and Cognitive Interviewing Chapter 5 Hypnosis vs Cognitive

and Cognitive Interviewing Chapter 5

Hypnosis vs Cognitive Interviewing n Share the same goal u n Neither have been recommended for interrogation u Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin To increase information remembered Both require a willing interviewee 5 -2 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Forensic Hypnosis Defining n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin An investigative memory retrieval technique used to enhance recall in legally relevant situations 5 -3 n Hypnosis is a state of increased receptivity to suggestion characterized by an altered state of consciousness u Hypnotized persons are aware of what is gong on! PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Guidelines for Forensic Hypnosis n n Its use must be consistent with state law Its use must be consistent with clinical and legal safeguards of the subject A rationale for using hypnosis must be made prior to its use Hypnosis should be used for major crime only after all other procedures have been exhausted u u Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Not recommended for use with juveniles Not recommended for use with persons having cognitive disabilities 5 -4 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Phases of Forensic Hypnosis: Induction n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin The hypnotist relaxes the suspect and tests responsivity to suggestion 5 -5 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Phases of Forensic Hypnosis: Narrative n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin The subject is asked to describe the event 5 -6 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Phases of Forensic Hypnosis: Closure n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Subject instruction and closing end the session 5 -7 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Phases of Forensic Hypnosis: Recall n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin After the hypnotic session the subject is asked to recall memories of the crime since the memory enhancement 5 -8 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Challenges to Hypnotic Memory Retrieval Confabulation n Faking n Memory hardening & suggestibility n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5 -9 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Confabulation n Confabulation is a fantasy that has unconsciously replaced fact in memory May be based partially on fact u May be complete construction of imagination u It is a filling in of the memory gaps to make the event more comprehensible u Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5 -10 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Faking n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Hypnosis can be faked People are capable of lying in hypnosis u. No single indicator exists to be sure that the subject is faking 5 -11 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Memory Hardening & Suggestibility n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Memory hardening gives the subject increased confidence in things remembered during hypnosis, whether the facts are true or false Suggestions made during the posthypnotic stage can become permanent 5 -12 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Challenges to the use of Forensic Hypnosis n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin In 1985 the American Medical Association recommended the use of hypnosis be limited to the investigative processes and results not be used as evidence in court 5 -13 n n Few courts allow the introduction of hypnotically induced information Texas and Nevada are examples with law that specifically allows hypnotically refreshed recall for use in criminal and civil cases PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

What is the Cognitive Technique? n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Both specific and general memory jogging guidance techniques were identified and combined to form the cognitive interview technique 5 -14 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

The Foundation of the Cognitive Interview Method n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin The foundation of the Cognitive Interviewing Method is the use of mnemonics 5 -15 n n Mnemonics are memory jogging techniques Mnemonics are methods for remembering information that is otherwise difficult to recall, a memory tool PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

The Four Primary Mnemonics n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Mentally reconstruct the context of the event Report every detail, regardless of apparent importance Recall the events in a variety of orders, moving back and forwards in time Change perspectives and recall from a different points of view 5 -16 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Reconstruction Mnemonic n n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Prior to asking for the narration, recreate the circumstances associated with the event Look for their state of mind just prior to the event and the physical environment surrounding the event Instruct the interviewee to think about the circumstances that surrounded the incident 5 -17 n Time u n year, month, day, time of day Place u location, surroundings, where were you in relation to houses, cars, furniture, equipment of any kind PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Reconstruction: involve the Senses n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Sensory Cues u visual images, sounds, odors, tastes, skin sensations, weather, lightening People u physical appearances; remind you of anyone, why; clothing; behavior; anything unusual 5 -18 n n Conversation u What was said by whom; what particular words, phrase; numbers, high-low- odd-even; names, first – letter name speech characteristics, high or low voice Thoughts u what statements were you making in your own head (why me, I am going to die, will I live? ) PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Report Everything Mnemonic n The interviewer explains that some people hold back information because they don’t know what is important n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5 -19 Through out the interview remind the interviewee that you would like them to talk about everything they remember Give the interviewee permission to recount everything PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Changing the Order of Events Mnemonic n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Instruct the interviewee to recall events in a different order The instruction may include starting from a point that they remember most vividly 5 -20 n n Start at the end and work forward Start with what is most important to you, then go forward or backward PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Changing the Perspective Mnemonic n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Instruct the witness to recall the incident from the perspective of others who were present 5 -21 n Try to put himself or herself in the role of someone else and think about what he or she must have seen PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Additional Memory Jogging Mnemonics n n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin physical appearance names numbers speech characteristics conversation 5 -22 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Cognitive Interview Instruction n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin The researcher asks the questions in the standardized way but also asks the respondents to think aloud, highlight problems, express their opinion, make judgments on the questions… Talk about concentration Use active listening 5 -23 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Step One: Meet & Greet • • Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Develop rapport Encourage active participation Report everything mnemonic Give permission not to answer 5 -24 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Step Two: Narrative Phases Free recall n Guided recall n u n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin reconstruction mnemonic Clarification 5 -25 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Step Three - Extensive Recall through Mnemonics n 1. 2. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin The two primary techniques that have been shown to provide more information are: Switching the Temporal Order (recalling from different order mnemonic) Changing the Perspective mnemonic 5 -26 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Step Four: Summary and Closure n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Briefly summarize the information the interviewee has provided Ask the witness to interrupt immediately if he/she remembers new information or there is any errors in the review 5 -27 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Summary and Closure n n n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Always end the interview on a positive note, so be sure to spend the time helping him or her mentally relocate to present time. Thank the interviewee for their time and effort. Remind him/her to call new information is recalled. 5 -28 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458

Challenges to the use of Cognitive Interviewing n Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin In a court hearing on the use of Cognitive Interviewing (a double murder case) concluded it was a reliable investigative tool and its use in court was upheld (People v. Tuggle, 1995). 5 -29 PRENTICE HALL © 2006 Pearson Education, Inc. Upper Saddle River, NJ 07458