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PSYC*3020 Unit 4.doc

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Department
Psychology
Course
PSYC 3020
Professor
Dan Yarmey
Semester
Winter

Description
Unit 4: Police Procedures Introduction - examine profiling of criminal suspects, detection of deception and “lie detection” through the use of the polygraph, confessions, hypnosis, interrogation and interview methods Profiling of Criminal Suspects - in some types of crimes, certain personality characteristics and behavioural tendencies may be revealed by psychological analyses - criminal profiling is done for crimes involving drug couriers, hijackers, illegal aliens, and psychopathology - the FBIs Behavioural Science Unit and other police forces have developed and used psychological profiles of criminal suspects since the 1970s - legal authorities have determined how these offenders typically select and approach victims, the perpetrators’ reactions to these crimes, their personality make-up, family background and demographic characteristics Read Textbook Chapter 3 pg. 56-88 Chapter 3: The Psychology of Police Investigations - psychologists have identified a number of key investigative tasks where psychology is particularly relevant - one of these relates to the collection and evaluation of investigative information that is often obtained from suspects - another relates to investigative decision making, especially requiring an in-depth un- derstanding of criminal behaviour Police Interrogations - confession evidence is often viewed as “a prosecutor’s most potent weapon” and po- lice officers will often go to great lengths to secure such evidence - in North America, a confession usually has to be backed up by some other form of evi- dence Police Interrogation - a process whereby the police interview a suspect for the purpose of gathering evidence and obtaining a confession - being interrogated by the police for the purpose of extracting a confession is often con- sidered to be inherently coercive - the police interrogators are part of a system that gives them certain powers over you - in the mid-twentieth century, whipping was occasionally used to obtain confessions - in the 1980s, the police jolted a suspect with a stun gun to extract a confession - more subtle, psychologically based interrogation techniques are used now such as ly- ing about evidence, promising lenient treatment, and implying threats to loved ones - police officers sometimes view these techniques as a necessary evil to obtain confes- sions from guilty persons - because offenders are typically reluctant to confess, they must often be tricked into it - the Mr. Big technique is a noncustodial procedure that happens outside of the interro- gation room, it involves undercover police officers who pose as members of a criminal organization and attempt to lure the suspect into the gang, the suspect is made to com- mit minor crimes and then confesses them at what they think is a job interview with “Mr. Big” - not used as frequently as the Reid model but is used often - the Mr. Big technique results in a 75% success rate and a 95% conviction rate - this technique raises some ethical and legal question - does it boil down to entrapment, where a person is induced to commit an illegal act they otherwise would not commit? - the answer is no because it is designed to elicit a confession regarding an event that occurred before the operation started - this technique has been approved by the Canadian courts, which seem to view the “Mr. Big technique as a reasonable use of police trickery that would not bring the admin- istration of justice into disrepute” - psychological research that has examined coercive interrogation has raised concerns The Reid Model of Interrogation - police officers in England and Wales are trained to use interrogation techniques that are far less coercive because they recognize some of the potential problems associated with coercive interrogation practices such as false confession - the most common interrogation training program offered in North American police offi- cers is based on a book called Criminal Interrogation and Confessions, it includes the Reid Model Reid Model - a nine-step model of interrogation used frequently in North America to ex- tract confessions from suspects - consists of a 3-part process: - Stage 1: gather evidence related to the crime and to interview witnesses and victims - Stage 2: conduct a nonaccusatorial interview of the suspect to assess any evidence of deception - Stage 3: conduct an accusatorial interrogation of the suspect (if he or she is perceived to be guilty) in which a nine-step procedure is implemented with the primary objective being to secure a confession, the 9 steps are: 1. Suspect is confronted with their guilt. If the police do not have any evidence, the inter- rogator can, if necessary, pretend that such evidence exists. 2. Psychological themes are developed that allow the suspect to justify, rationalize, or excuse the crime. e.g. saying the victim was asking for it 3. Interrogator interrupts any statements of denial by the suspect to ensure they suspect does not get the upper hand. 4. Interrogator overcomes the suspects objections to the charges to a point at which the suspect becomes quiet and withdrawn. 5. Interrogator ensures that the subject does not tune out of the interrogation by reduc- ing the psychological distance between the interrogator and the suspect e.g. physically moving closer to the suspect 6. Interrogator exhibits sympathy and understanding, and the suspect is urged to come clean. e.g. appeal to the suspect’s sense of decency 7. Suspect is offered face-saving explanations for the crime, which makes self-incrimina- tion easier to achieve. 8. Once the suspect accepts responsibility, the interrogator develops this admission into a full confession. 9. Interrogator gets the suspect to write and sign a full confession. - other suggestions include used a plainly decorated interrogation room to avoid distrac- tions, having the evidence folder in your hand when beginning the interrogation and making sure the suspect is alone in the interrogation suite prior to entering the room - the Reid model is based on the idea that suspects do not confess to crimes they have committed because they fear the potential consequences that await them - the fear is not sufficiently outweighed by their internal feelings of anxiety associated with remaining deceptive - the goal is to reverse this state of affairs, by making the consequences of confessing more desirable than the anxiety related to the deception Minimization Techniques - soft sell tactics used by police interrogators that are de- signed to lull the suspect into a false sense of security e.g. good cop - include sympathy, excuses and justifications Maximization Techniques - scare tactics used by police interrogators that are de- signed to intimate a suspect believed to be guilty e.g. bad cop - exaggerating the seriousness of the offence by making false claims about evidence the police supposedly have The Use of the Reid Model in Actual Interrogations - simply because the Reid model is the most widely taught interrogation procedure in North America does not necessarily mean that police officers rely on it in practice - Kassin conducted a survey of 631 police investigators having them rate how often they used interrogation techniques - results indicated that many of the techniques included the Reid model are used in ac- tual police interrogations - almost always isolated suspects and tried to establish rapport to gain trust - very rare were instances of threatening the suspect with consequences for not cooper- ating and physically intimidating the suspect - there is a chance the responses are biased since they were self-reports measures - King and Snook conducted a more objective analysis and obtained 44 videotaped in- terrogations, results indicate that interrogators do not strictly adhere to the core compo- nents of the Reid model - very few coercive strategies were observed, although a reasonable number of sus- pects were not read their rights to silence and legal counsel - more confessions were given when interrogations contained a greater proportion of Reid techniques Potential Problems with the Reid Model of Interrogation - 3 problems in particular, the first 2 relate to the ability of investigators to detect decep- tion and to the biases that may result when an interrogator believes, perhaps incorrectly, that the suspect is guilty - the third has to do with the coercive nature of certain interrogation practices and the possibility that they will result in false confessions Deception Detecting - detecting when someone is being deceptive - the issue of whether investigators are effective deception detectors is an important one because the actual interrogation of a suspect begins only after an initial interview has al- lowed the interrogator to determine whether the suspect is guilty - the decision to commence a full-blown police interrogation relies on an accurate as- sessment of whether the suspect is being deceptive - there is very little research available to suggest that police officers can detect decep- tion with any degree of accuracy - procedural safeguards are in place to protect an individual during the transition to the interrogation phase of the Reid model - most notably are the Miranda right, the rights of suspects are included in The Charter of Rights and Freedoms, and include the rights to silence and legal counsel - it is only when suspects knowingly and voluntarily waive these rights that their state- ments can be used as evidence against them - Miranda rights may not provide the protection that they are assumed to provide - one significant problem is that many individuals do not understand their rights when they are presented to them - Eastwood and Snook sampled undergraduate students and presented them the 2 legal cautions (right to silence and right to legal counsel) in a verbal and written format - results showed that participants had difficulty understanding each of the cautions, par- ticularly certain elements - presenting them in a written format, one at a time allowed for greater comprehension - concluded that Canadians facing an investigative interview situations will not fully com- prehend their rights and therefor are unable to make a fully informed decision regarding whether or not they should waive their rights Investigator Bias - bias that can result when police officers enter an interrogation set- ting already believing that the suspect is guilty - the second problem occurs during the interrogation and results from the fact that when the police begin their interrogation they already believe the suspect to be guilty - when people form a belief about something before they enter a situation, they often unknowingly seek out and interpret information in that situation in a way that verifies their initial belief - investigator bias - a study showed that interrogators with guilty expectations (1) asked more questions that indicated their belief in the suspect’s guilty, (2) used a higher frequency of interroga- tion techniques, (3) judged more suspect to be guilty, (4) exerted more pressure on sus- pects to confess when they suspect was innocent, (5) suspects has fairly accurate per- ceptions of interrogator behaviour and (6) neutral observers viewed interrogators with guilty expectations as more coercive against innocent suspects and suspects in the guilty expectation condition were more defensive Interrogation Practices and the Courts - the decision to admit confession evidence into court rests on the shoulders of the trial judge - the key issues a judge must consider are whether the confession was made voluntarily and whether the defendant was competent when they provided the confession - confessions resulting from overt forms of coercion will not be admitted in court - in R. v. Oickle, the confession was admitted into court after the police had used tactics such as exaggerating the infallibility of a polygraph exam, implying that psychiatric hep would be provided, minimizing the seriousness, and suggesting that a confession would spare his girlfriend from undergoing interrogation - in R. v. Hoilett the court ruled that the defendant’s confession was involuntary and therefore should not have been admitted at his trial, Hoilett was under the influence of alcohol and crack cocaine, his clothes were taken for an hour and a half and then he was given light clothes to wear - he was cold and wanted a tissue and the police said they would give that to him after the interrogation - he also kept nodding off during the interrogation meaning he was not competent An Alternative to the Reid Model - because of the potential problems that can result from using coercive interrogation arc- tics, police agencies in several countries have introduced change - these are most obvious in England and Wales - these agencies use the so-called PEACE model, an acronym for planning and prepa- ration, engage and explain, account, closure and evaluation - this provides an inquisitorial framework instead of an accusatorial framework and is based on an interview method known as conversation management which encourages information gathering more than securing a confession - police agencies in England and Wales have all but abandoned the term interrogation in favor of investigator interviewing - some research indicators that a decrease in the use of coercive interrogation tactics does not necessarily result in a substantial reduction in the number of confessions - a call has been made by Canadian researchers to replace the Reid model with the PEACE model False Confessions - the biggest problem with the coercive tactics False Confession - a confession that is either intentionally fabricated or is not based on actual knowledge of the facts that form its content - when people have been wrongfully convicted of a crime, a false confession is often to blame - 2 additional terms are often confused with false confessions: Retracted Confession - a confession that the confessor later declares to be false Disputed Confession - a confession that is later disputed at trial The Frequency of False Confessions - no one knows this, the major problem is that in most cases it is almost impossible to determine whether a confession is actually false - a coerced confession isn’t necessarily false and the conviction based on confession evidence does not mean the confession is true Different Types of False Confessions Voluntary False Confessions - occur when someone voluntarily confesses to a crime they did not commit without any elicitation from the police - happens for a variety of reasons: (1) morbid desire for notoriety, (2) the person being unable to distinguish fact from fantasy, (3) the need to make up for pathological feelings of guilt by receiving punishment or (4) a desire to protect somebody else from harm - highly publicized cases do occasionally result in voluntary false confessions - e.g. kidnapping and murder of Charles Lindbergh’s son and the murder of 6 year old beauty queen JonBenet Ramsey Coerced-Compliant False Confessions - results from a desire to escape a coercive interrogation environment or gain a benefit promised by the police, most common - may be given so the suspect can (1) escape further interrogation, (2) gain a promised benefit, or (3) avoid a threatened punishment Coerced-Internalized False Confessions - results from suggestive interrogation tech- niques whereby the confessor actually comes to believe they committed the crime - vulnerability factors are associated with this type: (1) a history of substance abuse or some other interference with brain function, (2) the inability of people to detect discrep- ancies between what they observed and what has been erroneously suggested to them and (3) factors associated with mental state e.g. severe anxiety, confusion - the most frequently cited case of a false confession falls under the heading of a co- erced-internalized false confession, the case involved Paul Ingram who was accused by his 2 adult daughter of committing crimes against them (sexual assault, rape and satan- ic ritual abuse that involved slaughtering newborn babies) - he confessed after initially being adamant he had never committed them and eventual- ly was able to recall the crimes in vivid detail - in prison, he came to believe he was not guilty of the crimes - 2 pieces of evidence that he false confessed: (1) he was exposed to highly suggestive interrogation techniques that influence people’s memory of events and (2) a psycholo- gists hired to evaluate the cased concluded that he had been brainwashed Studying False Confessions in the Lab - difficult because of ethical constraints - researchers have attempted to develop innovative laboratory paradigms that allow them to study the processes that may cause false confessions - Kassin and Kiechel tested whether individuals would confess to a crime they did not commit, they were specifically interested in how participants reacted to allegations - they were especially interested in the participant’s vulnerability and whether false evi- dence was presented (co-conspirator stated they saw them do it) Compliance - a tendency to go along with demands made by people perceived to be in authority, even though the person may not agree with them - to measure this the researchers presented each participants with a written confession and recorded how many participants signed it - many participants accepted responsibility for the crime despite the fact that they were innocent - if the participant accepted blame for the crime, they were recorded as exhibiting inter- nalization Internalization - the acceptance of guilt for an act, even if the person did not actually commit the act Confabulation - the reporting of events that never actually occurred - to measure this, the researchers brought the participants back into the lab, read the list of letters again, and asked the participant to try to reconstruct where things had gone wrong - findings suggest that it is possible to demonstrate, under laboratory conditions, that people can admit to acts they are not responsible for and come to believe in their guilt to such as point that they can reconstruct details of an act that never occurred - whether these can be generalized is unclear because a number of elements are miss- ing: (1) real suspects have much to lose if they are found guilty, (2) all suspects in real interrogations aren’t innocent, and (3) real suspects typically aren’t confused about their involvement in a crime - Russano et al. dealt with these problems by devising a novel parading where only some of the participants were guilty of a crime and where a confession resulted in known consequences - participants were either presented minimization attics or none - a deal was offered in some conditions and not others - results were: guilty participants were much more likely to confess than innocent - participants who were offered a deal were more likely to confess - participants were more likely to confess when minimization tactics were used - the largest increase in confession rates occurred when both minimization adn deal were used together The Consequences of Falsely Confessing - most obvious problem is that the person making the false confession is admitted to court and could be convicted - Kassin and Sukel did a study that showed that participants presented with a confes- sion obtained in a high-pressure condition recognized the confession was involuntary and said it would not affect their decision - in actuality, the presence of a confession was found to significantly increase the con- viction rate, even if it was coerced - a second consequences involves the police and the public - when someone makes a false confession, the police are diverted down a false trail that may waste valuable time Criminal Profiling What is a Criminal Profile? Criminal Profiling - an investigative technique for identifying the major personality and behavioural characteristics of an individual based upon an analysis of the crimes he or she has committed - most commonly used in cases of serial homicide and rape - thought to be most applicable in cases in which extreme forms of psychopathology are exhibited by the offender - criminal profiling is now used for a number of purpose including: (1) help set traps to flush out an offender, (2) determine whether a threatening note should be taken serious- ly, (3) give advice on how best to interrogate a suspect, and (4) tell prosecutors break down defendants in cross-examination - some of the most common personality and behavioural characteristics that profilers try to predict include the offender’s age, sex, race, level of intelligence, educational history, hobbies, family background, residential location, criminal history, employment status, psychosexual development, and post-offence behaviour - in North America, the majority of profilers are experienced and specially trained law enforcement officers The Origins of Criminal Profiling - thought to have been developed by agents from the GBI in the 1970s but there are ex- amples long before that Early Attempts at Criminal Profiling - in 188, Jack the Ripper was mutilating and killing women - police surgeon Dr. George Phillips attempted to create a reconstruction of various crime scenes to gain insight into the offender’s psychological make-up - thought the wound patterns could provide clues about behaviour and personality of the offender - to solve the New York City’s Mad Bomber, Dr James Brussels, a forensic psychiatrist examined the actions of the bomber to develop a profile of the offender The FBI and Beyond - big milestone was the development of a criminal profiling program at the FBI in the 70s - first time profiles were produced in a systematic way by a law enforcement agency and the first time training was provided how to construct criminal profiles VICLAS - the Violent Crime Linkage Analysis System, which was developed by the RCMP to collect and analyze information on serious crimes from across Canada Linkage Blindness - an inability on the part of the police to link geographically dis- persed serial crimes committed by the same offender because of a lack of information sharing among police agencies Investigative Psychology - David Canter founded of a relatively new field of psychology named investigative psy- chology in the 90s - during the John Duffy (Railway Rapid) rape/murder case, he was called to provide a profile and drew on his knowledge of human behaviour How is a Criminal Profile Constructed? - differently by different profiler - regardless of what approach is taken, relatively little is known about the process - Pinizzotto and Finkel describe the process of profiling as an equation in the form: WHAT + WHY = WHO - WHAT = the material that the profilers collect at the start of an investigation - WHY = the motivation for the crime and each crime scene behaviour - WHO = the actual profile - does not precisely tell us how the profiler gets from the what to why to who - profiling is viewed primarily as an art, not a science - it is based to a large extent on the profiler’s experience and intuition Different Types of Profiling Methods - can used 2 approaches: 1. Deductive Criminal Profiling - profiling the background characteristics of an un- known offender based one evidence left at the crime scenes by that particular offender - largely relies on logical reasoning - primary disadvantage is that the underlying logic can sometimes be faulty 2. Inductive Criminal Profiling - profiling the background characteristics on an un- known offender based on what we know about other solved cases - relies largely on a determination of how likely it is an offender will posses certain back- ground characteristics given the prevalence of these characteristics among known of- fenders who have committed similar crimes - major problem is sampling issues - never possible to have a representative sample The Organized-Disorganized Model - a profiling model used by the FBI that assumes that crime scenes and backgrounds of serial offenders can be categorized as organized or disorganized - inductive approach - organized crime scene behaviours reflect a well-planned and controlled crime, while disorganized behaviours reflect an impulsive crime which is chaotic - an offenders background can be classified as either organized or disorganized, orga- nized reflect a methodological individual, disorganized reflect a disturbed individual usu- ally suffering from psychopathology The Validity of Criminal Profiling - police officers hold generally positive views of profiling, they also recognize the limita- tions though - there are 3 criticisms that have received attention from researchers: 1. Many forms of profiling are based on a theoretical model of personality that lacks strong empirical support 2. Many profiles contain information that is so vague and ambiguous they can potentially fit many suspects 3. Professional profilers may be no better than untrained individuals at constructing ac- curate criminal profiles. Does Profiling Have a Strong Theoretical Base? - most forms of profiling rely on a classic trait model Classic Trait Model - a model of personality that assumes that primary determinants of behaviour are stable, internal traits - those who disagree with this model demonstrate that traits are not the only determi- nant of behaviour, situational influences are also very important What is the Impact of Ambiguous Profiles? - almost a quarter of all profiling opinions are ambiguous - there has been research to show that ambiguous profiles can be interpreted to fit more than one suspect, even when they are quite different - note the study was far from realistic and a newer study found different results How Accurate Are Professional Profilers? - professional profilers may be no more accurate in their profiling predictions than indi- viduals who have received no specialized training - this issue has been examined a lot and results are mixed - in a study, professional profilers were the most accurate when it came to cognitive pro- cesses and social history and therefore a higher total accurate score - psychologists were the most accurate when ti came to profiling physical characteris- tics, offence behaviours and personality features Geographic Profiling - an investigative technique that uses crime scene locations to predict the most likely area where an offender resides - used most often in serial homicide and rape but also been used in serial robbery, ar- son and burglary - primarily used for prioritizing potential suspects, this is accomplished by rank ordering the suspects based on how close they live to the predicted home location - the basic assumption is that most serial offenders do not travel far from home to com- mit their crimes and so it should be possible to make a reasonably accurate prediction about where an offender lives - research support this assumption - one of the first cases this was used was the case of the Yorkshire Ripper in England Geographic Profiling Systems - computer systems that use mathematical models of offender spatial behaviour to make predictions about where unknown serial offenders are likely to reside Heuristics - simple general rules that can be used to make decisions and solve prob- lems. In some instances, a reliance on heuristics can result in biased decisions. In other cases, heuristics can result in reasonable accurate decisions e.g. predicting that serial offenders will live close to the locations of the majority of their crimes Back to Course Manual - psychological profiling begins with the analysis of physical evidence and photographs of the victim and the crime scene, collection of information on the victim, such as his or her movements prior to the crime, autopsy and forensic laboratory reports, and witness statements - hypotheses are generated and analyzed for possible motives for the type of crime committed relative to the level of risk taken by the victim and the perpetrator, the nature of the specific location of the crime, the time taken for the deed to be completed, and the sequence of acts most likely to have occurred before and after the crime - crimes are assessed for such factors as the likelihood that: the crime was an orga- nized, planned incident or not, the presence and type of weapons involved, whether the crime was staged to cover up other motivations, whether or not the victim knew the per- petrator, and whether the crime was committed by one or more persons - the trouble with psychological profiles is that the final report does not identify specific suspects, instead the descriptions are general and fit many persons - profiling has the danger of narrowing investigative perspectives such that other valid information that is inconsistent with the profile is discounted - psychological profiling is more of an art than a science - it is more description than theoretical Read Textbook Chapter 4 pg. 89-117 Chapter 4: Deception The Polygraph Technique - the origins of modern polygraphy dat from 1917 when William Marston, a Harvard psy- chologist also trained as a lawyer, developed a systolic blood pressure test and attempt- ed to use this physiological response as evidence for a person’s innocence Polygraph - a device for recording an individual’s autonomic nervous system responses - in Canada, polygraph training is provided by the Canadian Police College Applications of the Polygraph Test - in Canada, police often use them to help their criminal investigations - suspect or witness may be polygraphed - insurance companies may request a polygraph test to verify the claims - has been used to assess and monitor sexual offenders on probation Polygraph Disclosure Tests - used to uncover information about an offender’s past be- haviour - used to determine whether an offender is violating conditions of probation or t test evi- dence of risky behaviour - most widespread applications of polygraph testing in the US were for the periodic test- ing of employees to identify those engaged in theft or using drugs at work and for screening purposes Types of Polygraph Tests - polygraph test does not detect lies, it relies on measuring physiological responses to different questions - 2 main types of tests: 1. The Comparison Question Test - type of polygraph test that includes irrelevant questions that are unrelated to the crime, relevant questions concerning the crime being investigated and comparison questions concerning the person’s honesty and past histo- ry prior to the event being investigated - most commonly used test to investigate criminal acts - critical component is the pretest interview where the examiner develops the control questions and attempts to convince the suspect of the accuracy of the test - guilty suspects are assumed to react more to relevant questions than comparison - innocent suspects are assumed to react more to comparison questions - there are 3 possible outcomes: truthful, deceptive and inconclusive 2. The Concealed Information Test - type of polygraph test deigned to determine if the person knows details about a crime - series of questions in multiple choice format - a guilty suspect is assumed to display a larger physiological respect to the correct op- tion - people will react more strongly to information they recognize as distinctive or important - critiques warn that this only works if the suspect remembers the details of the crime - most common physiological response is palmar sweating - there is lack of widespread acceptance of CIT because (1) since examiners believe in the accuracy of the CQT they are not motivated to use the more difficult CIT and (2) for law enforcement to use the CIT, salient features of the crime must be known only to the perpetrator Validity of Polygraph Techniques Types of Studies - accuracy is determined under ideal circumstances by presenting information known to be true and false to individuals and measuring their corresponding physiological re- sponses - studies of the validity of polygraph techniques are either laboratory or field studies - in laboratory studies, volunteers simulate criminal behaviour or not - the main advantage is that the experimenter knows the Ground Truth - the knowledge of whether the person is actually guilty or innocent - can also compare different types of polygraph tests - limited application in real life - have little fear to failing polygraph - field studies involve real-life situations and actual criminal suspects - often compare the accurate of original examiners (perform the test and know about the crime) to blind examiners (just get the polygraph output) - largest problem is establishing ground truth, 2 ways to deal with this are judicial out- comes and confession - judicial outcomes are problematic because some people are falsely convicted and some guilty people are not convicted - confessions are problematic because people rarely confess but are used the most Polygraph Tests: Accurate or Not? - controversial, only field studies of CQT will be described - CIT is barely used in Canada so its used in Israel in laboratory and field studies will be described - CQT - most guilty suspects are correctly classified as guilty but accuracy rates for in- nocent suspects is 55%-78%, most are classified as inconclusive - 9-24% are falsely identified as guilty - accuracy rates of original examiner are higher than the accuracy of the blind evaluator, especially for suspects who are actually innocent - they are able to use other cues - CIT laboratory and field studies indicate that it is very effective at identifying innocent participants and slightly less effective at identifying guilty participants - CIT appears to be vulnerable to false-negative errors - falsely classifying guilty sus- pects as innocent whereas CQT is vulnerable to false-positive errors (falsely classifying innocent suspects as guilty) Can the Guilty Learn to Beat the Polygraph? Countermeasures - techniques used to conceal guilt e.g. biting your tongue, pressing your toes on the floor, counting backward by 7 - 50% of guilty suspects beat the polygraph exam using these and the examiner couldn’t identify who was using them - anti-anxiety drugs don’t have an affect and the examiner could identify the participants who took them Scientific Opinion: What Do the Experts Say? - a committee concluded: - the theoretical rationale is weak, especially in terms of differential fear, arousal and other emotional states - the existing validation studies have serious implications lab test findings are not as good as field settings - unable to find any field experiments, field quasi-experiment or perspective research- oriented data collection specifically designed to assess polygraph validity and satisfying minimal standards of research quality - claims about the accuracy of the polygraph made today totally parallel those made throughout history - claim high accuracy but research doesn’t support that Admissibility of Polygraph Evidence - first submitted as evidence in the US in Frey v. United States, results were denied, which led to the requirement that a technique must obtain “general acceptance” by the relevant scientific community before it can be admitted as evidence - not admissible in Canadian courts of law, they have the “mystique of science” causing jurors to weight polygraph evidence more than it deserves Brain-Based Deception Research Event-Related Brain Potentials (ERPS) - brain activity measured by placing elec- trodes on the scalp and by recording electrical patterns related to presentation of a stim- ulus - reflect the underlying electrical activity in the cerebral cortex - the P300 is a type that has shown promise - ERPs have been proposed as a measure resistant to manipulation - more recently fMRIs have been used to determine which areas of the brain are associ- ated with deception Verbal and Non-Verbal Behaviour Cues to Lying - it is more difficult for people to control aspects of their non-verbal behaviour than their verbal behaviour - a study found that people focus on controlling their facial expressions when attempting to deceive - more likely to be able to detect deception when you see someone’s body than their face - if a liar is not feeling excited, scared, or guilty or when the lie is easy behavioural cues will not be present - when people are attempting to conceal an emotion, the true emotion may be manifest as a micro facial expression - in a study, no difference in verbal cues was found between liars and truth tellers - liars provide fewer details and smile less when lying about emotional events - voice pitch is the verbal indicator that has been most strongly associated with decep- tion - use of speech disturbances (umm) and slower rate of speech has been found too - more difficult lies may be associated with one pattern of speech disturbances whereas simpler lies may be associated with a different pattern Verbal Cues to Lying - liars provide fewer details and tell less compelling accounts - stories are less likely to make sense, were less engaging and were less fluent - liars were less cooperative and more nervous - truth-tellers were more likely to spontaneously correct their stories and more likely to admit a lack of memory - deception cues easier to detect when liars were motivated to lie - for non-verbal behaviours, nodding, foot and leg movements and hand movements de- creased while lying Are Some People Better at Detecting Deception? - professional lie catches (police officers, judges, and psychologists have an accuracy rate of 55%, no more accurate than students and other citizens - this is because: (1) regular people and police officers tend to rely on behaviours that lack predictive validity (stereotypes such as avoiding eye contact and fidgeting) and (2) most people have a Truth-Bias - the tendency to judge more messages as truthful than deceptive - in another study, US Secret Service agents were the only group that performed better than chance (64% correct), a third of them were 80% accurate or better - the most accurate participants were those who relied on multiple cues - in a more recent study, federal law-enforcement officers and clinical psychologists were able to detect deceit above chance levels (70% correct) - parole officers performed below chance levels (40%) but after attending a deception- detection workshop, they were significantly more accurate (77% correct) - in a review of 40 studies, Vrij found a 67% accuracy rate for detecting truths and a 44% accuracy rate for detecting lies - in most studies, truthful messages are identified with more accuracy than deceptive ones - even professional lie catchers have a truthfulness bias - even professionals rely on the wrong cues - high-stakes lies are easier to detect than low-stake ones - neither level of experience nor confidence in deception-detection ability are associated with accuracy rates - there are not specific traits related to detecting deception in others - deception judg- ments depend more on the liar than the judge - in university students, detection accuracy was highest when the judge was left-hand- ed, the target was unattractive, the target and the judge were of opposite genders and facial cues were relied on - left-handers rely more on right-hemisphere processes which may be associated with greater emphasis on processing facial cues - attractive liars are more readily believed because of the stereotype that attractive peo- ple are more likely to tell the truth - Dr. Stephen Porter studied implanting memories of stressful childhood events - he was surprised at the extent to which emotional memory can be so powerfully ma- nipulated - his research was one of the factors contributing to the demise of the re- pressed memory movement Assessment of Malingering and Deception Disorders of Deception - deception is a central component of some psychological disorders which vary on 2 di- mensions: (1) whether the person intentionally or consciously produces the symptoms and (2) whether the motivation is internal or external Factitious Disorder - the person’s physical and psychological symptoms are intention- ally produced and are adapted to assume the role of a sick person with the absence of external incentives - there are many different subtypes of factitious disorders Munchausen Syndrome - a rare factitious disorder in which a person intentionally pro- duces a physical complain and constantly seeks physician consultations, hospitaliza- tions and even surgery to treat the nonexistent illness - Munchausen Syndrome by Proxy is when parents or caregivers falsified symptoms in their children Somatoform Disorders - physical symptoms suggest a physical illness but have no known underlying physiological cause and the symptoms are not intentionally produced Malingering - intentionally faking psychological or physical symptoms for some type of external gain - people typically malinger for the following external motivations: (1) criminal may try to avoid punishment, (2) prisoners or patients may seek drugs, prisoners may want to be transferred to a psychiatric facility to do easier time or escape, (3) avoid conscription by the military, (4) seek financial gain from disability claims, workers compensation, and (5) obtain free room and board in a hospital - any psychiatric or physical disorder may be malingered - individuals with factitious and somatoform disorders often encourage and even inset on having physical tests and invasive procedures whereas malingerers often refuse to cooperate with invasive procedures - patients who malinger rarely admit it - malingering is relatively high in forensic contexts Defensiveness - the opposite of malingering, conscious denial or extreme minimization of physical or psychological symptoms, seek to present themselves in a favourable light - may want to meet an external needs (be a fit parent) or internal need (unwillingness to acknowledge they are a “patient”) Explanatory Models of Malingering - 3 of them: pathogenic, criminological and adaptational 1. Pathogenic Model - assumes that people are motivated to malinger because of an underlying mental disorder, attempts to gain control over their pathology by creating bo- gus symptoms 2. Criminological Model - focuses on “badness”, a bad person, in bad circumstances who is performing badly - malingering should be strongly suspected if 2 or more of the following are evident: (1) antisocial personality disorder, (2) forensic assessment, (3) lack of cooperation and (4) marked discrepancy between subjective complains and objective findings 3. Adaptational Model - malingering is likely to occur when (1) there is a perceived ad- versarial context, (2) personal stakes are very high, and (3) no other viable alternatives are perceived - there are higher rates of malingering in adversarial settings or when the personal stakes are high - this last model provides the broadest and least pejorative explanation How to Study Malingering - 3 basic designs: case study, simulation, and known groups - case studies are not used as often as they once were but are useful for generating a wide variety of hypotheses that can be tested by using designs with more experimental rigour - case studies is the only way to examine rare syndromes (MBP) Simulation Design - most used when researching malingering, people are told to pre- tend they have specific symptoms or a disorder - optimal stimulation design would use 4 groups: nonclinical experimental, nonclinical- control, clinical-experimental, and clinical-control - primary strength is its experimental riguor, main disadvantage is its limited generaliz- ability to the real world - telling participants about disorders doesn’t help them but information about detection strategies does help them avoid detection - ethical concerns have been raised about whether participants should be taught how to become skilled malingerers - when individuals engage in malingering in applied settings, the stakes are often high - both the type and magnitude of incentives are limited in simulation studies - rarely use negative incentives in research Known-Groups Design - involves comparing genuine patients and malingerers at- tempting to fake the disorder the patients have - main strength is its generalizability to real-world settings - limitation is the establishment of the criterion groups, samples of genuine patients like- ly include errors and some malingerers may be genuine patients - rarely used because of the difficulty with reliable and accurate criterion groups Malingered Psychosis - the presence of malingering does not negate the possibility that other psychiatric ill- nesses or psychological disorders are present - the term instrumental psychosis was developed to identify patients attempting to feign symptoms to secure special accommodations What Are the Indicators of Malingered Psychosis? - tend to overact, believe the more bizarre they are, the more psychotic they will appear - willing to discuss their symptoms when asked whereas actual patients are reluctant - may behave in an intimidating manner or accuse the clinician of not believing them - may be evasive when asked to provide details - report rare, atypical, blatant or absurd symptoms - more likely to report positive symptoms of schizophrenia (delusions or hallucinations) compared with negative symptoms (concreteness, peculiar thinking) - actual patients report coping strategies to make the voices go away, malingerers don’t - understandable motive for committing crime, partner in crime, current crime fits pat- terns of previous criminal history - genuine visual hallucinations are usually of normal-size people seen in colour Assessment Methods to Detect Malingered Psychosis Interview-Based Methods - the Structured Interview of Reported Symptoms (SIRS) was initially developed in 1985 and now consists of 172 items that are scored from a structured interview - they are organized into the following 8 scales that represent different strategies: (1) rare symptoms, (2) symptom combinations, (3) absurd symptoms, (4) blatant symptoms, (5) subtle symptoms, (6) selectivity of symptoms, (7) severity of symptoms, (8) reported vs observed symptoms - results correlate strongly with validity from MMPI - another method is the Miller-Forensic Assessment of Symptoms Test and was intend- ed as a brief, structured interview to provide clinicians with a valid and reliable measure for detecting feigned mental illness - contains 9 content items that resemble SIRS scales, including unusual hallucinations, reported versus observed symptoms, contradictory symptoms, extreme symptoms, trig- ger questions, rare combinations, negative image, usual symptom onset, and sug- gestibility Self-Report Questionnaire - most widely used is the MMPI-2 which includes several clinical scales to assess psy- chopathology but also several scales designed to test malingering - the Infrequency (F) scale and the Back F (FB) scales were found to be the most useful at detecting malingerers Back to Course Manual Detection of Deception - the detection of lying depends upon the interviewer or observer making an analysis of the speaker’s verbal and nonverbal behaviour - depends upon the accuracy of recognition of signs of emotional falsifications that leak through into limb movements or facial expression, or speech disturbances - decreases in limb movement may be indicative of deception - facial characteristics (gaze aversion, smiling, emotions not fitting the context) may also indicate deception - most people are relatively poor judges of deception - people are superior on average in detecting deceit from listening to a speaker’s voice than from merely seeing the speaker - nonverbal behaviors are usually the more accurate indicator of the speakers’ true thoughts and feelings - nonverbal behaviours yield more accurate judgments about emotional states because individuals are less able to control leakages through movements than when people ver- bally communicate - planned speech deception is correlated with more speech disturbances, slower rates of speech, higher pitch and longer latency periods before answering questions - deceitful reports are less details and coherent - deceptive individuals are less likely to admit forgetting aspects of an event - if untrained observers make decisions about the truth of a witness’s statements their accuracy of judgments will probably be no better than chance Lie Detection: The Polygraph - the polygraph measures subtle changes in heart rate, blood pressure, respiration and perspiration - these changes are predomi
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