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Making Use of What is Said:

Making Use of What is Said:. The Meaning and Value of Testimonial Evidence. Course Outline. “Eye” is for Interviewing: How we Communicate: The Rules Victims, Witnesses, Suspects – As Sources Information of Interest to Investigators and How we Get It Analyzing the Information You Have.

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Making Use of What is Said:

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  1. Making Use of What is Said: The Meaning and Value of Testimonial Evidence

  2. Course Outline • “Eye” is for Interviewing: • How we Communicate: The Rules • Victims, Witnesses, Suspects – As Sources • Information of Interest to Investigators and How we Get It • Analyzing the Information You Have

  3. Course Outline • Forensic Interviewing Best Practices • General Considerations • Participants • Conducting a Forensic Interview • Special Topics

  4. Course Outline • Understanding Recantation • How Children Communicate • The Nature of Disclosures • Complaint Corroboration • Victimology: Facing the Probability of an Evolution • Understanding Recantation

  5. Course Outline • Interrogation of Suspects and Testifying on Confessions • Interview vs. Interrogation • Distinguishing Between True and False Confessions • Testifying on a Confession

  6. But First, A Little Philosophy

  7. The Criminal Investigator… • Must not be opinionated, tainted with prejudice, or prone to pre-judgment • Must have an eye for details, and the ability to recognize and evaluate evidence

  8. The great thing about America is…

  9. The greatest thing about being a criminal investigator is…. • You get to be the person who searches for the truth, no matter what the truth holds, who it implicates, who is exonerates, who it pleases or displeases. And, you rarely have to make the tough decisions. You just search for truth in every way it speaks.

  10. The Cases are Real: The People are Somebody’s …

  11. Where to begin… • “I have no idea yet. It is a cardinal sin to theorize before one has data, for in so doing, one begins to twist the facts to suit the theories, instead of the theories to suit the facts.” • Sherlock Holmes

  12. Things are not always as they appear…

  13. Sometimes they are…

  14. TRAINING REALITY

  15. Special Agent J.D. Cromer ICIAF Profiler Understudy Virginia State Police Bureau of Criminal Investigation General Investigation Section Violent Crimes Unit Appomattox Division 540.332.7980 jon.cromer@vsp.virginia.gov

  16. “EYE” is for Interviewing

  17. How We Communicate: The Rules, Regardless of the Problem • Do not give up the information! • Don’t Lie, That’s Bad! • Don’t stand there, say something….just not everything! • Don’t arouse suspicion! • Don’t provoke a conflict! • Make this whole thing go away!

  18. And this works with WHO? • Everybody: • Victims / Complainants • Suspects • Witnesses • …Your spouse, children…but, don’t you dare!

  19. How We Learned to Lie…From our Parents! • The “Pickle Story”….”Daddy, Where’s the soap?” • Parent: “Don’t lie to me!” • Behind the lady with the weight problem at the grocery store… • Parent: “Shut up!” • The Lesson is Complete!

  20. Why it Works • Everyone wants to tell everyone else the truth all the time…but if he/she can’t… • The most difficult way to lie is to use • First Person, Past Tense, Singular • “I didn’t do it!” • So, what are the liar’s options? • Avoid FP/PT/S; for example… • Third Person or Passive Language or Omit Pronouns • Present or Future Tense • “It was done” Technique

  21. “Distance” • “We went to the movies last night” • Had fun, liked it, like your spouse, your kind of movie • “My wife and I went to the movies last night.” • Good, but not as good as above • “I went to the movies last night with my wife” • Notice: “I…………………………….my wife.” • Didn’t have fun, or don’t really like your spouse, or not your kind of movie

  22. Other Proximity of Pro/nouns Observations • “My husband, Cindy and I…”

  23. Other Proximity of Pro/nouns Observations • “My husband, Cindy and I…” • Cindy is between “my husband” & “I” The odds are, especially if this occurs multiple times, that “Cindy” is between “my husband” and “I” in more ways than just on the paper.

  24. A Bit of Trivia… • “You can’t eat your cake and have it too.”

  25. Analyzing the Statement • Test of Structure (Distribution of Time) • Test of Pronouns • Test of Language • Connections

  26. Analyzing the Statement • Distribution of Time: • Time Before the Event / Main Issue • Time devoted to the Event / Main Issue • Time After the Event / Main Issue Time is reflected in words / percent of total words

  27. Analyzing the Statement:Distribution of Time • Target Distribution: 20-50-30 • If Before>30-40%, Event>65%, or After>Event = Deception is likely • 85% Deceptive Statements: Before>After • Truthful Format: • Pre<30% • Event>Pre • Event>Post • Post>Pre

  28. Analyzing the Statement • Rate of Story…Words/Lines per Hour of Story • 3 lines per hour is average • Slowing down (more lines per hour) = subject likely going to lie later in the story • Speeding up (fewer lines per hour) = subject like is lying now • Average Statement is 1 ½ pages (25 lines) • [We will discuss “Obtaining the Statement” later]

  29. Analyzing the StatementPronouns • Missing “We” – no “we” by ½ way means under a lot of pressure • Unknown “We” – other person not identified signals bad relationship • “With” implies distance; re: an activity…the persons don’t usually do this activity “with” each other, compare: • “I had dinner with my wife.” • “My wife and I ate dinner.”

  30. Analyzing the StatementPronouns • Talking with… • Living with… • The above styles could indicate conflict • My vs. The – (Missing Possessive) • A word about “Talking”… • Talked / Spoke vs. Said / Told

  31. Analyzing the StatementLanguage • Specifically, Changes in Language • 3:1 is almost certain deception (If unjustified) “I left my car in the lot…the car was there at lunch time…some mentioned seeing the car at some point in the afternoon…I discovered my vehicle missing…” Justified vs. Unjustified changes (Examples)

  32. Analyzing the StatementConnections • Links in thoughts in statement, example: “I went downstairs to the kitchen. After entering thekitchen I made the coffee…” What is happening in the subject’s mind… Signal of “Missing Time or Information” Key Words: Later on; sometime later; shortly thereafter; Afterwards; After; The next thing I remember/know

  33. Getting Started • Type, double-space, number lines • Circle pronouns • “Box” & Highlight & Connect: Persons Unimportant Info Connections Unnecessary Link “Leave” (Out-of-Sequence Info) Why words Exact Locations of Negatively worded phrases sit, sleep, stand Emotions Changes in Language Said/Told/Talk/Spoke

  34. Information of Interest to Investigators & How to Get it • Pure Version Statement vs. Q&A • Proper solicitation of Pure Version Statement • Questions solicitor will likely face • More than Just “Elements of the Offense” • Basic LE Training, interviewing Rape victims • Behaviorally Oriented Interview: A Protocol for Interviewing Surviving Victims of Sexually Motivated Crimes • Physical Behavior of the Offender • Verbal Behavior of the Offender • Sexual Behavior of the Offender • Cognitive Interviewing: Obtaining the Details

  35. Analyzing the Information • Validating the Statements INTERNALLY • Scientific Content Analysis (SCAn) • Yuille Validity Analysis • Validating the Statement EXTERNALLY • Does the testimonial evidence match the physical evidence • Abe Lincoln in the pasture…

  36. Forensic Interviewing

  37. I wasn’t interested. . . • I wanted to investigate death. I was sure that would be more exciting, and more important sounding. • The fact is, I was intimidated by the case: the child interview (Some seasoned Social Worker will probably be watching) • The fact is, I was thinking, “With a child’s word, who can ever be for sure if “it” happened or not?”

  38. My Experience. . . • I thoroughly enjoy the coordinated / multi-disciplined, (Task Force) approach to the cases • Very few go to trial • I have found tremendous satisfaction in solving one of these cases through: good medical evidence, productive child interviews, and a confession • These cases do have happy endings

  39. My Theory • Investigation of Child Sexual / Physical Assault is not for everyone. • But, the Officers who complain about these cases have probably never worked one, OR never worked one successfully, OR never found something they wouldn’t complain about.

  40. I always wanted to know… • What are the details of the disclosure? • Timing is everything…Mike Schmidt at bat • Option 7, Book Report… Izzy’s Fire • What “nuggets” are there in the story? • Percussion fired, black powder, muzzle loading rifle…and the nipple wrench. • Both questions will be answered by a proper investigation

  41. Forensic Interview:Best Practices • A Forensic Interview is an essential component of the fact-finding process. The goal of the interview is to obtain a statement from a child in a developmentally sensitive, unbiased, and truth-seeking manner that will support accurate and fair decision-making processes in the criminal justice system.

  42. General Considerations • Location • The Child’s Needs • The Interviewer • Case Specific Recommendations

  43. Participants • Deciding who should / should not be present at the interview • Clarifying Roles

  44. Documenting the Interview • Options • Note taking, audio, video, some combination • How to decide?

  45. Considerations when Conducting a Forensic Interview • Child Development Considerations • Sex of the Child • Culture and Ethnicity of the Child • Family Background and Parental Reactions • Health Status and History • Educational Status and History • Behavioral Patterns and Possible Psychological Disorders and/or Medications • Child’s Personality and Temperament

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