Transcript Cognitive Interviewing

Forensic Hypnosis and
Cognitive Interviewing
Chapter 5
Hypnosis vs Cognitive
Interviewing
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Share the same
goal
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Neither have
been
recommended for
interrogation
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
To increase
information
remembered
Both require a
willing
interviewee
5-2
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Defining
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Forensic Hypnosis
An
investigative
memory
retrieval
technique used
to enhance
recall in legally
relevant
situations
5-3
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Hypnosis is a
state of increased
receptivity to
suggestion
characterized by
an altered state of
consciousness
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Hypnotized
persons are
aware of what is
gong on!
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Guidelines for Forensic
Hypnosis
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Its use must be consistent with state law
Its use must be consistent with clinical
and legal safeguards of the subject
A rationale for using hypnosis must be
made prior to its use
Hypnosis should be used for major crime
only after all other procedures have been
exhausted
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Not recommended for use with juveniles
Not recommended for use with persons
having cognitive disabilities
5-4
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Phases of Forensic Hypnosis:
Induction
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
The hypnotist
relaxes the
suspect and tests
responsivity to
suggestion
5-5
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Phases of Forensic Hypnosis:
Narrative
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
The subject is
asked to
describe the
event
5-6
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Phases of Forensic Hypnosis:
Closure

Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Subject
instruction and
closing end the
session
5-7
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Phases of Forensic Hypnosis:
Recall

Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
After the hypnotic
session the
subject is asked
to recall all
memories of the
crime since the
memory
enhancement
5-8
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Challenges to Hypnotic
Memory Retrieval
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Confabulation
Faking
Memory hardening &
suggestibility
5-9
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Confabulation
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Confabulation is a fantasy that has
unconsciously replaced fact in
memory
May be based partially on fact
 May be complete construction of
imagination
 It is a filling in of the memory gaps
to make the event more
comprehensible

Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
5-10
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Faking
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Hypnosis can be faked
People are capable of lying
in hypnosis
 No single indicator exists
to be sure that the subject
is faking
5-11
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Memory Hardening &
Suggestibility
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Memory hardening gives the
subject increased confidence in
things remembered during
hypnosis, whether the facts are
true or false
Suggestions made during the posthypnotic stage can become
permanent
5-12
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Challenges to the use of
Forensic Hypnosis

Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
In 1985 the
American Medical
Association
recommended
the use of
hypnosis be
limited to the
investigative
processes and
results not be
used as evidence
in court
5-13
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Few courts allow the
introduction of
hypnotically induced
information
Texas and Nevada
are examples with
law that specifically
allows hypnotically
refreshed recall for
use in criminal and
civil cases
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
What is the Cognitive
Technique?

Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Both specific and
general memory
jogging guidance
techniques were
identified and
combined to form
the cognitive
interview
technique
5-14
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Cognitive
Interview Method
The Foundation of the
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
The foundation of the
Cognitive
Interviewing Method
is the use of
mnemonics
5-15
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Mnemonics are
memory jogging
techniques
Mnemonics are
methods for
remembering
information that is
otherwise difficult
to recall, a
memory tool
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Four Primary
Mnemonics
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Mentally reconstruct the context of
the event
Report every detail, regardless of
apparent importance
Recall the events in a variety of
orders, moving back and forwards
in time
Change perspectives and recall
from a different points of view
5-16
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Reconstruction Mnemonic
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Prior to asking for the
narration, recreate
the circumstances
associated with the
event
Look for their state of
mind just prior to the
event and the
physical environment
surrounding the
event
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Time
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year, month, day,
time of day
Place
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location,
surroundings,
where were you in
relation to houses,
cars, furniture,
equipment of any
kind
Instruct the
interviewee to think
about the
circumstances that
surrounded the
incident
5-17
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Reconstruction:
involve the Senses
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Sensory Cues
 visual images,
sounds, odors,
tastes, skin
sensations,
weather,
lightening
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People
 physical
appearances;
remind you of
anyone, why;
clothing; behavior;
anything unusual
Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
5-18
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Conversation
 What was said by
whom; what
particular words,
phrase; numbers,
high-low- odd-even;
names, first – letter
name speech
characteristics, high
or low voice
Thoughts
 what statements
were you making in
your own head (why
me, I am going to
die, will I live?)
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Report Everything Mnemonic
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The interviewer
explains that
some people hold
back information
because they
don’t know what
is important
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
Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
5-19
Through out the
interview remind
the interviewee
that you would
like them to talk
about everything
they remember
Give the
interviewee
permission to
recount
everything
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Changing the Order of Events
Mnemonic
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Instruct the
interviewee to
recall events in a
different order
The instruction
may include
starting from a
point that they
remember most
vividly
5-20
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Start at the end
and work
forward
Start with what
is most
important to
you, then go
forward or
backward
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Changing the Perspective
Mnemonic
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Instruct the
witness to recall
the incident from
the perspective of
others who were
present
5-21
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Try to put himself
or herself in the
role of someone
else and think
about what he or
she must have
seen
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Additional Memory Jogging
Mnemonics
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
physical appearance
names
numbers
speech characteristics
conversation
5-22
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Cognitive Interview
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Instruction
The researcher asks the
questions in the standardized
way but also asks the
respondents to think aloud,
highlight problems, express
their opinion, make judgments
on the questions…
Talk about concentration
Use active listening
5-23
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Step One: Meet & Greet
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Develop
rapport
Encourage
active
participation
Report
everything
mnemonic
Give
permission
not to answer
5-24
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Step Two: Narrative Phases
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Free recall
Guided
recall
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
Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
reconstruction
mnemonic
Clarification
5-25
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Step Three - Extensive
Recall through Mnemonics
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2.
Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
The two primary
techniques that
have been shown
to provide more
information are:
Switching the
Temporal Order
(recalling from
different order
mnemonic)
Changing the
Perspective
mnemonic
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PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Step Four: Summary and
Closure
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
Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Briefly summarize the
information the
interviewee has
provided
Ask the witness to
interrupt immediately
if he/she remembers
new information or
there is any errors in
the review
5-27
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Summary and Closure
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Always end the
interview on a
positive note, so be
sure to spend the
time helping him or
her mentally relocate
to present time.
Thank the
interviewee for their
time and effort.
Remind him/her to
call new information
is recalled.
5-28
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Challenges to the use of
Cognitive Interviewing

Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
In a court hearing
on the use of
Cognitive
Interviewing (a
double murder
case) concluded
it was a reliable
investigative tool
and its use in
court was upheld
(People v. Tuggle,
1995).
5-29
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458