Truth, lies, and videotape: an investigation of the ability of federal parole officers to detect deception

Finnish district judges' assessments of live versus video-mediated party statements in court

The increase in remote hearings after the COVID-19 pandemic presents an urgent need to examine how judges assess video-mediated witness and party statements compared with live statements. There is currently a limited body of research on this subject. As for the assessment itself, professionals within the judicial system sometimes believe they can detect deception based on visible cues such as body language and emotional expression. Research has, however, shown that lies cannot be detected based on such cues. The Finnish Supreme Court has also given rulings in accordance with the scientific literature. In this study, we used a survey to investigate how much importance a Finnish sample of district judges (N = 47) gave to several variables pertaining to the statement or the statement giver, such as body language and emotional expression. We also investigated the association between the judges' beliefs about the relevance of body language and emotional expression and their preference for live statements or statements via videoconference. The judges reported giving more importance to body language and emotional expression than legal psychology research and Finnish Supreme Court rulings would call for. Our results also indicated that there was a slight bias to assess live statements more favorably than statements given via videoconference, as well as a slight bias in favor of the injured party. More effort must be put into making judges and Supreme Courts aware of findings in legal psychology to avoid biases based on intuitive reasoning where it is contrary to scientific evidence.

Cross cultural verbal cues to deception: truth and lies in first and second language forensic interview contexts

Introduction

The verbal deception literature is largely based upon North American and Western European monolingual English speaker interactions. This paper extends this literature by comparing the verbal behaviors of 88 south Asian bilinguals, conversing in either first (Hindi) or second (English) languages, and 48 British monolinguals conversing in English.

Methods

All participated in a live event following which they were interviewed having been incentivized to be either deceptive or truthful. Event details, complications, verifiable sources, and plausibility ratings were analyzed as a function of veracity, language and culture.

Results

Main effects revealed cross cultural similarities in both first and second language interviews whereby all liar's verbal responses were impoverished and rated as less plausible than truthtellers. However, a series of cross-cultural interactions emerged whereby bi-lingual South Asian truthtellers and liars interviewed in first and second languages exhibited varying patterns of verbal behaviors, differences that have the potential to trigger erroneous assessments in practice.

Discussion

Despite limitations, including concerns centered on the reductionary nature of deception research, our results highlight that while cultural context is important, impoverished, simple verbal accounts should trigger a 'red flag' for further attention irrespective of culture or interview language, since the cognitive load typically associated with formulating a deceptive account apparently emerges in a broadly similar manner.

Behavioral genetics of deception detection performance

Purpose

Deception detection is instrumental in business management but professionals differ widely in terms of deception detection performance. The purpose of this paper is to examine the genetic basis of deception detection performance using the classic twin study design and address the research question: how much variance in individual differences in deception detection performance can be accounted for by the variance in genetics vs environmental influences?

Design/methodology/approach

In total, 192 twins, with 65 pairs of monozygotic (identical) twins and 31 pairs of dizygotic (fraternal) twins participated in an experiment. A series of behavioral genetic analyses were performed.

Findings

The variability in deception detection performance was largely determined by differences in shared and non-shared environments.

Research limitations/implications

The subjects were solicited during the Twins Days Festival so the sample selection and data collection were limited to the natural settings in the field. In addition, the risks and rewards associated with deception detection performance in the study are pale in comparison with those in practice.

Practical implications

Deception detection performance may be improved through training programs. Corporations should continue funding training programs for deception detection.

Originality/value

This is the first empirical study that examines the complementary influences of genetics and environment on people’s ability to detect deception.

"Lie to me"-Oxytocin impairs lie detection between sexes

The hormone oxytocin modulates various aspects of social behaviors and even seems to lead to a tendency for gullibility. The aim of the current study was to investigate the effect of oxytocin on lie detection. We hypothesized that people under oxytocin would be particularly susceptible to lies told by people of the opposite sex. After administration of oxytocin or a placebo, male and female participants were asked to judge the veracity of statements from same- vs. other-sex actors who either lied or told the truth. Results showed that oxytocin decreased the ability of both male and female participants to correctly classify other-sex statements as truths or lies compared to placebo. This effect was based on a lower ability to detect lies and not a stronger bias to regard truth statements as false. Revealing a new effect of oxytocin, the findings may support assumptions about the hormone working as a catalyst for social adaption.

The Fundamental Attribution Error in Detecting Deception: The Boy-Who-Cried-Wolf Effect

Most people are unable to detect accurately when others are lying. Many explanations for this inability have been suggested but the cognitive heuristics involved in lie detection have received little attention. The present study offers evidence from two experiments, based on two different groups of observers, judging two different kinds of lies, presented in two different testing situations, that the fundamental attribution error significantly undermines the ability to detect honesty and deception accurately. Trait judgments of trustworthiness were highly correlated with state judgments of truthfulness, leading, as predicted, to positive correlations with honest detection accuracy and negative correlations with deception detection accuracy. More accurate lie detectors were significantly more likely than less accurate lie detectors to separate state and trait judgments of honesty. The effect of other biases, such as the halo effect and the truthfulness bias, also are examined. Implications for future research and practice are discussed.

Strong, but Wrong: Lay People's and Police Officers' Beliefs about Verbal and Nonverbal Cues to Deception

The present study investigated the beliefs of students and police officers about cues to deception. A total of 95 police officers and 104 undergraduate students filled out a questionnaire addressing beliefs about cues to deception. Twenty-eight verbal cues were included in the questionnaire, all extracted from verbal credibility assessment tools (i.e., CBCA, RM, and SCAN). We investigated to what extent beliefs about nonverbal and verbal cues of deception differed between lay people (students) and police officers, and whether these beliefs were in agreement with objective cues known from research. Both students and police officers believed the usual stereotypical, but non-diagnostic (nonverbal) cues such as gaze aversion and increased movement to be indicative of deception. Yet, participants were less inclined to overestimate the relationship between verbal cues and deception and their beliefs fitted better with what we know from research. The implications of these findings for practice are discussed.

Strong, but Wrong: Lay People's and Police Officers' Beliefs about Verbal and Nonverbal Cues to Deception

The present study investigated the beliefs of students and police officers about cues to deception. A total of 95 police officers and 104 undergraduate students filled out a questionnaire addressing beliefs about cues to deception. Twenty-eight verbal cues were included in the questionnaire, all extracted from verbal credibility assessment tools (i.e., CBCA, RM, and SCAN). We investigated to what extent beliefs about nonverbal and verbal cues of deception differed between lay people (students) and police officers, and whether these beliefs were in agreement with objective cues known from research. Both students and police officers believed the usual stereotypical, but non-diagnostic (nonverbal) cues such as gaze aversion and increased movement to be indicative of deception. Yet, participants were less inclined to overestimate the relationship between verbal cues and deception and their beliefs fitted better with what we know from research. The implications of these findings for practice are discussed.

Some Evidence for Unconscious Lie Detection

To maximize survival and reproductive success, primates evolved the tendency to tell lies and the ability to accurately detect them. Despite the obvious advantage of detecting lies accurately, conscious judgments of veracity are only slightly more accurate than chance. However, findings in forensic psychology, neuroscience, and primatology suggest that lies can be accurately detected when less-conscious mental processes (as opposed to more-conscious mental processes) are used. We predicted that observing someone tell a lie would automatically activate cognitive concepts associated with deception, and observing someone tell the truth would activate concepts associated with truth. In two experiments, we demonstrated that indirect measures of deception detection are significantly more accurate than direct measures. These findings provide a new lens through which to reconsider old questions and approach new investigations of human lie detection.

The Effects of Group Factors on Deception Detection Performance

Deception has been an important problem in interactive groups, impeding effective group communication and group work, yet deception detection in such a context remains understudied. Extrapolated from the interpersonal deception theory (IDT) and group composition research in cooperative contexts, this research proposes that group factors, including diversity and familiarity, have influence on the performance of deception detection. The measurement of group performance was not limited to success, as previous deception studies did, but included efficiency as well because it is fundamental to the effectiveness of deception detection. An analysis of data collected from a real-world online community found that behavioral familiarity had a positive effect, and gender diversity had a negative effect, on group success in deception detection. In addition, behavioral familiarity had a negative effect and functional diversity had a positive effect on the group efficiency of deception detection. The findings not only extend IDT in several important ways but also suggest the need to distinguish between noncooperative and cooperative groups, an important theoretical implication for group composition research.

Police lie detection accuracy: the effect of lie scenario

Although most people are not better than chance in detecting deception, some groups of police professionals have demonstrated significant lie detection accuracy. One reason for this difference may be that the types of lies police are asked to judge in scientific experiments often do not represent the types of lies they see in their profession. Across 23 studies, involving 31 different police groups in eight countries, police officers tested with lie detection scenarios using high stakes lies (i.e., the lie was personally involving and/or resulted in substantial rewards or punishments for the liar) were significantly more accurate than law enforcement officials tested with low stakes lies. Face validity and construct validity of various lie scenarios are differentiated.

Reading between the lies: identifying concealed and falsified emotions in universal facial expressions

The widespread supposition that aspects of facial communication are uncontrollable and can betray a deceiver's true emotion has received little empirical attention. We examined the presence of inconsistent emotional expressions and "microexpressions" (1/25-1/5 of a second) in genuine and deceptive facial expressions. Participants viewed disgusting, sad, frightening, happy, and neutral images, responding to each with a genuine or deceptive (simulated, neutralized, or masked) expression. Each 1/30-s frame (104,550 frames in 697 expressions) was analyzed for the presence and duration of universal expressions, microexpressions, and blink rate. Relative to genuine emotions, masked emotions were associated with more inconsistent expressions and an elevated blink rate; neutralized emotions showed a decreased blink rate. Negative emotions were more difficult to falsify than happiness. Although untrained observers performed only slightly above chance at detecting deception, inconsistent emotional leakage occurred in 100% of participants at least once and lasted longer than the current definition of a microexpression suggests. Microexpressions were exhibited by 21.95% of participants in 2% of all expressions, and in the upper or lower face only.

"I'm sorry I did it... but he started it": a comparison of the official and self-reported homicide descriptions of psychopaths and non-psychopaths

This study concurrently examined the characteristics of violent actions (homicides) and the manner in which the violent acts are described by the perpetrators. N=50 offenders incarcerated for homicide were classified as psychopathic or non-psychopathic, according to the Psychopathy Checklist-Revised (Hare, 1991, 2003). The instrumentality/reactivity and major details of their violence were coded from the official files. Further, the offenders' own accounts were coded on the same variables by independent raters. Results indicated that whereas psychopaths were far more likely than their counterparts to have perpetrated primarily instrumental homicides, this difference disappeared when examining the self-report descriptions. Overall, although psychopaths and non-psychopaths both tended to exaggerate the reactivity of their homicides, psychopaths did so to a greater degree. Psychopaths also were more likely to omit major details of their offenses.

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

Research on deception detection in legal contexts has neglected the question of how the use of evidence can affect deception detection accuracy. In this study, police trainees (N=82) either were or were not trained in strategically using the evidence when interviewing lying or truth telling mock suspects (N=82). The trainees' strategies as well as liars' and truth tellers' counter-strategies were analyzed. Trained interviewers applied different strategies than did untrained. As a consequence of this, liars interviewed by trained interviewers were more inconsistent with the evidence compared to liars interviewed by untrained interviewers. Trained interviewers created and utilized the statement-evidence consistency cue, and obtained a considerably higher deception detection accuracy rate (85.4%) than untrained interviewers (56.1%).

On the psychology of confessions: does innocence put innocents at risk?

The Central Park jogger case and other recent exonerations highlight the problem of wrongful convictions, 15% to 25% of which have contained confessions in evidence. Recent research suggests that actual innocence does not protect people across a sequence of pivotal decisions: (a) In preinterrogation interviews, investigators commit false-positive errors, presuming innocent suspects guilty; (b) naively believing in the transparency of their innocence, innocent suspects waive their rights; (c) despite or because of their denials, innocent suspects elicit highly confrontational interrogations; (d) certain commonly used techniques lead suspects to confess to crimes they did not commit; and (e) police and others cannot distinguish between uncorroborated true and false confessions. It appears that innocence puts innocents at risk, that consideration should be given to reforming current practices, and that a policy of videotaping interrogations is a necessary means of protection.

"I'd know a false confession if I saw one": a comparative study of college students and police investigators

College students and police investigators watched or listened to 10 prison inmates confessing to crimes. Half the confessions were true accounts; half were false--concocted for the study. Consistent with much recent research, students were generally more accurate than police, and accuracy rates were higher among those presented with audiotaped than videotaped confessions. In addition, investigators were significantly more confident in their judgments and also prone to judge confessors guilty. To determine if police accuracy would increase if this guilty response bias were neutralized, participants in a second experiment were specifically informed that half the confessions were true and half were false. This manipulation eliminated the investigator response bias, but it did not increase accuracy or lower confidence. These findings are discussed for what they imply about the post-interrogation risks to innocent suspects who confess.

"Intuitive" lie detection of children's deception by law enforcement officials and university students

Adults' ability to detect children's deception was examined. Police officers, customs officers, and university students attempted to differentiate between children who lied or told the truth about a transgression. When children were simply questioned about the event (Experiment 1), the adult groups could not distinguish between lie-tellers and truth-tellers. However, participants were more accurate when the children had participated in moral reasoning tasks (Experiment 2) or promised to tell the truth (Experiment 3) before being interviewed. Additional exposure to the children did not affect accuracy (Experiment 4). Customs officers were more certain about their judgments than other groups, but no more accurate. Overall, adults have a limited ability to identify children's deception, regardless of their experience with lie detection.

The Psychology of Confessions: A Review of the Literature and Issues

Recently, in a number of high-profile cases, defendants who were prosecuted, convicted, and sentenced on the basis of false confessions have been exonerated through DNA evidence. As a historical matter, confession has played a prominent role in religion, in psychotherapy, and in criminal law-where it is a prosecutor's most potent weapon. In recent years, psychologists from the clinical, personality, developmental, cognitive, and social areas have brought their theories and research methods to bear on an analysis of confession evidence, how it is obtained, and what impact it has on judges, juries, and other people. Drawing on individual case studies, archival reports, correlational studies, and laboratory and field experiments, this monograph scrutinizes a sequence of events during which confessions may be obtained from criminal suspects and used as evidence. First, we examine the preinterrogation interview, a process by which police target potential suspects for interrogation by making demeanor-based judgments of whether they are being truthful. Consistent with the literature showing that people are poor lie detectors, research suggests that trained and experienced police investigators are prone to see deception at this stage and to make false-positive errors, disbelieving people who are innocent, with a great deal of confidence. Second, we examine the Miranda warning and waiver, a process by which police apprise suspects of their constitutional rights to silence and to counsel. This important procedural safeguard is in place to protect the accused, but researchers have identified reasons why it may have little impact. One reason is that some suspects do not have the capacity to understand and apply these rights. Another is that police have developed methods of obtaining waivers. Indeed, innocent people in particular tend to waive their rights, naively believing that they have nothing to fear or hide and that their innocence will set them free. Third, we examine the modern police interrogation, a guilt-presumptive process of social influence during which trained police use strong, psychologically oriented techniques involving isolation, confrontation, and minimization of blame to elicit confessions. Fourth, we examine the confession itself, discussing theoretical perspectives and research on why people confess during interrogation. In particular, we focus on the problem of false confessions and their corrupting influence in cases of wrongful convictions. We distinguish among voluntary, compliant, and internalized false confessions. We describe personal risk factors for susceptibility to false confessions, such as dispositional tendencies toward compliance and suggestibility, youth, mental retardation, and psychopathology. We then examine situational factors related to the processes of interrogation and show that three common interrogation tactics-isolation; the presentation of false incriminating evidence; and minimization, which implies leniency will follow-can substantially increase the risk that ordinary people will confess to crimes they did not commit, sometimes internalizing the belief in their own culpability. Fifth, we examine the consequences of confession evidence as evaluated by police and prosecutors, followed by judges and juries in court. Research shows that confession evidence is inherently prejudicial, that juries are influenced by confessions despite evidence of coercion and despite a lack of corroboration, and that the assumption that "I'd know a false confession if I saw one" is an unsubstantiated myth. Finally, we address the role of psychologists as expert witnesses and suggest a number of possible safeguards. In particular, we argue that there is a need to reform interrogation practices that increase the risk of false confessions and recommend a policy of mandatory videotaping of all interviews and interrogations.

Detecting True Lies: Police Officers' Ability to Detect Suspects' Lies

Ninety-nine police officers, not identified in previous research as belonging to groups that are superior in lie detection, attempted to detect truths and lies told by suspects during their videotaped police interviews. Accuracy rates were higher than those typically found in deception research and reached levels similar to those obtained by specialized lie detectors in previous research. Accuracy was positively correlated with perceived experience in interviewing suspects and with mentioning cues to detecting deceit that relate to a suspect's story. Accuracy was negatively correlated with popular stereotypical cues such as gaze aversion and fidgeting. As in previous research, accuracy and confidence were not significantly correlated, but the level of confidence was dependent on whether officers judged actual truths or actual lies and on the method by which confidence was measured.

Facial expressions of emotion: a cognitive neuroscience perspective

Facial expressions are one example of emotional behavior that illustrate the importance of emotions to both basic survival and social interaction. Basic facial responses to stimuli such as sweet and bitter taste are important for species fitness and governed by simple rules. Even at this basic level, facial responses have communicative value to other species members. During evolution simple facial responses were extended for use in more complex nonverbal communications; the responses are labile. The perception and production of facial expressions are cognitive processes and numerous subcortical and cortical areas contribute to these operations. We suggest that no specific emotion center exists over and above cognitive systems in the brain, and that emotion should not be divorced from cognition.

Memory for murder. A psychological perspective on dissociative amnesia in legal contexts

There is currently a complex and inconsistent state in the law relating to dissociation and dissociative amnesia (McSherry, 1998). Although dissociative amnesia in defendants is relevant to both competency to stand trial and criminal responsibility in principle, courts have typically assumed a skeptical stance toward such claims in practice. However, there is considerable evidence from both nonoffender and offender populations to support the validity of dissociative amnesia in defendants. Further, there is information available to aid in the evaluation of amnesia, such as the quality of the report itself and characteristics of the person reporting the amnesia (e.g., psychopathy). When consideration is given to the legal response to reports of dissociative amnesia by complainants, the situation becomes even more complex. While some courts have rejected recovered memory evidence, others have convicted defendants of historical offenses based on such evidence. In some cases, judges have argued that jurors should be left to decide on the validity of recovered memories based on their common sense and experience. The uncritical acceptance of the validity of repressed memories in complainants by many courts stands in stark contrast to the response to claims of amnesia from defendants. It seems apparent that the courts need better guidelines around the issue of dissociative amnesia in both populations. We think that the increasing scientific understanding of memory in the past decade (see Schacter, 1999) can meaningfully contribute to the development of such guidelines. Responsible, nonpartisan expert testimony from mental health professionals would be one step in the direction of rectifying the current state of law in regards to dissociation.