Strategic use of evidence during police interviews: when training to detect deception works

Self and other-perceived deception detection abilities are highly correlated but unassociated with objective detection ability: Examining the detection consensus effect

Subjective lying rates are often strongly and positively correlated. Called the deception consensus effect, people who lie often tend to believe others lie often, too. The present paper evaluated how this cognitive bias also extends to deception detection. Two studies (Study 1: N = 180 students; Study 2: N = 250 people from the general public) had participants make 10 veracity judgments based on videotaped interviews, and also indicate subjective detection abilities (self and other). Subjective, perceived detection abilities were significantly linked, supporting a detection consensus effect, yet they were unassociated with objective detection accuracy. More overconfident detectors-those whose subjective detection accuracy was greater than their objective detection accuracy-reported telling more white and big lies, cheated more on a behavioral task, and were more ideologically conservative than less overconfident detectors. This evidence supports and extends contextual models of deception (e.g., the COLD model), highlighting possible (a)symmetries in subjective and objective veracity assessments.

Sorting Insiders From Co-Workers: Remote Synchronous Computer-Mediated Triage for Investigating Insider Attacks

OBJECTIVE

Develop and investigate the potential of a remote, computer-mediated and synchronous text-based triage, which we refer to as InSort, for quickly highlighting persons of interest after an insider attack.

BACKGROUND

Insiders maliciously exploit legitimate access to impair the confidentiality and integrity of organizations. The globalisation of organisations and advancement of information technology means employees are often dispersed across national and international sites, working around the clock, often remotely. Hence, investigating insider attacks is challenging. However, the cognitive demands associated with masking insider activity offer opportunities. Drawing on cognitive approaches to deception and understanding of deception-conveying features in textual responses, we developed InSort, a remote computer-mediated triage.

METHOD

During a 6-hour immersive simulation, participants worked in teams, examining password protected, security sensitive databases and exchanging information during an organized crime investigation. Twenty-five percent were covertly incentivized to act as an 'insider' by providing information to a provocateur.

RESULTS

Responses to InSort questioning revealed insiders took longer to answer investigation relevant questions, provided impoverished responses, and their answers were less consistent with known evidence about their behaviours than co-workers.

CONCLUSION

Findings demonstrate InSort has potential to expedite information gathering and investigative processes following an insider attack.

APPLICATION

InSort is appropriate for application by non-specialist investigators and can be quickly altered as a function of both environment and event. InSort offers a clearly defined, well specified, approach for use across insider incidents, and highlights the potential of technology for supporting complex time critical investigations.

Camera footage and identification testimony undermine the availability of exculpatory alibi evidence

The present field experiment investigated how alibi witnesses react when confronted with camera footage or identification testimony that incriminates an innocent suspect. Under the pretext of a problem-solving study, pairs of participants (N = 109) and confederates worked on an individual task with a dividing wall obstructing their view of each other. When the mobile phone of the experimenter was missing from an adjacent room at the end of the session, all participants confirmed that the confederate had not left the room. After several days, participants returned to the lab for a second session. They were asked to confirm their corroboration, orally and in writing, after learning that the confederate either had been identified from a photograph or was present on camera footage. A control group received no evidence. In this second session, written (but not oral) alibi corroboration was weaker in the incriminating evidence conditions (47%) than the no-evidence condition (81%), as hypothesized. Unexpectedly, corroboration was equally strong in the camera and identification evidence conditions. As expected, alibi corroboration was stronger in session 1 than in session 2 for both camera (89% and 31-46%) and identification evidence conditions (86% and 31-49%). The current findings provide first evidence that camera footage and eyewitness identification testimony can bear on the availability of exculpatory alibi evidence in court and emphasize the need to document incidents of evidence contamination.

Power and lie detection

Social power undermines focus on others and increases reliance on stereotype-consistent information. Thus, power may enhance focus on stereotypical cues to deception, thereby decreasing lie detection accuracy. In three studies, we tested whether having power affects lie detection accuracy. Participants (overall N = 502) were asked to identify truthful and lying candidates (N = 12) during mock job interviews. Study 1 was a field experiment involving employees who held managerial and non-managerial positions (N = 88). In the following laboratory experiments, we manipulated power and asked participants to imagine themselves as managers (Study 2, N = 214) or provided them with control over resources and the ability to reward others (Study 3, N = 200). In Studies 2 and 3, we additionally manipulated the method of lie detection (direct vs. indirect). In contrast to the original hypotheses, we found that power led to increased veracity assessment accuracy. Having power over others enhances the accuracy of one’s veracity assessment, although this increase is small and limited to lie detection (Study 1) or direct judgments (Studies 2 & 3). Together, power affects the processing of social information and what aspects of this information are taken into account.

Police Officers' Interrogation Expertise and Major Objectives in Police Service and Training: A Comprehensive Overview of the Literature

Interrogation is a core task of practical police work. The outcomes of interrogation often provide crucial evidence for solving criminal cases. The success of interrogation depends on interactions between police officers and citizens. Based on a comprehensive literature overview, we propose a three-factor typology for interrogations by police officers. First, the competencies of police officers refer to the application of personal, professional, social, and methodological capabilities. The underlying concept of interrogation refers to the application of both explicit and implicit experience-based interrogation models. Communication refers to the goal-directed application of communication tactics and techniques. According to this typology, we discuss the major objectives of police interrogation in police service and training from police officers' perspectives. The present study provides guidance for practical police services and training by offering an evidence-based interrogation standard.

When the Evidence Is Incorrect: an Exploration of What Happens When Interviewers Unwittingly Present Inaccurate Information in Interviews with Suspects

Skillfully presenting evidence/information to suspects is one of the few interviewing techniques that increases the likelihood of guilty suspects providing information or making a confession, without making innocent ones do so as well. It is important that this evidence/information is correct, since deliberately disclosing incorrect evidence poses some risks. Also, in real-life interviews, police interviewers may unwittingly disclose incorrect evidence, for example when a witness was mistaken and provided the police with incorrect information. The present study examined the behavior of fifty police interviewers in interviews with "suspects" of a scripted crime: what is their response when the interviewees try to explain to them that some of the evidence/information just disclosed by them is incorrect? Eleven interviewers responded adaptively (by actively picking up on this new information), 35 responded in a neutral way and four responded maladaptively (by discrediting the interviewee's claim). Experience and a full interview training had a significant negative relationship with adaptiveness. These results indicate that, when preparing and conducting interviews with suspects, greater awareness is needed of the possibility that some of the evidence/information that is to be disclosed could be incorrect, and therefore it is crucial that suspects' responses which suggest such may be the case are taken into account.

Mnemonic Techniques and Lie Detection: Accuracy of Truth and Deception Judgments in Repeated Accounts

This study was an examination into whether the use of memory-enhancing techniques (mnemonics) in interviews can be helpful to distinguish truth tellers from liars. In the previous study (Izotovas et al., 2018), it was found that when mnemonic techniques were used in the interview immediately after the event, truth-tellers reported more details than liars in those immediate interviews and again after a delay. Moreover, truth-tellers, but not liars, showed patterns of reporting indicative of genuine memory decay. In the current experiment, participants (n = 92) were asked to read the repeated statements reported by participants in the Izotovas et al.’s (2018) study and decide whether the statements they read were truthful or deceptive. One group of participants (informed condition) received information about the findings of the previous study before reading the statement. The other group received no information before reading the statement (uninformed condition). After participants made veracity judgements, they were asked an open-ended question asking what factors influenced their credibility decision. Although truthful statements were judged more accurately in the informed condition (65.2%) than in the uninformed condition (47.8%), this difference was not significant. In both conditions deceptive statements were detected at chance level (52.2%). Participants who relied on the self-reported diagnostic verbal cues to deceit were not more accurate than participants who self-reported unreliable cues. This could happen because only the minority of participants (27.4%) in both conditions based their decisions on diagnostic cues to truth/deceit.

Cumulative Disadvantage: A Psychological Framework for Understanding How Innocence Can Lead to Confession, Wrongful Conviction, and Beyond

False confessions are a contributing factor in almost 30% of DNA exonerations in the United States. Similar problems have been documented all over the world. We present a novel framework to highlight the processes through which innocent people, once misidentified as suspects, experience cumulative disadvantages that culminate in pernicious consequences. The cumulative-disadvantage framework details how the innocent suspect's naivete and the interrogator's presumption of guilt trigger a process that can lead to false confession, the aftereffects of which spread to corrupt evidence gathering, bias forensic analysis, and virtually ensure wrongful convictions at trial or through pressured false guilty pleas. The framework integrates nascent research underscoring the enduring effects of the accumulated disadvantages postconviction and even after exoneration. We synthesize findings from psychological science, corroborating naturalistic evidence, and relevant legal precedents to explain how an innocent suspect's disadvantages can accumulate through the actions of law enforcement, forensic examiners, prosecutors, defense attorneys, judges, juries, and appeals courts. We conclude with prescribed research directions that can lead to empirically driven reforms to address the gestalt of the multistage process.

The effects of the putative confession and evidence presentation on maltreated and non-maltreated 9- to 12-year-olds' disclosures of a minor transgression

The current study examined the influence of the putative confession (in which children are told that the suspect told them "everything that happened" and "wants [the child] to tell the truth") and evidence presentation on 9- to 12-year-old maltreated and non-maltreated children's disclosure (N = 321). Half of the children played a forbidden game with an adult confederate that resulted in a laptop computer breaking (no transgression occurred for the other half of the children), followed by coaching to conceal the forbidden game and to falsely disclose the sanctioned game. Children were then interviewed about the interaction with the confederate. Among the 9- and 10-year-olds, the putative confession led to a higher rate of breakage disclosure (62%) than the control condition (13%) and to a higher rate of leakage of incriminating details during recall (47% vs. 9%). Older children were more likely to disclose than younger children and to be uninfluenced by the putative confession. Among all ages, evidence presentation elicited disclosures from 63% of children who had not previously disclosed without eliciting any false disclosures.

It's the deceiver, not the receiver: No individual differences when detecting deception in a foreign and a native language

Individual differences in lie detection remain poorly understood. Bond and DePaulo’s meta-analysis examined judges (receivers) who were ascertaining lies from truths and senders (deceiver) who told these lies and truths. Bond and DePaulo found that the accuracy of detecting deception depended more on the characteristics of senders rather than the judges’ ability to detect lies/truths. However, for many studies in this meta-analysis, judges could hear and understand senders. This made language comprehension a potential confound. This paper presents the results of two studies. Extending previous work, in Study 1, we removed language comprehension as a potential confound by having English-speakers (N = 126, mean age = 19.86) judge the veracity of German speakers (n = 12) in a lie detection task. The twelve lie-detection stimuli included emotional and non-emotional content, and were presented in three modalities–audio only, video only, and audio and video together. The intelligence (General, Auditory, Emotional) and personality (Dark Triads and Big 6) of participants was also assessed. In Study 2, a native German-speaking sample (N = 117, mean age = 29.10) were also tested on a similar lie detection task to provide a control condition. Despite significantly extending research design and the selection of constructs employed to capture individual differences, both studies replicated Bond and DePaulo’s findings. The results of Study1 indicated that removing language comprehension did not amplify individual differences in judge’s ability to ascertain lies from truths. Study 2 replicated these results confirming a lack of individual differences in judge’s ability to detect lies. The results of both studies suggest that Sender (deceiver) characteristics exerted a stronger influence on the outcomes of lie detection than the judge’s attributes.

To Veil or Not to Veil: Detecting Lies in The Courtroom. A Comment on Leach et al. (2016)

For the past 40 years, lie detection has predominantly been studied in the context of police-suspect and investigative interviews. In their paper, Leach et al. (2016) examined whether niqabs or hijabs interfere with the trial judges' ability to detect deception and concluded that veiling enhanced trial judges' ability to make accurate veracity judgments. In this comment, we argue that the conclusions made by Leach et al. are based upon an inaccurate experimental court paradigm and suffer from methodological and analytical issues. It is our opinion that the applicability of their research findings to real-life court proceedings alongside potential changes to court practices and policies based on Leach et al. should be regarded as naïve and misinformed.

Memory Errors in Alibi Generation: How an Alibi Can Turn Against Us

Alibis play a critical role in the criminal justice system. Yet research on the process of alibi generation and evaluation is still nascent. Indeed, similar to other widely investigated psychological phenomena in the legal system - such as false confessions, historical claims of abuse, and eyewitness memory - the basic assumptions underlying alibi generation and evaluation require closer empirical scrutiny. To date, the majority of alibi research investigates the social psychological aspects of the process. We argue that applying our understanding of basic human memory is critical to a complete understanding of the alibi process. Specifically, we challenge the use of alibi inconsistency as an indication of guilt by outlining the "cascading effects" that can put innocents at risk for conviction. We discuss how normal encoding and storage processes can pose problems at retrieval, particularly for innocent suspects that can result in alibi inconsistencies over time. Those inconsistencies are typically misunderstood as intentional deception, first by law enforcement, affecting the investigation, then by prosecutors affecting prosecution decisions, and finally by juries, ultimately affecting guilt judgments. Put differently, despite the universal nature of memory inconsistencies, a single error can produce a cascading effect, rendering an innocent individual's alibi, ironically, proof of guilt. Copyright © 2017 John Wiley & Sons, Ltd.

Overcoming Innocents' Naiveté: Pre-interrogation Decision-making Among Innocent Suspects

Suspects, especially innocent ones, are highly susceptible to waiving their interrogation rights. This research tested the ability of two strategies to overcome innocent suspects' willingness to waive their rights. One strategy was based on the social influence of scarcity (i.e., not constraining the pre-interrogation time limit). The other strategy focused on disrupting individuals' cognitive fluency during the decision-making process (i.e., violating their induced expectation of offering a waiver). Disrupting innocent individuals' cognitive fluency increased their willingness to invoke their rights and, notably, was not qualified by interactions with any other factors. However, scarcity did not influence individuals' pre-interrogation decision-making. Results also further established the association between innocent individuals' naïve mindset and their willingness to waive their rights - specifically, innocents' willingness to waive their rights increased with the strength of their just world beliefs. The theoretical and applied implications of these findings are discussed. The importance and benefit of reforming pre-interrogation protocols using fair and feasible strategies that would disrupt suspects' cognitive fluency are emphasized. Copyright © 2016 John Wiley & Sons, Ltd.

Detecting Deception within Small Groups: A Literature Review

Investigators often have multiple suspects to interview in order to determine whether they are guilty or innocent of a crime. Nevertheless, co-offending has been significantly neglected within the deception detection literature. The current review is the first of its kind to discuss co-offending and the importance of examining the detection of deception within groups. Groups of suspects can be interviewed separately (individual interviewing) or simultaneously (collective interviewing) and these differing interviewing styles are assessed throughout the review. The review emphasizes the differences between lone individuals and groups. It focuses on the theoretical implications of group deceit and the reasons why groups need to be understood in terms of investigative interviewing and deception detection if all types of crime-related incidents are to be recognized and dealt with appropriately. Group strategies, consistency within- and between-statements, joint memory, and group dynamics are referred to throughout the review and the importance of developing interview protocols specifically for groups is discussed. The review concludes by identifying the gaps in the literature and suggesting ideas for future research, highlighting that more research is required if we are to obtain a true understanding of the deception occurring within groups and how best to detect it.

Catching a Deceiver in the Act: Processes Underlying Deception in an Interactive Interview Setting

Lying is known to evoke stress and cognitive load. Both form cues to deception and lead to an increase in sympathetic nervous system (SNS) activity. But in reality, deceivers stick to the truth most the time and only lie occasionally. The present study therefore examined in an interactive suspect interview setting, whether deceivers still have clearly diverging cognitive and emotional processes from truth tellers when only having the intention to lie incidentally. We found that deceivers who lied constantly diverge from truth tellers in SNS activity, self-reported cognitive load and stress. Across all interviews, SNS activity correlated stronger with self-reports of cognitive load than stress, which supports the cognitive load approach. Furthermore, deceivers who told the truth and lied on only one crucial question, particularly diverged in self-reported stress from truth-tellers. In terms of SNS activity and self-reported cognitive load, no differences were found. Theoretical and practical implications are discussed.

A reverse order interview does not aid deception detection regarding intentions

Promising recent research suggests that more cognitively demanding interviews improve deception detection accuracy. Would these cognitively demanding techniques work in the same way when discriminating between true and false future intentions? In Experiment 1 participants planned to complete a task, but instead were intercepted and interviewed about their intentions. Participants lied or told the truth, and were subjected to high (reverse order) or low (sequential order) cognitive load interviews. Third-party observers watched these interviews and indicated whether they thought the person was lying or telling the truth. Subjecting participants to a reverse compared to sequential interview increased the misidentification rate and the appearance of cognitive load in truth tellers. People lying about false intentions were not better identified. In Experiment 2, a second set of third-party observers rated behavioral cues. Consistent with Experiment 1, truth tellers, but not liars, exhibited more behaviors associated with lying and fewer behaviors associated with truth telling in the reverse than sequential interview. Together these results suggest that certain cognitively demanding interviews may be less useful when interviewing to detect false intentions. Explaining a true intention while under higher cognitive demand places truth tellers at risk of being misclassified. There may be such a thing as too much cognitive load induced by certain techniques

Active Deception Detection

Actively detecting deception requires (a) gathering information for fact-checking the communication content, (b) strategically prompting deception cues, and (c) encouraging honest admissions and discouraging continued deceit. Most deception-detection research, active or otherwise, finds that people are only slightly better than chance at correctly distinguishing truth from lies. Poor accuracy stems from a lack of reliable deception cues that hold across people and situations. Consequently, basing lie detection on deception cues is prone to error. However, some approaches to active deception detection yield higher accuracy than passive observation. Not all active approaches are advantageous. Mere interaction and mere question-asking produce outcomes similar to passive observation. Evidence-based and confession-solicitation approaches can be highly effective: for example, strategic use of evidence (SUE) and the content in context approach.

Interviewing to Detect Deception

DePaulo et al.’s (2003) meta-analysis of verbal and nonverbal cues to deception showed that cues to deception are faint and unreliable. If liars do not spontaneously display diagnostic cues to deceit, a logical step is to make sure that investigators elicit or enhance such cues in interviews through specific interview technique. Such interview techniques were scarce in the nonverbal and verbal cues to deception domain, but recently researchers have developed alternative protocols that have their roots in cognition and are based on the assumption that questions can be asked that are more difficult for liars to answer than for truth tellers. They will be discussed in the first part of this article. Traditionally, lie detection in a forensic context concentrated on police-suspect interview settings. However, in the wake of high-profile international terrorist attacks, the importance of identifying terrorist networks and gathering intelligence about the activities of such groups has become paramount. Deception detection in intelligence interviews differs in several ways from deception detection in traditional police-suspect interviews and requires innovative deception research. In the second part of this article we discuss the emerging literature in this domain.

Preventing Future Crimes

This review paper examines the growing body of research on the psycho-legal study of true and false intentions – a typically neglected area within the field of deception detection. The extant studies are thematically grouped into four main topics: (i) physiological measures; (ii) implicit measures; (iii) strategic interviewing; and (iv) studies examining episodic future thought (EFT) and mental images. The benefits and limitations, and underlying theory of the respective approaches are discussed. The paper also provides a note on relevant theory, specific for intention research, and recommendations for future research directions. Findings from experimental research are related to the applied context.

Eliciting cues to false intent: a new application of strategic interviewing

This article examined how to elicit cues to deception when a suspect is asked both about his/her intentions and his/her corresponding past planning, and when the investigator holds evidence on the suspect's planning activities. In a new experimental set-up accommodating the main characteristics of intent, participants (N = 120) either planned a criminal or a non-criminal act. They were intercepted before completing the planned act. Each participant was interviewed in accordance with one of three interview techniques: Early Evidence disclosure or one of two versions of the Strategic Use of Evidence (SUE) technique. All the interviews were transcribed and scored for consistency. As predicted, the liars were perceived as having a higher degree of inconsistency for two of the three relevant comparisons (Statement on Planning-Evidence on Planning; Statement on Intent-Evidence on Planning). Furthermore, using the evidence strategically resulted in differences between liars and truth tellers being magnified, as predicted. This article advances previous findings in showing that by interviewing strategically with respect to the evidence, it is possible to elicit reliable cues to deception when a suspect is asked about intentions and corresponding planning activities.

Inside interrogation: the lie, the bluff, and false confessions

Using a less deceptive variant of the false evidence ploy, interrogators often use the bluff tactic, whereby they pretend to have evidence to be tested without further claiming that it necessarily implicates the suspect. Three experiments were conducted to assess the impact of the bluff on confession rates. Using the Kassin and Kiechel (Psychol Sci 7:125-128, 1996) computer crash paradigm, Experiment 1 indicated that bluffing increases false confessions comparable to the effect produced by the presentation of false evidence. Experiment 2 replicated the bluff effect and provided self-reports indicating that innocent participants saw the bluff as a promise of future exoneration which, paradoxically, made it easier to confess. Using a variant of the Russano et al. (Psychol Sci 16:481-486, 2005) cheating paradigm, Experiment 3 replicated the bluff effect on innocent suspects once again, though a ceiling effect was obtained in the guilty condition. Results suggest that the phenomenology of innocence can lead innocents to confess even in response to relatively benign interrogation tactics.

Outsmarting the Liars: Toward a Cognitive Lie Detection Approach

Five decades of lie detection research have shown that people’s ability to detect deception by observing behavior and listening to speech is limited. The problem is that cues to deception are typically faint and unreliable. The aim for interviewers, therefore, is to ask questions that actively elicit and amplify verbal and nonverbal cues to deceit. We present an innovative lie detection perspective based on cognitive load, demonstrating that it is possible to ask questions that raise cognitive load more in liars than in truth tellers. This cognitive lie detection perspective consists of two approaches. The imposing-cognitive-load approach aims to make the interview setting more difficult for interviewees. We argue that this affects liars more than truth tellers, resulting in more, and more blatant, cues to deceit. The strategic-questioning approach examines different ways of questioning that elicit the most differential responses between truth tellers and liars.

Reflections on self-deception

Commentators raised 10 major questions with regard to self-deception: Are dual representations necessary? Does self-deception serve intrapersonal goals? What forces shape self-deception? Are there cultural differences in self-deception? What is the self? Does self-deception have costs? How well do people detect deception? Are self-deceivers lying? Do cognitive processes account for seemingly motivational ones? And how is mental illness tied up with self-deception? We address these questions and conclude that none of them compel major modifications to our theory of self-deception, although many commentators provided helpful suggestions and observations.