What really happens in police interviews with serious crime suspects?

1. What really happens in police interviews with serious crime suspects? Early impressions from a study of real-life interviews with murder and other serious crime suspects 1st June 2011 Samantha Leahy-Harland

2. What I’ll cover in this session The ‘basics’ What exactly I’m doing and how Are all open questions good and all leading questions bad? What do solicitors say during interviews? Initial impressions on the quality of these interviews If you want to know more... 2

3. What I’ll cover in this session The ‘basics’ What exactly I’m doing and how Are all open questions good and all leading questions bad? What do solicitors say during interviews? Initial impressions on the quality of these interviews If you want to know more... 3

4. The ‘basics’ • Part-time PhD student - University of Leicester • Professor Ray Bull - supervisor • 1999 to 2011 - worked as a police researcher and policy advisor for Home Office • In the final year of study with submission in September 2011 Background 4

5. The ‘basics’ What exactly I’m doing and how Are all open questions good and all leading questions bad? What do solicitors say during interviews? Initial impressions on the quality of these interviews If you want to know more... 5

6. What exactly I’m doing and how Research Objective To examine and describe, in as much detail as possible, the actual police interviewing of serious crime suspects 6

7. What exactly I’m doing and how Research Objective To examine and describe, in as much detail as possible, the actual police interviewing of serious crime suspects 7

8. What exactly I’m doing and how 8

9. What exactly I’m doing and how Where did I start in developing the coding frame? Pearse and Gudjonnson (1999) Clarke and Milne(2001) Baldwin (1992) Moston and Engleberg (1993) Soukara, Bull, Vrij, Turner and Cherryman (2009) Cherryman (Unpublished thesis, 1999) Griffiths and Milne (2006) Oxburgh (2010) Walsh and Bull (2010) Benneworth (2009) McGurk, Carr, and McGurk (1993) 9

10. What exactly I’m doing and how The coding frame includes 60 different codes, covering: 10

11. What exactly I’m doing and how The coding frame includes 60 different codes, covering: Interviewer activity • Procedural elements (caution, special warning etc.) • Question type • Rapport building • Strategies to get suspect to talk (in suspect’s interest, serious offence etc.) • Challenges used • Evidence presented • Interruptions 11

12. What exactly I’m doing and how The coding frame includes 60 different codes, covering: Interviewer activity • Procedural elements (caution, special warning etc.) • Question type • Rapport building • Strategies to get suspect to talk (in suspect’s interest, serious offence etc.) • Challenges used • Evidence presented • Interruptions Suspect response • Suspect response to questions: did they talk, stay silent, say “no comment”? • Suspect ‘emotions’ – were they frustrated, amused? • Interruptions 12

13. What exactly I’m doing and how The coding frame includes 60 different codes, covering: Interviewer activity • Procedural elements (caution, special warning etc.) • Question type • Rapport building • Strategies to get suspect to talk (in suspect’s interest, serious offence etc.) • Challenges used • Evidence presented • Interruptions Suspect response • Suspect response to questions: did they talk, stay silent, say “no comment”? • Suspect ‘emotions’ – were they frustrated, amused? • Interruptions Solicitor contribution • When did solicitors speak? • What did they say? 13

14. What exactly I’m doing and how Drawing on Pearse and Gudjonnson (1999), each tape was broken down into five-minute segments and every time one of the codes was observed this was recorded on a template... What the coding frame includes... Interviewer activity • Procedural elements (caution, special warning etc.) • Question type • Rapport building • Strategies to get suspect to talk (in suspect’s interest, serious offence etc.) • Challenges used • Evidence presented • Interruptions Suspect response • Suspect response to questions: did they talk, stay silent, say “no comment”? • Suspect ‘emotions’ – were they frustrated, amused? • Interruptions Solicitor contribution • When did solicitors speak? • What did they say? 14

15. What exactly I’m doing and how Drawing on Pearse and Gudjonnson (1999), each tape was broken down into five-minute segments and every time one of the codes was observed this was recorded on a template... ...which effectively captures almost every element of the interaction between the interviewer, suspect and solicitor. What the coding frame includes... Interviewer activity • Procedural elements (caution, special warning etc.) • Question type • Rapport building • Strategies to get suspect to talk (in suspect’s interest, serious offence etc.) • Challenges used • Evidence presented • Interruptions Suspect response • Suspect response to questions: did they talk, stay silent, say “no comment”? • Suspect ‘emotions’ – were they frustrated, amused? • Interruptions Solicitor contribution • When did solicitors speak? • What did they say? 15

16. What exactly I’m doing and how 16

17. What I’ll cover in this session The ‘basics’ What exactly I’m doing and how Are all open questions good and all leading questions bad? What do solicitors say during interviews? Initial impressions on the quality of these interviews If you want to know more... 17

18. Are all open questions good? Are you sitting comfortably? 18

19. Are all open questions good? Are you sitting comfortably? Open questions are recommended to follow the TED approach – Tell, Explain, Describe 19

20. Are all open questions good? Are you sitting comfortably? Open questions are recommended to follow the TED approach – Tell, Explain, Describe “Tell me what happened that day” 20

21. Are all open questions good? Are you sitting comfortably? Open questions are recommended to follow the TED approach – Tell, Explain, Describe “Tell me what happened that day” “Describe to me your relationship with the victim” 21

22. Are all open questions good? Are you sitting comfortably? Open questions are recommended to follow the TED approach – Tell, Explain, Describe “Tell me what happened that day” “Describe to me your relationship with the victim” “Explain the events that led up to this incident” 22

23. Are all open questions good? Tell me what happened yesterday? 23

24. Are all open questions good? Tell me what happened yesterday? “Well, when I woke up......[20 minutes later of uninterrupted free account] and that’s everything I remember” 24

25. Are all open questions good? Tell me what happened yesterday? Tell me what happened yesterday? “Well, when I woke up......[20 minutes later of uninterrupted free account] and that’s everything I remember” “I met up with some friends and went for a drink in the evening, that was about it” 25

26. Are all open questions good? Tell me what happened yesterday? Tell me what happened yesterday? Tell me what happened yesterday? “Well, when I woke up......[20 minutes later of uninterrupted free account] and that’s everything I remember” “I met up with some friends and went for a drink in the evening, that was about it” “What do you mean?” 26

27. Are all open questions good? Tell me what happened yesterday? Tell me what happened yesterday? Tell me what happened yesterday? “Well, when I woke up......[20 minutes later of uninterrupted free account] and that’s everything I remember” “I met up with some friends and went for a drink in the evening, that was about it” “What do you mean?” 27

28. Are all open questions good? Tell me what happened yesterday? Tell me what happened yesterday? Tell me what happened yesterday? “Well, when I woke up......[20 minutes later of uninterrupted free account] and that’s everything I remember” “I met up with some friends and went for a drink in the evening, that was about it” “What do you mean?” These are all based on real exchanges. All suspects in these examples were compliant (talking freely). All denying involvement in the offence. 28

29. Are all leading questions bad? Example 1 Interviewer - “You did murder her, yes?” 29

30. Are all leading questions bad? Example 1 Interviewer - “You did murder her, yes?” Example 2 Interviewer – “Where do you live?” Suspect – “With my auntie” Interviewer – “oh right, so you live with your auntie, in Warwick, yes?” 30

31. Are all open questions good and leading questions bad? Example 1 Interviewer - “You did murder her, yes?” 31

32. Are all leading questions bad? Example 1 Interviewer - “You did murder her, yes?” Umm…? Example 3 Interviewer – “Let’s look at the evidence: we have a number of witnesses who contradict your account of where you were that evening, we have CCTV footage of you with the victim at around the time of her death, and we have DNA evidence linking you to the scene and the victim. All this evidence suggests that you did murder her, yes?” 32

33. The ‘basics’ • What exactly I’m doing and how • Are all open questions good and all leading questions bad? • What do solicitors say during interviews? • Initial impressions on the quality of these interviews • If you want to know more... 33

34. What do solicitors say during the interview? The good... Nothing at all To facilitate communication between the suspect and the interviewer In response to a direct question To clarify evidence

35. What do solicitors say during the interview? The good... Nothing at all To facilitate communication between the suspect and the interviewer In response to a direct question To clarify evidence The bad... To challenge interpretation of the evidence To complain about lack of disclosure To object to questioning on grounds of relevance To advise or remind suspect to say ‘no-comment’ To object to hypothetical or ‘statement’ questions 35

36. What do solicitors say during the interview? The good... Nothing at all To facilitate communication between the suspect and the interviewer In response to a direct question To clarify evidence The bad... To challenge interpretation of the evidence To complain about lack of disclosure And the downright unhelpful... Refuse to answer any questions directed at them in the interview To object to questioning on grounds of relevance To advise or remind suspect to say ‘no-comment’ Inappropriate interruptions To object to hypothetical or ‘statement’ questions 36

37. The ‘basics’ What exactly I’m doing and how Are all open questions good and all leading questions bad? What do solicitors say during interviews? Initial impressions on the quality of these interviews If you want to know more... 37

38. Initial impressions of the quality of these interviews 38

39. Initial impressions of the quality of these interviews Professional – polite and respectful even when faced with extremely hostile suspects; also considerable care shown towards distressed, young or otherwise vulnerable suspects 39

40. Initial impressions of the quality of these interviews Professional – polite and respectful even when faced with extremely hostile suspects; also considerable care shown towards distressed, young or otherwise vulnerable suspects Impartial – explicit and frequent assurances to suspects that the interviewer’s role is to establish the truth, which includes proving the suspect’s innocence 40

41. Initial impressions of the quality of these interviews Professional – polite and respectful even when faced with extremely hostile suspects; also considerable care shown towards distressed, young or otherwise vulnerable suspects Impartial – explicit and frequent assurances to suspects that the interviewer’s role is to establish the truth, which includes proving the suspect’s innocence Probing – despite the obvious professionalism and impartiality, this did not preclude challenging and persistent questioning when necessary 41

42. Initial impressions of the quality of these interviews In 1993, Tom Willliamson described the ethical principles underpinning this new concept of ‘investigative interviewing’. This included: Insert some link reference to PIP and investigative interviewing....but acknowledge later or here issues of sample selection.... Professional – polite and respectful even when faced with the most uncooperative and sometimes extremely hostile suspects Impartial – explicit and frequent assurances to suspects that the interviewer’s role is to establish the truth, which includes proving the suspect’s innocence Probing – despite the obvious professionalism and impartiality, this did not preclude of challenging and persistent questioning when necessary 42

43. Initial impressions of the quality of these interviews • In 1993, Tom Willliamson described the ethical principles underpinning this new concept of ‘investigative interviewing’. This included: • obtaining accurate and reliable information from suspects, witnesses, or victims to discover the truth about matters under police investigation • approaching each interview professionally and with an open mind • treating vulnerable people with particular consideration at all times Insert some link reference to PIP and investigative interviewing....but acknowledge later or here issues of sample selection.... Professional – polite and respectful even when faced with the most uncooperative and sometimes extremely hostile suspects Impartial – explicit and frequent assurances to suspects that the interviewer’s role is to establish the truth, which includes proving the suspect’s innocence Probing – despite the obvious professionalism and impartiality, this did not preclude of challenging and persistent questioning when necessary 43

44. Initial impressions of the quality of these interviews • In 1993, Tom Willliamson described the ethical principles underpinning this new concept of ‘investigative interviewing’. This included: • obtaining accurate and reliable information from suspects, witnesses, or victims to discover the truth about matters under police investigation • approaching each interview professionally and with an open mind • treating vulnerable people with particular consideration at all times • He also observed that: • “questioning practice could be characterised as bland information gathering” • “the level of questioning skill was quite low, with officers capitulating at the slightest obstacle”. Insert some link reference to PIP and investigative interviewing....but acknowledge later or here issues of sample selection.... Professional – polite and respectful even when faced with the most uncooperative and sometimes extremely hostile suspects Impartial – explicit and frequent assurances to suspects that the interviewer’s role is to establish the truth, which includes proving the suspect’s innocence Probing – despite the obvious professionalism and impartiality, this did not preclude of challenging and persistent questioning when necessary 44

45. Initial impressions of the quality of these interviews • In 1993, Tom Willliamson described the ethical principles underpinning this new concept of ‘investigative interviewing’. This included: • obtaining accurate and reliable information from suspects, witnesses, or victims to discover the truth about matters under police investigation • approaching each interview professionally and with an open mind • treating vulnerable people with particular consideration at all times • He also observed that: • “questioning practice could be characterised as bland information gathering” • “the level of questioning skill was quite low, with officers capitulating at the slightest obstacle”. Professional – polite and respectful even when faced with extremely hostile suspects; also considerable care shown towards distressed, young or otherwise vulnerable suspects Impartial – explicit and frequent assurances to suspects that the interviewer’s role is to establish the truth, which includes proving the suspect’s innocence Probing – despite the obvious professionalism and impartiality, this did not preclude challenging and persistent questioning when necessary 45

46. The ‘basics’ What exactly I’m doing and how Are all open questions good and all leading questions bad? What do solicitors say during interviews? Initial impressions on the quality of these interviews If you want to know more... 46

47. Any questions? Too shy? Then contact me: sl288@leicester.ac.uk