week 11

Cards (29)

  • PEACE
    A UK Based model developed by Dr. Eric Sheppard (Psychologist) while working for the Home Office (1990's) based on his "conversation management" approach. The model uses 5 steps; Planning; Engage and Explain; Account; Closure; and Evaluate
  • Reid Technique
    Interview method to determine truthful cues, developed with/alongside existing methods and the law, uses confrontation, coercion, psychological manipulation (minimization), and other tactics to obtain a confession, still in use across North America
  • PEACE
    Adopted as the national framework, interviewers are to be objective fact finders, open-minded, not to use behavioral cues to detect deception, and no tricks, coercion, or manipulation, introduced into Canada in 2016 (RCMP)
  • Reid Technique
    A structured interview and interrogation process involving three primary stages: Fact analysis, Investigative interview, The interrogation
  • Fact Analysis
    • Prior to the interview investigators must familiarize themselves with: Dates / times, Locations, People's names, A suspect's background if applicable, Key topics, and Goals
  • Investigative interview
    A non-accusatory fact-finding interview (And, a Behavioral Analysis Interview), designed to help detect deception, free-flowing, semi structured, limited note taking (inhibiting flow), neutral and objective, controlled environment (optional)
  • Introductory statements
    Made to clearly identify the issue under investigation, to establish the investigators objectivity concerning the suspect's truthfulness or deception, and to persuade the suspect that if he lies his deception will be detected
  • Reid Technique - BAI
    Behavior provoking questions (Over 25) with the goal of eliminating from suspicion or not eliminating from suspicion
  • 4 Behavior Provoking Questions
    • Punishment, Think, Bait, Investigation results
  • The interrogation
    An accusatory, persuasive, process designed to get a confession, there are 9 steps: Direct Positive Confrontation, Theme development, Handling denials, Overcoming objections, Procurement of the subject's attention, Handling subject's passive mood, Presenting an alternative question, Developing the details of the admission, Converting a verbal confession into a written or recorded document
  • Truthful suspects usually do not ask to talk, and they do not move beyond step three - Their denials strengthen
  • Innocent people do not use permission phrases
  • Many deceptive subjects introduce their denials with permission phrases
  • Responding to objections
    Use statement of agreement or understanding, and discuss how bad it would be if the objection was not true
  • Reid Technique - Procurement and retention of suspects attention
    • The subject is on the defensive, they may withdraw and focus their thoughts on punishment
    • The IR attempts to regain their attention by intensifying the theme and by establishing physical closeness (moving into personal space)
    • Physical gestures of sincerity are generally not used, physical interaction is rarely practiced as part of an interrogation anymore
    • Strategic Use of Evidence can be a physical tool when handing or showing someone an item
  • Reid Technique - Handling the suspects passive mood
    • The Sub. is becoming less tense, appears defeated, is listening to your theme and may begin to cry
    • Intensify the theme and brief it down to one or two sentences underlying the essential elements
    • Begin introducing the components of the alternative question while remaining in close physical proximity
  • Reid Technique - Presenting an alternative question
    1. The alternative consists of a question in which the Sub. is offered two incriminating choices concerning some aspect of the crime - based on an assumption of guilt
    2. The alternative should contrast an undesirable action with a desirable action and be followed by a supporting statement
    3. All alternative questions are phrased so that they just need to nod
  • Reid Technique - Developing the verbal confession
    1. Following the acceptance of an alternative (step 7), use a statement of reinforcement
    2. Use open ended questions to obtain details of the offense and obtain corroboration
    3. Facts only the guilty would know (hold back)
    4. Who else did you tell
    5. Where is the...
    6. Can you show me where...
  • Reid Technique - Converting the verbal confession into a written recorded statement
    1. Video is the record to that point and after. (audio backup)
    2. If the interrogation flows from an interview "charter proofing" and voluntariness are not in question
    3. Without the confession you have not established the grounds needed to make the arrest...
    4. However once arrest has been made, RTC and Caution are needed, and any further conversations need to ensure voluntariness
    5. Past setting, time, fatigue, hunger, etc before recording the confession needs to "follow rules"
    6. Letter of appology
  • R. v. Chapple, 2012 - Ruling on Voir Dire by The Hon. Judge M.C. Dinkel
  • R. v. Read, 2014 BCPC 329, The Hon. Judge P. Meyers
  • PEACE
    Preparation and planning, Engage and explain, Account, Closure, and Evaluate
  • PEACE Principles/Goals
    • Get information that is reliable and accurate
    • IR must treat interviewees with respect and fairness
    • IR must keep an investigative mindset (determine what is factual and what is not)
    • IR is free to ask any questions related to the investigation
    • IR should recognize the great impact of an early admission
    • IR do not have to accept the first answer given (persistence in questioning is not unfair)
    • Despite a lack of cooperation or silence, the IR can ask as many questions as possible
  • Engage and Explain
    1. Engage - Provide an introduction appropriate to the type of incident interviewees involvement in the investigation (W, V, or S). Identify and take interest in the subject's needs (welfare – food, water, etc.)
    2. Explain - The IR outlines the purpose of the interview explaining how the interview will proceed (Structure) and address any concerns the subject has. Any necessary caution(s) is given (Charter-Proof). Understanding must be confirmed
  • Account, Clarification, Challenge
    1. Introduce each objective separately & fully probe each objective
    2. Get quality information from the witnesses' memory
    3. Any non-accusatory approach (CI, ECI, CM)
    4. Open-ended Q's (TED)
    5. Summarize and recount (IR) regularly to ensures everyone agrees on their shared understanding of what has been said
    6. If needed rephrase, clarify, or seek additional detail
    7. Establish corroborating information, evidence, and identify gaps or inconsistencies that can't be explained
    8. Don't rush (Give them time, don't interrupt)
  • Challenging false accounts or inconsistencies
    1. IR should maintain neutral, objective, demeanor, no inflammatory language to damage rapport
    2. Each false account should be treated as a separate objective
    3. The IR should use questioning to probe and summarise
  • Conversation Management - Non-Cooperative subjects

    1. The Conversation Management (CM) method is meant for dealing with non-cooperative subjects
    2. The PEACE model expects an IR to ignore a lack of cooperation
    3. The IR should focus solely on the questions they are asking of the subject
    4. Continued obstructive behavior, or lack of interest results in the IR initiating the D.E.A.L. Method (Description, Explanation, Action required, Likely consequences)
  • Closure
    1. All involved parties should understand what happened during the interview
    2. Give the interviewee an opportunity to add to, or clarify, what they already said
    3. Identify the procedure/What comes next and answer questions
    4. The IR needs to confirm all planned goals(themes) themes were covered; If not, the IR can go back to the account phase, ask more questions, or expand an already provided answers
    5. Closure is as important as any other phase, and as such must not be rushed
  • PEACE in Canlii