How We are Failing as Criminology Researchers...A Call for Action

Unlike my previous blog posts, which have previously had a heavy forensic basis with the analysis of criminal evidence, this blog post will focus on how researchers are failing in the science of criminology...

I often get asked by friends how my current research involving the intersection of gender, sexuality, and officer bias is criminological in nature. When the same friends ask me how do I define "criminology", I have always summed it up typically like this...if psychology and sociology had a crazy drunkard encounter their child would be criminology. Criminology is not "Clarice Starling" interviewing "Hannibal Lector" from "Silence of the Lambs", nor is it determining the probability of recovering readable latent prints on the skin of a homicide victim (see my previous post on latent prints to answer that question). Criminology is the study of determining why certain individuals commit certain crimes, how to prevent and control said crimes, and the very nature and extent of criminal behavior. Criminological research is supposed to accomplish this by examining policy, society, and even to an extent how officers target certain offenders and certain crimes. The complexities of the science itself can even be as detailed as examining what actually constitutes as a crime. While criminology is not a new science, as Italian Cesare Beccaria formulated the principles of classic criminology around 1804 in Essay on Crimes and Punishments, the concepts of contemporary criminologies are deemed as such.

Often modern researchers latch onto old theoretical concepts without giving up-and-coming criminology movements a fair shot. For example, recently I read an article by Rick Nevin in which he addressed how levels of crime could be connected to high levels of lead in drinking water. (For the curious the interesting article is here: http://pic.plover.com/Nevin/Nevin2007.pdf )

While most laughed at the concept of Nevin's (2007) lead argument and additional arguments by Howard Mielke and Sammy Zahran (article here: http://www.sciencedirect.com/science/article/pii/S0160412012000566), they did present something that no one had ever done before. Some have dismissed similar arguments in the somewhat new green criminology movement and other criminology movements, but this is where we as criminologists are failing our science.

With each criminology movement- the positivist revolution, Matza's naturalism, the Chicago School, etc.-the concepts and ideas are viewed as radical and unorthodox for the time. Sure, most criminologists laugh at Lombroso and the Italian School of Criminology in respect to cranial features determining criminal probability of individuals now, but at least they attempted to discover a different explanation for criminal behavior than previous researchers. We, as criminologists, owe it to our science to explore uncharted territories without falling back on constant regurgitated academic theoretical basic philosophies. If we have not successfully explained, discovered, treated, or cured the cause and purpose for crime with years of research with said regurgitated theories---then in essence we have failed. I urge any researcher who is reading this post to always think outside the box of what you read in textbooks---the ramblings of a dinosaur criminologist does nothing to encourage critical thinking in our field. While we must respect what has already been contributed, we must also take these concepts with a grain of salt. We should instead set sail for the uncharted waters of the criminological unknown. If you fail during your journey, at least you have attempted to do something different and solve a problem with a new criminological formula as there is no one way to solve the crime problem.

So for those young pioneers formulating new theories and concepts for our science, stay strong on your course and have the strength to face those who are critical of new theories. Look to other sciences to incorporate into criminology--like biology, psychology, and gender studies. Because in time, the theories of the criminological dinosaurs that academia holds true today will be just as laughable as Lombroso's theory of criminal atavism. Keep thinking critically and never shun those who do the same!

Media Conflict with Forensic Post-Blast Investigations

Since the Boston bombings, I have received several emails from previous students who are asking me to better explain the IEDs that were used in the Boston Marathon. Without going into to much technical detail on construction, I have found this diagram that has been widely circulated internationally throughout news outlets (hence why I am reposting it for demonstrative purposes without any ethical qualms). It should be noted that any speculation at the early stages of a forensic investigation should not lead to a confirmed conclusion until any crime scene/ case is cleared. As such, this blog post is about how the media can damage a major crime scene investigation at a blast site.

It should be noted that this type of device has already been used in the 2005 Delhl's Sarojini Nagar Market bombing, the 2006 Mumbai train bombings, the failed 2010 Stockholm bombing attempt, and the failed 2010 New York Times Square bombing attempt, so it's construction is not a new one. 

Now onto my main part of this post, how the media conflicts with forensic investigations. Since this incident this diagram has been widely circulated along with a brief incorrect history over the construction of the device. Several media outlets have eluded readers that the device construction has a long history in the Middle East indirectly implying that the suspect(s) may be from the same region. I have even seen media photos before the detonation of "possible suspects" at the scene who are of potential Islamic descent without giving any explanation of why they are "suspects". This adds fuel to the anti-Islamic biases that some Americans and Brits possess, and indirectly diverts attention away from any other possible non-Islamic suspect(s) which may or may not impact the actual investigation. As previously mentioned the construction of the device has a deeper history and connection to other parts of the world than the media is exploring. Further, the media appears to be releasing crime scene photos of victims and additional diagrams and photos of the epic center of both detonations without any regard to the on-gong investigation. Based on my detective experience, I can tell you that the releasing of too much information by the media can destroy an investigation, arrest, trial, and even people's lives. A perfect example of this was the handling of the Atlanta Olympic bombing investigation. 

Richard Jewell was a security guard working the Atlanta Olympics in 1996. During his security detail he discovered a pipe bomb and alerted Atlanta Police and helped evacuate the area--saving lives before it detonated. Because he discovered the device and had an eccentric history of wanting to be a hero and police officer the media began trying him without any actual forensic evidence, and with unreliable and inaccurate information. The media trial began with the local paper releasing his name as a possible suspect in the FBI investigation, from there the media snowball spun out of control. As a result of the media two victims even civilly sued Jewell himself before the investigation was completed. In 2005, Jewell was exonerated and the investigation was closed, disclosing that serial bomber Eric Rudolph was responsible for the incident. Jewell then successfully sued NBC, A.J.C. (local newspaper), CNN, New York Post, etc. after he and his family were cruelly and publicly tried by the media. Jewell eventually was able to full-fill his law enforcement dream after his exoneration, but he died at the age of 44 from heart disease and diabetes. One has to wonder how much his international media attention damaged his overall health.

Media speculation will naturally be at an all time high in an incident like this in America and other parts of the Western world, but for some odd reason similar incidents like this occur everyday in other parts of the Eastern world without any media attention at all. On a personal note, I have a hard time understanding how the media holds American lives more highly than others who are victims of other terrorists type events that occur in much larger scale and with worst destruction in other parts of the world (this topic is for another blog post, and due to space constrains will be properly addressed later). As such, I would like to encourage the media to respect the integrity of the crime scene without falsely reporting or referencing possible bomber M.O. (modus operandi) and allow the professionals to do a fair and accurate forensic investigation. Do we really need to know every detail leading to an arrest? With the release of abundant information, once an arrest is made how will this effect jurors in a criminal trial? Bombing investigations can take up to several weeks and it is a slow methodological process to collect and analysis forensic evidence at a crime scene. As such, we need to be patient and not prematurely point bias fingers at any suspect(s) until the guilty party is found.

Psychological Dynamics: Interviewer Characteristics and Suspect Criminal Disclosure

         When investigators conduct an interview, there are possible factors that can influence a questioned person’s responses. These responses can be influenced by the steps of the interview. These steps are part of the cognitive process and begin with a question asked by investigators, and the persons interpreting the question correctly. The person being interviewed then must retrieve the information from memory and construct an answer. During this process, respondents can form answers, edit the responses for social desirability, or shape responses to what they believe the investigator will find acceptable (Lord, Friday, & Brennan, 2005). These responses can be shaped by many factors. These factors can include the investigators’ sex, race, age, gender, and their perceived personality. A response might also be shaped by political beliefs, sexual behavior, and drug and alcohol abuse that the investigator might suggest or project during the interview (Lord, Friday, & Brennan, 2005). Two theories that criminologists and psychologists believe describe these steps of answer editing are the Social Attribution Theory and the Social Distance Model. Both describe the process of answer editing based on the investigator characteristics.

            The Social Attribution Theory suggests that a respondent may modify their responses to meet the societal norms and expectations they perceive that the investigator has based off observable characteristics (Lord, Friday, & Brennan, 2005). This theory is built on the assumption that the investigator characteristics alone are sufficient to influence the behavior and the responses of those being interviewed (Fendrich, Johnson, Shaligram, & Wislar, 1999). For example, an interviewee would be less likely to discuss illegal substance abuse to an investigator who presents observable characteristics that maybe associated with a negative attitude toward drug abuse. The interviewee would withhold or alter their responses to make them more compatible with the perceived investigator’s values (Fendrich, Johnson, Shaligram, & Wislar, 1999).

            Fendrich, Johnson, Shaligram, & Wislar (1999) conducted a study of interviews and subject effects on cocaine and marijuana use disclosure during questioning. The sample comprised of over 3,000 male juvenile arrestees. The juveniles were asked questions about their drug use, particularly marijuana and cocaine. If the juvenile disclosed that they had used either drug, interviewers then asked additional questions regarding the frequency and the last time of their use of the drug. Immediately following the interview, the juveniles were asked to submit to a urine test to confirm any statements. Fendrich, Johnson, Shaligram, & Wislar (1999) found that there was a diminished rate of disclosure that was related to the interviewers’ race; with the less disclosure to interviewers who were African-American. But in regards to marijuana reporting, there existed diminished rates of disclosure. This was attributed and related to the interviewers’ gender; with less disclosure to female interviewers (Fendrich, Johnson, Shaligram, & Wislar, 1999). The interviewers’ age also played a role in disclosure during the study. The juveniles of this study were less likely to disclose their drug use, marijuana and cocaine, to older interviewers (Fendrich, Johnson, Shaligram, & Wislar, 1999). This study also showed that the participants of this study were reluctant to disclose cocaine use but more willing to disclose marijuana use during questioning. Fendrich, Johnson, Shaligram, & Wislar (1999) showed that the less morally sensitive drug, marijuana, had a higher disclosure rate during questioning than its’ perceived more dangerous drug, cocaine, based on the interviewers characteristics. This study demonstrated that certain observable interviewer characteristics are associated with voluntary drug usage disclosure.

            For law enforcement investigators, this study involving the Social Attribution Theory clearly shows that as soon as an investigator walks into a room to interview a person, the person already makes assumptions of the investigator and their perceived values. So what happens in situations involving morally sensitive topics that are discussed during an interview? Another theory as to how certain information of morally sensitive topics is disclosed to investigators can be attributed to the Social Distance Theory.

 The Social Distance Theory is based on the idea that individuals may be hesitant to disclose personal information on sensitive topics, such as sexual behaviors and domestic violence due to the social stigma of the crime or the lack of connection between the investigator and interviewee. If an interviewee perceives that that an investigator has a negative stigma associated with a crime, the interviewee will be less likely to disclose it because they do not feel connected to the investigator. Perceived values that the investigator presents are interrelated with the level of stigma that an interviewee associates with a piece of information. Criminal behaviors are sensitive topics that are stigmatized and criminalized by mainstream society and by investigators in general (Golub, Johnson, Taylor, & Liberty, 2002). Sensitive behaviors such as drug use, sexual practices, and physical violence all have different levels of stigmas. This model states that a respondents’ willingness to disclose sensitive information depends on the social stigma they associate with it (Lord, Friday, & Brennan, 2005). This perceived stigma is based off the differences between the investigator and the interviewee. People tend to disclose more honestly and in greater detail to investigators whom they feel more emotionally comfortable (Catania, Binson, Canchola, Pollack, Hauck, & Coates, 1996). Interviewees edit their responses to the similarities and differences between themselves and the investigator asking questions. For example, if an investigator walks into a room and immediately tells someone they are questioning for child molestation, “child molesters are disgusting...how could anyone do such things to beautiful children”, the interviewee will probably never disclose any information because of the social stigma associated with the crime combined with the perceived values of the investigator. Investigators should be cognitive of stigmas during questioning. It should be noted that stigmas can also appear in an investigators non-verbal movements and gestures also. Something as simple as the nodding of your head in agreement or the look of disgust while the offender is talking could impact the probability of disclosure.

According to a study done by Goulb et al. (2002), individuals are more willing to disclose marijuana use, which is the least stigmatized of the illegal drugs, than recent use of crack cocaine. Goulb et al. (2002) attributed this finding to the social expectations and perceptions of marijuana usage versus crack cocaine usage. Goulb's (2002) theory has since been supported by other recent similar studies. 

A study by Johnson, Fenrich, Shaligram, Garcy, & Gillespie (2000) measured telephone responses regarding lifetime drug disclosure of 3,714 survey participants in Illinois. This study determined that respondents’ reporting recent drug use is relative to interview situations characterized by very high respondent-interviewer similarity (Johnson, Fenrich, Shaligram, Garcy, & Gillespie, 2000). In other words, the closer the respondents felt to the interviewer, the more likely they are to disclose information. Johnson, Fenrich, Shaligram, Garcy, and Gillespie (2000) found that a person interviewed may react, consciously or not, to interviewers based on stereotypes and misperceptions. This should be an important issue for investigators to remember, since a person being interviewed might hold a bias against the investigator's race. This would make it less likely that the interviewee would form a “bond” with the investigator and disclose any information needed during a confession.

Catania, Binson, Canchola, Pollack, Hauck, and Coates (1996) conducted a study of 2,030 18-49 year old adults and asked them questions on sexual behavior. Participants were allowed to choose if they wanted a female or a male interviewer to disclose information about their sexual behavior. Catania et al. (1996) hypothesized that both males and females given the choice to pick the gender of their interviewer will lead to more personal disclosure of the interviewees, which reinforces the Social Distance Model. This study showed that female respondents choose to disclose personal sexual behavior to women, and were less likely to disclose sexual information to male interviewers. Male respondents choose both men and women interviewers, with a slight majority selecting female interviewers (Catania, Binson, Canchola, Pollack, Hauck, & Coates, 1996). This study showed that by making the respondents feel more in control by selecting the gender of their interviewer, there is a perceived decrease in question threat. This perceived decrease in question threat lead to more voluntary disclosures of answers regarding personal sexual behavior.

For investigators this study has provided very valuable information, especially for investigators working sex crimes. Women who are potential suspects in a sex crime might be more willing to disclose more information or feel more comfortable with a female investigator. Men who are potential suspects in a sex crime might be more comfortable to disclose more information to a male or a female. Based on the results of this study I would urge a male and a female investigator to enter the room initially together and see which one the suspect responds or interacts with. The investigator that the suspect has the most observed or preferred interaction with should be the investigator that is the lead during the interview. It should be noted that investigators should not be insulted if the offender connects with a different investigator than themselves.

Investigators questioning possible suspects during an interview should be aware that everything they project and even who they are can determine the disclosure rate during an interview. Investigators should try to find the person that might best connect with the interviewee to be the lead interviewer in a criminal interview. Age, race, gender, and even perceived investigator values can influence how and how much a person might disclose in an interview. Investigators who are working major crimes like homicides, rapes, and child molestations might have a better success rate of disclosure if they attempt to connect with the interviewee and take the stigma away from the crime in question. By removing indicators of negative social stigma, the criminal act could be psychologically justified by the offender while in the process of disclosure. This process allows the criminal to justify or defend his criminal actions. While removing criminal and social stigmas from certain crimes can psychologically haunt investigators when "getting down on their level", it is a necessary interview tactic within policing that is very successful in obtaining criminal confessions. 

REFERENCES

Catania, J., Binson, D., Canchola, J., Pollack, L., Hauck, W., & Coates, T. (1996). Effects of Interviewer Gender, Interviewer Choice, and Item Wording on Responses to Questions Concerning Sexual Behavior. Public Opinion Quarterly, 60,345-375.

Fendrich, M., Johnson, T., Shaligram, C., & Wislar, J. (1999). The Impact of Interviewer Characteristics on Drug Use Reporting by Male Juvenile Arrestees. Journal of Drug Issues, 29 (1), 37-58.

Johnson, T., Fendrich, M., Shaligram, C., Garcy, A., & Gillespie, S. (2000). An Evaluation of the Effects of Interviewer Characteristics in an RDD Telephone Survey of Drug Use. Journal of Drug Issues, 30, (1), 77-102.

Lord, V., Friday, P., & Brennan, P. (2005). The Effects of Interviewer Characteristics on Arrestees’ Responses to Drug-Related Questions. Applied Psychology in Criminal Justice, 1(1), 36-55.



Al Qaeda in the Arabian Peninsula (AQAP)

Recent news reports have brought main-stream attention to AQAP (Al Qaeda in the Arabian Peninsula) and one of the current bomb makers, Ibrahim Hassan Tali al-Asiri. So, what is AQAP and how dangerous is Ibrahim al-Asiri?

The AQAP emerged in January 2009 consisting of Yemeni and Saudi Arabian radicals under the leadership of Amir Masir al-Wahish and Qasim al-Rimi. AQAP's goals are to support the activities of al Qaeda and establish strict Islamic law throughout the world (Bolz, Dubonis, & Schulz, 2012). Collectively, AQAP and Al Qaeda were responsible for the publication called Inspire, an English radical Muslim magazine that provided information on how to construct IEDs and other weapons. The magazine also encouraged radical violent acts and allowed similar-minded individuals to contact each other.

The CIA has described AQAP as a major threat to U.S. security (Bolz et. al., 2012) and they have been known to use explosives, assault weapons, and other small arm weapons. White House counter-terrorism advisor John Brennan has stated that the AQAP is "the most active operational franchise" of al Qaeda outside Afghanistan and Pakistan. The AQAP has gained a reputation for being innovative and very active recently from three major incidents that can be attributed to bomb maker Ibrahim al-Asiri and other radical Islamists.

Ibrahim al-Asiri was responsible for the construction of a device used by his brother, Abdullah al-Asiri, in the failed assassination attempt of Saudi Deputy Interior Minister Prince Mohammed bin Nayef on August 27th, 2009 (Stewart, 2012). Prince Mohammed bin Nayef was in charge of the kingdom's counter-terrorism efforts and was conducting a social appearance during the celebration of Ramadan, the Islamic month of fasting. Prince Mohammed bin Nayef also used the appearance to show the media a Saudi man who was a wanted militant from AQAP and was willing to publicly renounce terrorism (Stewart, 2012). The Saudi man, Abdullah al-Asiri, asked to meet the prince in order to repent and then be accepted into the kingdom's amnesty program. Prior to meeting the prince, al-Asiri was screened by security and a metal detector did not pick up any abnormalities. Unbeknownst to the security staff, al-Asiri has inserted 100 grams of pentaerythritol tetranitrate inside his rectum (Stewart, 2012). Pentaerythritol tetranitrate (PETN) is a powerful relatively stable high explosive which is part of the same chemical family as nitroglycerin. Once al-Asiri was close to the prince, the device detonated ripping al-Asiri in half and thankfully the prince survived. The prince survived due to the downward blast of the device and al-Asiri's body absorbed most of the impact of the blast (Stewart, 2012). Following this failed assassination attempt Ibrahim al-Asiri then used his creative bomb making capabilities to construct the device used on Northwest Flight 253.

On December 25th, 2009 the AQAP claimed credit for the attempted bombing of Northwest Flight 253 as it approached Detroit. The attempted bomber, Umar Farouk Abdulmutallab, tried to detonate a 6 inch package of PETN powder sewn into his underwear.   Umar Abdulmutallab attempted to mix the PETN and liquid acid with triacetone triperoxide (TATP), a high explosive that was also used by shoe bomber Richard Reid in 2001. Thankfully, other passengers noticed foul odours and the flames on Umar's pant legs and subdued him and extinguished the fire before his attack was carried out. After arrest, Umar Abdulmutallab advised that he obtained the device in Yemen and he was directed by al Qaeda to carry out the attack.

The third device that al-Asiri has been considered responsible for is the attempted attack against two U.S. cargo aircraft in October 2010. The two devices were located aboard UPS and FedEx planes addressed to synagogues in Chicago, but counter-terrorism experts believe the devices were intended to blow up the planes once over the United States. The devices consisted of PETN and were hidden inside printer cartridges. The printer itself contained an electrical switch that was connected to a mobile phone SIM card (Stewart, 2012).

Although Ibrahim al-Asiri devices have not been successfully in destroying their intended targets, his innovative and out-of-the-box thinking regarding bomb designs pose a great threat to America and other allies. In previous designs, al-Asiri demonstrated that he is able to create devices that potentially can pass undetected by security screening personnel. This possesses a great hazard particularly to airlines because they are vulnerable; and terrorist attacks generate a large causality rate and extensive press coverage. Until his apprehension, Ibrahim al-Asiri poses a great terrorist threat since his devices are becoming more and more difficult to detect. Tragically, recent media reports have speculated that AQAP may use pets and humans as containers for surgically implanted explosives in the future. With bomb makers like Ibrahim al-Asiri working for the AQAP, I am afraid in time the media reports might actually become true.

References

Bolz, F., Dudonis, K. & Schulz, D. (2012). The Counterterrorism Handbook: Tactics, Procedures, and Techniques-4th Ed. Boca Raton: CRC Press.

Stewart, S. (2012). AQAP: Paradigm Shifts and Lessons Learned. Retrieved from http://www.stratfor.com/weekly/20090902_aqap_paradigm_shifts_and_lessons_learned on 05/12/12.

The Early History of Terrorism

As a counter-terrorism instructor, students often inquire about the early history of terrorism and the influence religion/politics have on certain terrorist acts. Political science historians and terrorism experts (Pape, 2005; Boltz, Dudonis, & Schulz, 2012) have stated that terrorism has been occurring since the first century with the Jewish Zealots and Sicarii. While the organizational structure of the Jewish Zealots and Sicarii are relatively unknown, their strategic logic is notorious (Pape, 2005). The Zealots and the Sicarii used violent attacks designed to incite an uprising among the Jewish targeting the Roman occupation at the time. After several decades of attacks, the Zealots and Sicarii triggered the Jewish War of 66 A.D.(Aberback & Aberback, 2000). The Jewish War, which resulted in defeat, led to the destruction of the Temple in Jerusalem; extermination of Jewish areas in Egypt and Cyprus; and the exodus of Jews from Judea (Aberback & Aberback, 2000). After four years the war ended in Masada, where 960 members committed one of the largest group suicides in history rather than submit to Roman rule after years of war, murder, rape, and slavery.

One of the most well-known historical terrorist groups to date was the Ismaili Assassins. The Ismaili Assassins attempted to overthrow the existing Sunni Muslim order during the Fatimid dynasty, 909 to 1171 A.D. in the Middle East. The Assassins were a small fundamentalist religious sect that believed that they were more true to Islam than the Shiites and the more dominant Sunni Muslims. They engaged in acts of murder for their political goals and frequently used the threat of suicide attacks to compel Sunni rulers to abandon military campaigns against them (Pape, 2005). Besides their reputation for violent attacks, the Assassins were also accredited with the invention of chain –mail armor to protect themselves from dagger attacks (Boltz et al., 2012).

Although the Ismaili Assassins have been labeled one of the most notorious groups of historical terrorists, there has been many more. In previous posts, the definition for terrorism and the acts of suicide terrorism have been explored. Often, suicide terrorist acts have been primarily motivated due to religious or political beliefs. In the 1980’s the Shia Muslims battled the Israeli (Jewish) and Western (Christian) opponents in Lebanon (Pape, 2005). In Sri Lanka, the Tamils (Hindu) battled the Sinhalese (Buddhist) in the 80’s and 90’s. The Tamil Tigers, as they are frequently called, have been attributed to mass usage of suicide bombers to commit murder for political ends. Often women have been used as a suicide bombers, since they arouse little suspicion from their intended targets prior to detonation.

While acts of terrorism did not end in the 1990’s, this brief history should show that terrorism in general has been around since the writing of the Bible. In counter-terrorism circles, often there are theories and strategies to combat terrorism but in reality terrorism will be something that will never be stopped. As history has shown, terrorism is constantly evolving in ideology but some methods and acts of terrorism will never change.

Aberback, M. & Aberback, D. (2000). The Roman-Jewish Wars and Hebrew Cultural Nationalism. New York: St. Martin Press.

Bolz, F. Dudonis, K. & Schulz, D. (2012). The Counterterrorism Handbook: Tactics, Procedures, and Techniques-4^th Ed. Boca Raton: CRC Press.

Pape, R. (2005) Dying to Win: The Strategic Logic of Suicide Terrorism. New York: Random House.

Psychological Variables of False Confessions

False confessions are not a new concept in America, and there have been hundreds of examples of false confessions. In Massachusetts in 1692 many colonists confessed to being witches in Salem. The trials resulted in at least nineteen executions before they were eventually stopped (Agar, 1999). Further along in American history, the Lindbergh kidnapping and murder became a public media skeptical in 1932. During that time, over 200 innocent people came forward and confessed to the kidnapping and murder of Charles Lindbergh’s child (Agar, 1999). More currently with the advancement of DNA techniques, confessed sentenced criminals are being released from prison for crimes they never committed. Why would anyone ever confess to a crime, especially a serious one, when they never committed the crime? Current criminal justice professionals, psychologists, and sociologists argue that the suspect’s mental and psychological condition may affect many false confessions. Suspect psychological characteristics, type of crime, and contextual characteristics of the interrogations can affect a suspect’s tendency to confess (Gudjonsson, 2003).

Gudjonsson (2003) discussed different psychological variables that effect confessions. These include current mental status, intellectual functioning, reading ability, interrogative suggestibility, state and trait anxiety, and the understanding of rights by questioned suspects (Gudjonsson, 2003). For these variables to be properly examined, investigators conducting a criminal interview must determine if the suspect is fit to be interviewed. Investigators must assess the cognition and intellect of the suspect to be best of their abilities. The investigators tasked with interviewing a suspect should be aware of any psychiatric disorder that will usually lead to unfitness for an interview and psychiatric disorders that might indicate a significant risk of unreliability (Rix, 1997).

 Psychiatric disorders that will usually lead to unfitness for interviews would be suspects that are experiencing acute organic reactions (including alcohol or drug withdrawals), mania, severe dementia, and severe mental handicap (Rix, 1997). Psychiatric disorders that may indicate a significant risk of unreliability would be milder forms of dementia, hypomania, schizophrenia, depressive disorders, mild or moderate mental handicap, and mild substance withdrawal states (Rix, 1997). While certain psychological disorders automatically should rule a suspect unfit for an interview; the theories of false confessions are endless and are currently being studied by criminal justice professionals.

The mental status of a suspect should always be considered when determining if and how a suspect should be interviewed. Individuals with diagnosed mental handicaps comprise of one to two percent of the general population, but in prison they comprise of approximately 4.2 percent (O’Connell, Garmoe, & Goldstein, 2005). Current studies have determined that individuals with diagnosed mental handicaps are often more easily caught by police and are more likely to be tricked by police during interview into confessing or taking the blame for criminal offenses (O’Connell, Garmoe, & Goldstein, 2005). Suspects who suffer from mental handicaps, even in mild cases, should at all costs understand their rights and understand what is happening to them. For example, if a suspect suffers from Down syndrome investigators should make sure that the suspect has proper representation and is aware of what is transpiring. A person with Down syndrome, if being interviewed, may not understand what certain questions are or what they are being accused of. Personally, I would never ask a suspect who has Down syndrome any questions until they have proper legal representation to represent them. I would also contact my district attorney to see if there is any way to conduct an intellectual assessment of the suspect prior to taking any voluntary statements. A person who lacks intellectual reasoning or articulation skills should never be held to statements that they do not understand or comprehend.

Another mental status that is currently being studied are individuals with ADHD. A study by Gudjonsson, Sigurdsson, Bragason, Newton, and Elinarsson (2008) studied 90 Icelandic prisoners who were currently serving prison sentences and diagnosed with ADHD. The study determined reasons why ADHD prisoners made false confessions for previous crimes that they did not commit. The reasons were: nine (43%) wanted to leave the police station or to avoid custody and six (29%) were protecting someone else (Gudjonsson, Sigurdsson, Bragason, Newton, and Elinarsson 2008). This study concluded that ADHD suspects are particularly vulnerable during police questioning and detention because of their restlessness, poor concentration, and impulsiveness (Gudjonsson, Sigurdsson, Bragason, Newton, and Elinarsson 2008). The findings of this study are not unexpected, as anyone with any experience with ADHD can understand. Besides certain mental status conditions another issue in confession is the understanding of legal rights during questioning and detention.

Understanding legal rights is another major psychological variable in confessions. It is estimated that 695,000 mentally disordered offenders are arrested and Mirandized annually in the Unites States (Rogers, Harrison, Hazelwood, & Sewell, 2007). Miranda v. Arizona (1966) established procedural safeguards to protect suspects in interviews to avoid making self-incriminating statements and to have an attorney present during questioning. The suspect must make a confession “knowingly, intelligently, and voluntarily” (Miranda v. Arizona, 1966). A study conducted by O’Connell, Garmoe, and Goldstein (2005) determined that individuals with lower IQ scores had a higher tendency to be tricked by leading questions. The same study determined that individuals with mild mental retardation demonstrated difficultly understanding Miranda rights. If a suspect cannot understand their legal rights, then their rights can be violated—making any voluntary confession not admissible.  

Representation should always be present and if applicable a psychologist who specialized in the disorder should also be present to explain the suspect’s rights. In situations where the suspect suffers from ADHD, investigators should be trained in how to interview individuals with the condition and every effort should be made to make the interview short and brief. Personal statements from individuals affected by these conditions should not be discredited, since they may be telling the truth in a voluntary confession.

References

Agar, J. (1999). “The Admissibility of False Confession Expert Testimony”. The Army Lawyer; Aug. pp. 26-43.

Gudjonsson, G. (2003). The Psychology of Interrogations and Confessions. Wiley, England, 2003.

Gudjonsson, G., Sigurdsson, J., Bragason, O., Newton, A., & Elinarsson, E. (2008).

“Interrogative suggestibility, compliance and false confessions among prisoners and their relationship with attention deficit hyperactivity disorder (ADHD) symptoms”. Psychological Medicine (2008), 38, pp. 1037-1044.

Miranda v. Arizona, 384 U.S. 436 (1966).

O’Connell, M., Garmoe, W., & Goldstein, N. (2005). “Miranda Comprehension in Adults with Mental Retardation and the Effects of Feedback Style on Suggestibility”. Law and Human Behavior, Vol. 29, No. 3, June 2005.

Rix, K. (1997). “Fit to be interviewed by the police?”. Advances in Psychiatric Treatment, vol. 3, pp. 33-40.

Rogers, R., Harrison, K., Hazelwood, L., & Sewell, K. (2007). “Knowing and Intelligent: A Study of Miranda Warnings in Mentally Disordered Defendants”. Law of Human Behavior, Vol. 31: pp. 401-418.

Analysis of Reid & McDonald Interview Techniques in American Law Enforcement

Current television shows portray a police interview as a session where the suspect, when confronted with evidence, breaks down and confesses to a crime in a matter of minutes. In reality, this is a product of pure fiction. In most criminal cases, very rarely does the investigator have all the incriminating evidence of a suspect’s guilt prior to an interview. Due to the lack of certain evidence, an interview may be conducted in an effort to obtain evidence that would be needed to affect an arrest and/or a conviction. The proper way to conduct an interview has been examined; and theories and techniques have been formed on which is the most effective way to get a guilt party to confess. Many investigators in law enforcement have their own style and personal techniques while conducting an interview. Most investigators use several different techniques during interviews. While all of the major techniques have pros and cons, I believe the Reid technique is more applicable to the American criminal justice system. Unlike the Reid technique, the interview tactic that I seriously disagree with would be the McDonald tactic.

The Reid technique, when used properly, satisfies two major criteria in interviews. For any technique to be effective enough it must persuade a guilty suspect to tell the truth but not so powerful that it would cause an innocent person to confess (Jayne & Buckley, 2004). The Reid technique attempts to reduce the perceived consequences of telling the truth without having the investigator offer a promise of leniency for a confession. Instinctively, criminal suspects’ deception is motivated to avoid the consequences of telling the truth (Jayne & Buckley, 2004). The consequences that a suspect may face could include jail time, separation from family, paying fines, and other real consequences. The suspect may also feel personal consequences like embarrassment and shame (Jayne & Buckley, 2004). Investigators who are educated on the Reid technique are aware of this and can alter their approach during an interview. For example, an investigator should never tell a suspect “you messed up big time, you will get at least 20 years for what you have done”. If a suspect is fearful of jail and a lengthy sentence, why would he tell the investigator anything?  Instinctively, human beings typically only do things to benefit themselves or others. I have found it usefully to try to relate to the suspect and why he would commit a certain crime, just as the Reid technique describes. The Reid technique encourages the reinforcement of the guilty suspect’s own justification for his crime (Jayne & Buckley, 2004). A focus on the suspects' "victim mentality" might encourage the suspect to confess even though there is no logical justification for committing the crime.

The Reid technique is further broken into 9 steps of interview. These include direct positive confrontation, theme development, stopping details, overcoming objections, getting the suspect’s attention; the suspect quiets and listens, alternatives, bringing the suspect into the conversation, and the confession. Step one, direct positive confrontation, would include presenting evidence to the suspect and telling the suspect they are involved in a crime (Zulawski & Wicklander, 1998). The behavior of the suspect should be studied and this is the beginning stage to any interview. The second step, theme development, would include providing justifications for the suspect to commit a crime (Gudjonsson, 2003). Just as mentioned earlier, this is relating to the suspect and his state of mind during the commission of the suspected crime. The third step involves the suspect quitting denials which could indicate probable guilt, followed by the fourth step of overcoming objections (Gudjonsson, 2003). The fifth step of getting the suspect’s attention is a very important step. This involves physical closeness and the use of verbal techniques to command attention (Zulawski & Wicklander, 1998). For example, if a suspect is showing signs that they are not listening the investigator may turn and face the suspect closer and attempt to make eye contact. This process involves removing any barriers between the suspect and the investigator, like a table in the interview room. By presenting open nonverbal gestures, the investigator might open up a dialog with the suspect. The sixth step is when the suspect quiets and listens, usually showing signs of surrender (Zulawski & Wicklander, 1998). Step seven is alternatives followed by step eight of bringing the suspect into the conversation. This step involves encouraging the suspect to freely talk about any aspect of the crime (Zulawski & Wicklander, 1998). The final step is the confession. At this point the verbal statements of the suspect are usually recorded (Zulawski & Wicklander, 1998).
Unlike the Reid technique, the McDonald tactic involves violating suspects’ rights during interviews. McDonald states that the simplest method to break people is to severely limit their food intake or refuse them food (Gudjonsson, 2003). I believe that this technique is illegal and violates the rights of the accused. From my experience, I have learned that a $5 meal and showing acts of kindness go farther than intentionally starving a suspect during an interview. By opening the interview with some humanity, the suspect might open up to you and trust might be established. This earned trust can be used to the investigators advantage, if the investigator is skilled at interviews.

While the Reid technique has survived legal scrutiny for more than 50 years in the United States, it also must adhere to judicial decisions. This involves legal rights that a suspect has and the advisement at the proper times of the Miranda rights. This is why the McDonald tactics should never be practiced. The McDonald tactics involve borderline torture techniques that should never be practiced in the criminal justice system.

While each human is different and their behaviors are different, each investigator should take these considerations into play when conducting an interview. Over time, skilled investigators use several different techniques to obtain a confession. While opponents of the Reid technique argue that it is unfair, it is still a very effective tool for investigators. It should be noted that some guilty suspects will confess within 5 minutes and some will never confess. Every suspect should be interviewed according to what the lead investigators believe is the best personal method. Textbook methods although are descriptive and great, are not always applicable under every circumstances. 

References

Gudjonsson, G. (2003). The Psychology of Interrogations and Confessions. Wiley, England, 2003.

Jayne, B. & Buckley, J. (2004). The Reid Technique of Interrogation. Retrieved from http://www.reid.com/educational_info/canada.html on 07/07/2010.

Zulawski, D. & Wicklander, D. (1998). Practical Aspects of Interview and Interrogation. CRC Press, Ann Arbor, 1998.