence. They do not have the motivation, the
associated with admissions.
evidence or indeed the acting skills necessary to
assert their innocence and go on asserting it year
The most recent guidelines from the Association of Chief
after year after year. Yet this is what innocent men
Officers in England and Wales (NCPE, 2005, p20) state:
do. They never let up, always searching for fresh
evidence, always writing to those who they think
"If [offenders] believe they have been treated
might help them, always seeking to have their
ethically during an investigation they are less likely
cases reviewed. I have no hesitation at all in saying
to form and communicate a negative view of police
that those cases which year after year, decade after
to others. They are also more likely to cooperate
decade, go on demanding to be reassessed, cases
with investigations in the future, whether as a victim,
like those of Timothy Evans, James Hanratty, Patrick
witness or suspect"
Meehan, the Confait case, the Luton case, the
cases of the Guildford Four, the Maguire Seven,
Despite Gudjonsson's (1992) view on the limitations of
and the Birmingham Six, are all cases about
the `social skills' approach, he does concede that the
innocent people. For in the end truth will out."
use of oppressive tactics to obtain confessions from
suspects can have devastating effects. Even in places
The literature on miscarriages of justice (see, for
without the death penalty, `unethical interviewing' can
example, Kassin & Gudjonsson, 2004; and Walker, 1999),
lead to miscarriages of justice whereby innocent people
highlights the role of coercion in obtaining confessions
spend long periods in prison (Maguire, 2003).
and the problem with convictions based solely or mainly
on confessions. Using unfair means to secure a
conviction is sometimes known as noble cause
corruption (Maguire, 2003). That is to say, so strong is the
desire to achieve a `correct' conviction that any means to
that end are justified. The adversarial process combined
with the pressure for a quick result creates noble cause
corruption.
22

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REVIEW OF INVESTIGATIVE INTERVIEWING
During the 1970s there were a number of high profile
IMPROVEMENTS
convictions in the English courts which were later found
to have involved considerable police malpractice. These
By the 1970s and 1980s in England and Wales it was
included
clear that the legitimacy of the criminal justice system
·
Maxwell Confait (1972) in which 3 boys were
was at stake. Something had to be done. This became
convicted of the murder and incineration of Maxwell
the focus of policy making. Such were the concerns that
Confait, a gay prostitute. The case was overturned on
the Royal Commission on Criminal Procedure (1981) was
appeal in 1975 after new evidence had shown that
set up, in turn leading to the passing in 1984 of the
Confait had died well before the fire. All the boys had
Police and Criminal Evidence Act (PACE) - a key piece of
low mental ages and the evidence was based solely
legislation to monitor, amongst other things, the integrity
on confessions. Also at issue was whether the
of evidence production (Maguire, 2003).
evidence of time of death had in fact been altered.
Through PACE (enacted 1986), police interviews with
·
Judith Ward
d (1974) convicted for planting a bomb on
suspects were to be tape-recorded. This, it was hoped,
behalf of IRA on an army coach which killed 12
meant the old regime of police investigations would be
people. She spent 18 years in jail before her
brought to an end (Lea, 2004). How effective the
conviction was quashed in 1992 when it became
legislation and measures have been is debatable. On
clear that, according to the court of appeal the trial
the one hand, McConville and colleagues suggested in
jury should have been told of her history of mental
1991 that little of police interviews had changed
illness which made her allegedly susceptible to
especially in relation to `interrogative suggestibility'. In
confession under the conditions of police
other words, the tape recording of interviews had not
interrogation.
altered the power relations in the whole interview
·
Guildford Four (1975) jailed for life for bombing pubs
process, particularly the fact that "Interrogation takes
in Guildford. The attacks left five people dead and
place in an environment which increases the vulnerability
over 100 injured. The four men spent 15 years in jail
of the suspect and maximises the authority and control of
before the case was overturned in 1989 after a new
the police" (1991, p78).
police investigation had found serious flaws in the
In contrast, Ede and Shepherd (2000, p109) seem in no
way Surrey police noted the confessions of the four:
doubt about the effect of tape-recorded suspect
that the notes taken were not written up immediately
interviews:
and officers may have colluded in the wording of the
statements.
"The courts reacted strongly to transparent
·
Birmingham Six (1974) convicted for an IRA
evidence of the unethical persuasive questioning
bombing in Birmingham in which 21 people were
techniques ... [and] tape recording of PACE
killed and more than 160 injured. They were released
interviews led to a sharp decline in forceful
in 1991 after 16 years in jail following a new police
interviewing and revealed the widespread
inquiry which used new forensic tests to show
ineptitude of police officers in the interviewing role".
statements made by the Birmingham Six were altered
at a later date. Scientists also admitted in court that
Milne and Bull (2003) report the same view expressed by
forensic tests which were originally said to confirm
experienced police officers:
two of the six had been handling explosives could
have produced the same results from handling
Since the 1986 introduction of PACE regarding
cigarettes.
audio-taping interviews with suspects, police
·
Maguire Seven (1976) when Annie Maguire, five
interviews have become better planned, more
members of her family, and a family friend were
structured, and the use of trickery and deceit has
imprisoned in London for handling explosives, based
all but vanished" (p121).
on scientific evidence which was later entirely
discredited. In the wake of findings on earlier cases,
In addition, Heaton-Armstrong and Wolchover (1999)
a report by former appeals judge John May
acknowledge that "It is the momentous legacy of the
persuaded home secretary David Waddington that
Police and Criminal Evidence Act 1984 that the
there had been a similar miscarriage of justice in the
questioning of suspects is now hedged about with a
Maguire case. In July 1990 the home secretary
wealth of protective formalities" (p222). Their view of the
referred it back to the Court of Appeal and all seven
efficacy of the Act relates to the record-making process
of the convictions were overturned in June 1991.
which allows inspection and endorsement of the written
record and subsequent validation of the taped interview.
23

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Investigative Interviewing: THE LITERATURE
The George Heron case (1993)
Kassin and Gudjonsson (2004) describe the criteria used
Some of the tightening up of interviewing procedures
to determine that a confession previously given was
since PACE resulted from specific cases. The most
false:
famous of these is R v Heron (1993). George Heron was
arrested and charged with the murder of a 7 year old girl,
"Confessions may be deemed false when it is later
Nicki Allen, in 1992. The victim had been seen in the
discovered that no crime was committed (e.g., the
company of a man fitting Heron's description. Even
presumed murder victim is found alive); when
though Heron was known by others to be acquainted with
additional evidence shows that it was physically
the victim, he initially denied this. After arrest, Heron was
impossible for the confessor to have committed the
interviewed on five separate occasions, a task that used
crime ...; when the real perpetrator, having no
12 audiotapes. On the later tapes he gave a full
connection to the defendant, is apprehended and
confession in which he provided details known only at
linked to the crime (e.g., by intimate knowledge of
that time to police and forensic investigators.
the crime details, ballistics, or physical evidence);
and when scientific evidence affirmatively
At Heron's 1993 trial, however, the judge (Mr Justice
establishes the confessor's innocence" (2004, p48).
Mitchell) ruled that only the first four tapes (containing
consistent denials) were admissible. He rejected the
The phenomenon of false confessions occurs in different
remaining tapes on the basis that the questioning was
ways and for different reasons, including dispositional
oppressive. It included questions on Heron's sex life and
and situational factors (Kassin & Gudjonsson, 2004):
religious beliefs, suggestions that it was in Heron's best
interests to confess, and a tendency by officers to pass
Dispositional (i.e. personal risk factors)
comment rather than to question. Heron was
·
personality characteristics - people who make false
subsequently acquitted, although in a later civil case
confessions tend to be suggestible, compliant,
taken by the victim's parents he was found liable and
anxious, lack assertiveness and have poor memories
ordered to pay damages.
and low self-esteem
·
youth - extremely vulnerable when faced with leading
This case had major implications for the police force
questions, repetition, disbelief and other tactics from
involved (Northumbria) and all others in relation to
figures of authority
interviewing practice. It was used to inform thinking
around the national implementation of the PEACE model
·
intellectual impairment - disproportionately
(described elsewhere in this review) and was
represented in data on false confessions - mainly due
incorporated into police training material (Milne & Bull,
to suggestibility and desire for approval, and an
1999).
inability to understand the consequences of their
actions
·
psychopathology - the tendency towards false
FALSE CONFESSIONS
confession may be found in people with distorted
perceptions and memories, a breakdown in reality
Another reason why ethical interviewing must be pursued
monitoring, impaired judgement, anxiety, mood
by Police is to avoid false confessions. As stated by
disturbance, and possibly a lack of self-control
Elizabeth Loftus:
(Kassin & Gudjonsson, 2004, p53).
"One goal of our legal system must be to secure
Situational
convictions of the guilty, but another must be to
·
physical custody - the extreme anxiety created in
minimise wrongful convictions, including those
some suspects by being in unfamiliar surroundings
involving false confessions" (2004, pi)
and unable to escape can make a person willing to
do or say anything
·
isolation - many `interrogations' go on for long
periods, causing tiredness, fear and uncertainty e.g a
study of documented false confession cases in
America (Leo, 1996) found that 34% lasted 6 to 12
hours and 39% lasted 12 to 24 hours
24

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REVIEW OF INVESTIGATIVE INTERVIEWING
·
confrontation - the research is clear that a person
PRINCIPLES OF INVESTIGATIVE
can be induced to confess and to accept
responsibility for something they didn't do by tactics
INTERVIEWING
such as strongly asserting they are guilty, interrupting
denials, presenting false incriminating evidence, and
Yeschke (2003, p12) states that:
saying they failed a lie-detector test
"It is time that those involved in investigative
·
minimisation - a process of providing or allowing the
interviewing be specifically taught what is ethical
suspect to make face-saving excuses for the event -
and what is unethical, beyond what is legal and
implies leniency will follow (e.g., being allowed to go
what is illegal".
home or get a lighter sentence).
A large body of research exists on this subject (see, for
It is clear that England and Wales had recognised and
example, Gisli Gudjonsson, 1992) and false confessions
adopted the notion of ethical interviewing over a decade
have led to the conviction of many innocent people. The
earlier than Yeschke's writing. Home Office Circular 22/
"Innocence Project" (a non-profit legal clinic at the
1992 provides the following seven principles of
Benjamin N. Cardozo School of Law, USA that handles
investigative interviewing:
cases where post-conviction DNA testing of evidence
Table 2: The principles of investigative interviewing (HO Circular
can yield conclusive proof of innocence) describes a
22/1992)
case in point:
"The problem of false confessions has been further
1. The role of investigative interviewing is to
illuminated by the exoneration of five men - Antron
obtain accurate and reliable information from
McCray, Kevin Richardson, Yusef Salaam,
suspects, witnesses or victims in order to
Raymond Santana, and Kharey Wise - who were
discover the truth about matters under police
wrongfully convicted of a brutal attack in New York's
investigation.
Central Park. DNA testing corroborated the
2. Investigative interviewing should be
confession of Matias Reyes. Reyes stated that he
approached with an open mind. Information
acted alone and that he did not know the five men
obtained from the person who is being
that were convicted in what is now known as the
interviewed should always be tested against
Central Park Jogger Case. The five men, teenagers
what the interviewing officer already knows or
at the time, were picked up by police following a
what can reasonably be established.
chaotic night in Central Park, marked by violence
and what was termed "wilding". Their statements to
3. When questioning anyone a police officer must
authorities were quite damning. Each gave a
act fairly in the circumstances of each
detailed videotaped statement minimizing his own
individual case.
involvement in the crime but implicating the rest.
What the jury did not see were the tactics used to
4. The police interviewer is not bound to accept
elicit these statements, one of which came after
the first answer given. Questioning is not
over twenty four hours of interrogation. Despite the
unfair merely because it is persistent.
fact that their accounts varied greatly, these
5. Even when the right to silence is exercised by
confessions were used to convict all five men, all of
a suspect the police still have a right to put
whom served out their sentences" (Innocence
questions.
Project, 2001).
6. When conducting an interview, police officers
Researchers Saul Kassin and Gisli Gudjonsson (2004)
are free to ask questions in order to establish
provide many more examples of false confessions in their
the truth; except for interviews with child
recent comprehensive literature review on the
victims of sexual or violent abuse which are to
psychology of confessions. Their material makes it clear
be used in criminal proceedings, they are not
that police cannot ignore the results of research on why
constrained by the rules applied to lawyers in
people confess to something they did not do.
court.
7. Vulnerable people, whether victims, witnesses
or suspects, must be treated with particular
consideration at all times.
25

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Investigative Interviewing: THE LITERATURE
These principles have since been reconfirmed (e.g.,
NCF, 1996; NCF, 1998; NCOF, 2003; and CFIS, 2004).
Key points
Any policing jurisdiction needs a similar list of principles,
1. Interviews should be conducted with integrity,
which in turn must be understood by all officers. They
commonsense and sound judgement.
provide the foundation for ethical interviewing, and can
make a striking contribution to public confidence in
2. Using unfair means to get a confession (noble
police.
cause corruption) is never justified.
3. Interviewers must avoid unethical behaviours
such as making threats or promises or using
coercive and oppressive tactics.
4. Ethical interviewing involves treating the
suspect with respect and being open-minded,
tolerant and impartial.
5. If offenders believe they have been treated
well they are less likely to form a negative view
of police or to communicate a negative view of
police to others.
6. Many miscarriages of justice have resulted
from police malpractice.
7. Police must be aware of why some people will
make false confessions. These occur in
different ways and for different reasons,
including dispositional and situational factors.
8. The England and Wales seven principles of
investigative interviewing developed in 1992
have stood the test of time and have been
adopted by other western policing
jurisdictions.
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REVIEW OF INVESTIGATIVE INTERVIEWING
INFLUENCE OF PSYCHOLOGY
BACKGROUND
The work of any of these people provides numerous other
excellent references. A particularly useful source of
Police depend on interviewing as a principal means of
information is "Investigative interviewing - psychology
finding facts and resolving questions. Reliance on
and practice" (Milne and Bull, 1999), a book which
interviewing, however, involves certain problems:
places interviewing firmly within a psychological
ascertaining when a suspect or witness is telling the
framework (pxi).
truth, evaluating how reliable a person's memory is,
assessing and allowing for the physical and mental
For example, Milne and Bull (1999, pp2-5) describe the
condition of a witness or suspect, and so on. These are
influential study in the USA by Fisher, Geiselman and
areas that have been studied extensively by mainstream
Raymond (1987) where the psychologists examined a
social and clinical psychology.
sample of audio-recorded interviews covering a range of
offences. The interviewers had an average of 10.5 years
Despite the research findings being met in the US "with
service and had received no standardised interview
only a lukewarm reception by the legal-police
training. Although the interviewer typically sought a `free
community" up to the mid-1990s or so (Fisher, 1995,
narrative' from the interviewee i.e. "Tell me what
p758), the effect of psychological research was evident
happened", this narrative was, on average, interrupted
early on in material produced by English police (e.g.,
after only 7.5 seconds. Despite the declared intention of
CPTU, 1992a).
getting the person's own account, the interviewer was in
fact the one who imposed a structure and questioning
This area of research has come to be known as "forensic
sequence on the interview. The average interview
psychology" (Memon & Bull, 1999) and some of the
contained 3 open-ended questions and 26 short-answer
leading names in the field are:
(closed) questions. The research found that interviewees
adapted to the style of the interviewer, rather than the
Elizabeth Loftus
an American expert who has published widely on the
other way around. If the questions were short, the
psychology of memory, false memory, repressed
answers typically became short and superficial.
memories, and eyewitness testimony
Fisher and his colleagues (1987) found little or no
Amina Memon
false memory, investigative interviewing, vulnerable
evidence of techniques used by interviewers to make it
witnesses, face recognition, eyewitness testimony,
child witness suggestibility, and jury decision
easy for witnesses to recall relevant details. They did
making
however observe unhelpful questioning techniques.
Amongst other things, interviewers tended to use jargon
Gisli Gudjonsson
forensic psychology, reliability of evidence,
and a formal, stylised manner; they asked questions in a
suggestibility, false confessions, psychological
pre-determined way; they interrupted with delayed
vulnerabilities during detention, motivation for
offending, and attribution of blame
questions that followed up an earlier point; there was a
high incidence of leading questions and so on. This type
Rebecca Milne
all aspects of psychological theory, research and
of interviewing proved disruptive to the interviewee and
police practice relating to investigative interviewing,
limited the amount and quality of the information given
especially the use of the ECI for specialist witness
interviews
(Milne & Bull, 1999).
Ray Bull
has published widely in books and academic journals
Although all the areas mentioned above have
on psychology, law and policing particularly the
implications for investigative interviewing practice, this
interviewing of child witnesses and on police
section of the literature review will concentrate on just
investigative interviewing of adult suspects
three - memory, body language and deception, with a
Eric Shepherd
all aspects of forensic psychology including
small discussion at the end on `suggestibility'. Other
interviewing, police investigative behaviour and
sections will look at techniques that have arisen from
testimony
psychological research, particularly the four techniques
that form the `cognitive interview' and those incorporated
Aldert Vrij
international expert who has published widely on
deception - how liars behave, what they say, how
into the `enhanced cognitive interview'.
good people are at catching liars, etc
Julie Cherryman
ear witness (voice) identification, and police
investigative interviewing of both suspects and
witnesses - particularly witnesses with learning
disabilities.
27

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Investigative Interviewing: THE LITERATURE
Loftus (1989) proposed three different interpretations of
MEMORY
the `misinformation effect':
The first experimental studies of memory were published
·
the `destructive updating' or `alteration' hypothesis,
in 1885 by German psychologist Hermann Ebbinghaus,
whereby the original memory representations are
and tens of thousands of memory studies have been
altered by later information and thus entirely new
conducted since (Loftus & Calvin, 2001). These clearly
memories are created containing elements from both
demonstrate that the human brain has the ability to retain
the original and the misleading information;
a vast quantity of information and experience acquired
·
the `supplementation' viewpoint whereby the witness
over a lifetime. But memory is not like a video recorder
does not notice the vital detail in the first place but
that records everything it sees, or a computer that can
assimilates it into the original memory after being
retrieve everything stored on it. Instead:
given the misleading information; and
·
the `coexistence' viewpoint whereby both the original
"Human memory is cluttered. Memories don't get
and the misleading postevent information are taken in
lost so much as they become distorted or hard to
but the more recent memories are more easily
find. We may like to say that we've lost something -
accessible.
but often, an hour later, it pops uninvited into our
consciousness, where it has been lurking all along.
These different interpretations have been of practical
The serious difference between computer and
importance because they influence the way attempts
human memory is that we don't pop out a pristine
might be made to correct a memory that has been
copy of the original event, the way a computer
biased. For example, in successfully testing the
does. Instead, we reconstruct things as best we
coexistence theory, Bekerian and Bowers (1983, cited in
can from all the clutter. We guess. Often that isn't
Loftus, 1989) concluded that countering the effects of
good enough, especially for a fair judicial process.
misleading postevent information is dependent on using
Or just one's self respect; it's embarrassing to be
appropriate retrieval techniques to access the original
badly wrong and we'll deny an error even to
memory, such as by reinstating the original sequence of
ourselves" (Loftus & Calvin, 2001).
events.
Although carried out in laboratory conditions, using
Research
mostly students as the `eyewitnesses', the findings of
Much of the research has focused on identifying
these and similar experiments have provided a large
conditions that affect recall. For example, the pioneering
body of evidence confirming the contamination of
work of Elizabeth Loftus provided strong evidence of the
memory. Some of this evidence was hotly debated, as
influence of `postevent contamination' i.e. new
witnessed by the legal controversy surrounding
information that people unconsciously incorporate into
supposed `recovered' memories of childhood sexual
their previously stored memories (Davies, 1995; Wells &
abuse (Lindsay & Read, 1994). However, one could
Loftus, 1984).
speculate that if highly motivated and relaxed students
Her first study (Loftus & Palmer, 1974, cited in Davies,
display impaired memory performance, then an even
1995) involved participants viewing a 10-second film of a
worse performance could be expected of witnesses
traffic accident, then being asked questions which
without such characteristics being interviewed in less
described the two cars as having either `smashed' into or
than optimal conditions.
`hit' each other. She found that the severity of the verb
had a marked impact on answers about the speed and
How the memory works
presence of glass. In her second classic study,
Given the fallibility of memory, it is vital that police
volunteers were shown slides of a traffic accident which
interviewers understand how memory works, the ways in
involved the presence of either a `Stop' sign or a `Yield'
which errors and omissions arise, and how they
(give way) sign. Subsequent questions referred to the
themselves can influence what interviewees tell them
sign in either a consistent or inconsistent manner, with
(Cohen, 1999; Milne and Bull, 1999; CFIS, 2004). This
observers then being asked to select the slides they had
understanding allows interviewers to judge more
seen originally. Where observers had been given
accurately how much witnesses can be expected to
misleading information, only 41 percent were able to
recall about a to-be-remembered (TBR) event and how
correctly identify the original slides.
much weight can be placed on the testimony they
produce. For convenience, two diagrams from the
literature are shown below. These illustrate and
summarise the research findings on memory.
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REVIEW OF INVESTIGATIVE INTERVIEWING
Three separate memory stores
The multi-store model of memory is shown in Figure 1 below:

Retrieval
Stimulus
Sensory
Recording
Short-Term
Recording
Long-Term
Response
Input
Stores
Process
Memory
Process
Memory
Output
Retrieval
Rehearsal
Lasts 1-4 seconds
Lasts 6-12 seconds
Lasts potentially indefinitely
Stores raw uncoded
Capacity of about 7 items
Capacity limited by
Visual and auditory
Acoustic or visual code
Interference but potentially very large
information
Mainly semantic coding
Organisation crucial for retrieval
Figure 1: The multi-store model of memory
y (originally proposed by Atkinson & Shiffrin, 1968, cited in Cohen, 1999, p5).
Cohen's explanation of the model [in a slightly
Memory processes
abbreviated form] is as follows:
So what happens when people try to remember
something? Milne and Bull (1999, p11) describe the
1. The sensory store is believed to hold raw,
three memory processes that form a sequence of stages:
uninterpreted information perceived by the sense
encoding, storage and retrieval.
organs (e.g., sight, sound, smell). Only a sub-set of
the information that enters the sensory stores is
"Encoding concerns the process through which
selected and passed on to the short-term store.
information is entered into memory. A physical
2. Short-term memory corresponds to the current
input, such as the appearance of a perpetrator, is
contents of consciousness i.e. what you have in mind
transformed into a representation that memory
at any one moment. It has a brief duration and a
receives. This perpetrator's appearance that has
strictly limited capacity. It is also very fragile in that
just been encoded is stored in memory. At
any distraction or new incoming information will cause
interview, a few hours or days later, an interviewee
items to be bumped out and lost. However, it is
may need to describe the perpetrator, therefore he
possible to maintain the contents by `rehearsing'
or she attempts to retrieve this information from
information either aloud or subvocally e.g., repeating
memory."
a phone number you are about to dial. Only a
Errors can occur at the acquisition stage, or may be
proportion of information in short-term memory
introduced at the retention (storage) stage, or they can
passes into long-term memory.
occur during the retrieval or narration stage (Yarmey,
3. The duration and capacity of long-term memory is
2003). An indepth exploration of the risks of corruption of
virtually unlimited, although information only becomes
memory caused by outside events, mental and physical
available to conscious awareness through an act of
disorder and illness, and the vulnerabilities of certain
recollection. Some long-term memories cannot be
categories of witness can be found in "Analysing Witness
recollected.
Testimony" edited by Heaton-Armstrong, Shepherd and
Wolchover (1999).
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Investigative Interviewing: THE LITERATURE
Influences on memory
Figure 2 below, demonstrates the effect of memory processes on an interview. As can be seen, there are numerous
factors that can affect whether a person even notices an event, let alone stores it or is able to retrieve it. Some parts of
the diagram are self-explanatory, or easily understood in light of the earlier explanations of how the memory works.
Figure 2: Memory theory and the interview process (developed from Koehnken, 1995, cited in Milne & Bull,
1999, p27)
Research confirms that the types of event factors and
Alcohol / drugs
eyewitness factors mentioned in the diagram above can
In discussing the influence of "drugs" (any substance
have a serious effect on memory of the TBR (to-be-
that alters brain function) on recall, Lader (1999) warns
remembered) event. Some of these are explored further
that memory is often profoundly upset and this has major
below.
implications for the provision of accurate testimony (see
also, Yuille & Tollestrup, 1990, cited in Milne & Bull,
Presence of weapon
1999). It follows that people should not by interviewed
Research suggests the presence of a weapon can affect
whilst under the influence of drugs, and that care should
memory. Witnesses can describe the weapon but have
be taken in accepting what they recall as being the
little recall of peripheral matters. This phenomenon has
`truth'.
been described as "channellised attention" (Gilmour,
1988) and is an indispensable adaptive function (Matte,
Stress
1996, cited in Morgan, 1999, p20). The witness focuses
Contrary to laboratory-based literature (where stress is
on the factors that present the greatest threat. This
often linked to poor memory performance), research has
means that other information vital to the investigation,
found that witnesses to real-life stressful situations have a
such as details about the offender or what was said,
high recall rate. For example, Milne and Bull (1999, p14)
becomes difficult to recall.
cite the following results from studies:
·
Yuille and Cutshall (1986) found that witnesses to a
homicide who indicated high stress levels had a
mean recall accuracy of 93% when interviewed two
days after the event.
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REVIEW OF INVESTIGATIVE INTERVIEWING
·
Christianson and Hubinette (1993) found a similar
Partisanship
level of accuracy in their study of bank tellers and
Milne and Bull (1999) describe how recall can also be
customers who had been actual witnesses of an
distorted by partisanship (i.e. the personal significance
armed robbery.
the event has for the witness). For example, in a fight
between two rival gangs a witness who belongs to one
However, Milne & Bull (1999) note that studies
gang is likely to believe the other gang was responsible
consistently reveal that while the quality of what was
for the worst violence; a witness who belongs to the other
reported was good, the quantity was not.
gang is likely to believe the opposite. Police interviewers
need to take partisanship on the part of witnesses into
Attention
account when listening to and probing their accounts.
According to Milne and Bull (1999, p16)
Scripts
"Selective attention depends on a person's
Research has confirmed that many of our actions, and
knowledge, expectancy, attitudes, past
recall of actions, are governed by internal `scripts'; for
experiences, interests, training and what that
example, driving a car, eating in a restaurant, and so on.
particular person judges to be the most important
As described by Milne and Bull (1999, p18):
information at that point in time. Thus different
people will selectively attend to different parts of
"Instead of having to remember and encode all the
the same [to-be-remembered] event ... if five
details of each new event we encounter, we can
different people witness an event, five somewhat
simply rely on the script we have in our memories
different versions of the event will result."
and only encode new, distinctive information ...
Recall of an event, however, can be distorted if the
This is an important finding for the police interviewer, not
script used does not quite fit ... People tend
only for understanding how selective attention can affect
subconsciously to `fill in the gaps' in memory with
interviewees but also how it affects himself or herself as
information from their scripts".
well. Interviewers must guard against selectively
attending to what an interviewee is saying i.e. focusing
on what information confirms his or her own views on
what occurred (Carson and Bull, 2003). This can be an
unconscious process, but leads to what many authors
call `confirmation bias'. This is where, starting from a
premise of the suspect's guilt, interviewers pay most
attention to pieces of information (from both suspects
and witnesses) that fit with their view of `what happened'
(Maguire, 2003; Williams, 2000). This matter is explored
further in the section on `questioning'.
Stereotypes
Although they may be unaware they are doing it, people
often stereotype others. When asked to recall details
about a person they saw they may well combine
stereotypical information with what was originally
encoded (Milne & Bull, 1999). For example, people may
expect all persons belonging to specific ethnic groups to
have brown eyes so will recall that the person they saw
had brown eyes even if they did not actually note the
person's eye colour.
31

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Investigative Interviewing: THE LITERATURE
The Turnbull ruling (and ADVOKATE)
According to Cohen (1999, p16) the challenge for the
Because of the deficiencies associated with memory, an
interviewer is "to help the witness to access information
English court judgemen