Investigative Interviewing

393 Pages·2013·8.001 MB·English

by  Williamson, Tom

Investigative ~
Interviewing
Rights, research, regulation
Edited by
WILLAN Tom Williamson
PUBLISHING
Investigative Interviewing

Investigative Interviewing
Rights, research and regulation
Edited by
Tom Williamson
WILLAN
PUBLISHING
Published by
Willan Publishing
Culmcott House
Mill Street, Uffculme
Cullompton, Devon
EX15 3AT, UK
Tel: [phone]
Fax: [phone]
e-mail: [email protected]
website: www.willanpublishing.co.uk
Published simultaneously in the USA and Canada by
Willan Publishing
c/o ISBS, 920 NE 58th Ave, Suite 300
Portland, Oregon 97213-3644, USA
Tel: [phone]
Fax: [phone]
e-mail: [email protected]
website: www.isbs.com
© editor and contributors 2006
The rights of the editor and contributors to be identified as the authors of this book have been
asserted by them in accordance with the Copyright, Designs and Patents Act of 1988.
All rights reserved; no part of this publication may be reproduced, stored in a retrieval system,
or transmitted in any form or by any means, electronic, mechanical, photocopying, recording
or otherwise without the prior written permission of the Publishers or a licence permitting
copying in the UK issued by the Copyright Licensing Agency Ltd, 90 Tottenham Court Road,
London W1P9HE.
Hardback
ISBN-13: 978-1-84392-124-0
ISBN-10:1-84392-124-3
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Project management by Deer Park Productions, Tavistock, Devon
Typeset by CCS, Leighton Buzzard, Beds
Printed and bound by T.J. International, Padstow, Cornwall
Contents
Foreword by the Honourable Justice Peter Cory vii
Acknowledgements ix
Introduction xi
Notes on contributors xvii
List of figures and tables xxi
Part I: Developments in Rights 1
1 Investigative interviewing and human rights in
the war on terrorism 3
Tom Williamson
2 Al-Qaeda-related subjects: a law enforcement perspective 23
Michael G. Celles, Robert McFadden, Randy Borum
and Bryan Vossekuil
3 American interrogation methods in the war on terror 42
David Rose
4 The interrogation of terrorist suspects: the banality
of torture 64
John /. Pearse
Part II: Developments in Research 85
5 The psychology of rapport: five basic rules 87
Michel St-Yves
6 Confessions by sex offenders 107
Michel St-Yves
7 The psychology of interrogations and confessions 123
Gisli H. Gudjonsson
Investigative Interviewing
8 Towards greater professionalism: minimizing
miscarriages of justice 147
Tom Williamson
9 Will it all end in tiers? Police interviews with
suspects in Britain 167
Andy Griffiths and Becky Milne
10 The Reid Technique of interviewing and interrogation 190
Joseph P. Buckley
11 A critical appraisal of modern police interrogations 207
Saul M. Kassin
12 Investigative interviewing and the detection of
deception 229
Mark G. Frank, John D. Yarbrough and Paul Ekman
Part III: Developments in Regulation 257
13 Recovered memories 259
James Ost
14 Investigative interviewing: suspects' and victims' rights
in balance 292
Robert Roy
15 Regulating police interrogation 318
David Dixon
16 Conclusion 353
Tom Williamson
Index 357
vi
Foreword
The Honourable Justice Peter Cory
If society did not already have grave concerns for the well-being of
society, recent events have given rise to still greater concerns relating
to the administration of justice. Let us consider but a few of these
events.
To mention terrorist activity leads to thoughts of the alleged
terrorists confined at Guatanamo Bay for extended periods of time
while investigations are undertaken. For all this time they are held
in captivity without knowing the charge or charges that they may
eventually face. This seems to violate the provisions of Magna Carta,
perhaps the earliest declaration of human rights in the western
world. How does such an extended detention affect the prisoner and
his response to interrogation? What safeguards, if any, should be
imposed on the manner of interrogating the prisoners?
What of false confessions. Case studies have determined that false
confessions leading to the conviction of innocent prisoners have all too
often been made. Was it the manner of interrogation that led to these
confessions and, if so, how should an interrogation be conducted of
those who it appears are likely to make such confessions?
As well, studies have demonstrated that tunnel vision of
investigators can affect the investigation of a crime and those involved
in the interrogation of suspects. Once again, what can be done to
correct tunnel vision during the interrogation of suspects?
A great deal of the investigation of crimes and terrorist activities
will be done by means of interrogation. This excellent book deals with
methods of interrogation and aspects such as tunnel vision which
may affect the manner in which an interrogation is conducted which
in turn may result in false confessions and wrongful convictions.
Investigative Interviewing
This book will be helpful to all those who conduct interrogations
and to all who are interested in the manner and methods used in
questioning and the effect it may have on the subject of interrogation.
I believe this book will be frequently read and should be referred to
by all who interrogate and all who are interested in the reliability
and fairness of the interrogation.
The Honourable Peter Cory, C.C., C.D., Q.C.
Acknowledgements
This book has its origins in the presentations given at the first
International Conference on Police Interviewing, held at the Ecole
nationale de Police du Quebec, Quebec, Canada from 9 to 11 February
2004. The conference was the brainchild of Michel St-Yves, a forensic
psychologist with the Surete du Quebec, and of his colleagues Jaques
Landry and Michel Pilon who are police officers with the Surete, and
they all share a particular interest in investigative interviewing. In
pursuit of this interest they have visited several countries and closely
examined various models of teaching people skills in interviewing.
They observed that there was much in common with the various
approaches and also areas of considerable disagreement. It was their
vision to hold a conference that would allow the various interested
parties to explain and defend their respective positions. To this end
the conference can be considered a success in that, although creative
tension was built into the design of the conference and disagreements
were discussed, the atmosphere was constructive and never became
disagreeable. Those of us who were privileged to take part in the
conference owe a debt of gratitude to the Surete du Quebec for the
vision to hold the conference and for their excellent arrangements. It is
hoped that this will be the first of a continuing series of international
conferences on investigative interviewing, with others planned for
Portsmouth, England, in 2006 and Hong Kong in 2008.