Advanced interviewers ’ questioning strategies for witness and suspect interviews examined Andy Griffiths – Sussex Police, UK Becky Milne - University of Portsmouth

Introduction  Interviews are dialogues within country specific legal context  Questioning skill universal  Research historically criticised question skill  More recent research identified improvements  Deeper understanding needed of productive techniques  Current study explores issue via specific qualitative methodology

Background – Suspect Interviews  Pre-PEACE research ( Irving 1980, McConville, 1982, Stephenson & Mostin, 1992) Bluffing/Guilt bias/Oppression  Post – PEACE research (pre-2000) Baldwin (1993);Mortimer 1993, 1994,  Guilt bias/Ineptitude/Poor planning/Communication skills  Post- PEACE research (post -2000) Clarke & Milne, 2001;Griffiths & Milne, 2006; Soukara & Bull, 2006  Improved skills/Rare oppression/Effective?

Background – Witness Interviews  Pre – CI - Early witness research ( Fisher et al, 1987; George, 1991) Predominant leading closed questions/no rapport/interviewer controlled  Post ECI -Later research ( Clarke & Milne, 2001; Rock 2001, Wright & Powell, 2004)  Closed questions/editing/schemata

Current study–Background Griffiths (2007)  Selected officers (n=50) trained on advanced suspect interview programme showed higher skill in their use of questions pre-training  Same officers skill levels post-training  Showed recognition of different question types and evidence of deliberate structure

Current study - Methodology  Independent groups design ( Suspect interviewers/ Witness interviewers)  ‘Think aloud’ procedure (Capiocco & Petty 1981; Wright & Powell, 2006)  Simulated interviews as part of course(s)  In depth face to face interviews  Identification of main themes

Results – Theme 1 1. Deliberate question strategies

Deliberate question strategy  All interviewers positive and conscious decisions over question style  Varied and flexible use of appropriate questions  Suspect interviewers open style going into probing  Focusing on subjects identified in first account  Witness interviewers similar approach

‘‘It was the start of the physical contact between the two and it was important to get fine grain detail of the consensual actions, bearing in mind I knew the victim had got injuries…the suspect had done a lot of talking in the first account and the probing questions allowed me to get the detail and keep him in check ’. Suspect interviewer

‘ I started off with a TED question, ‘describe’ which I thought was appropriate. It got her thinking first and I think inspired her to give me information’. Witness interviewer

Results – Theme 2 1. Inappropriate control applied to compliant witnesses

Inappropriate levels of control  All suspect interviewers directed interviewees to starting point – based on evidence provided  All suspect interviewers decided choice of subjects and chronology thereafter  Witness interviewers varied in approach  Some were witness led  Some directed interviewee to subject matter

“ the taxi driver (a witness) described the suspect leading the complainant into the alleyway and in his account (the suspect) it was the other way around which I could possibly make into a challenge”. Suspect interviewer

‘It was my agenda and I got what I was looking for and she knew what I wanted’. Witness interviewer

’I chose the feet and legs.. her description started with these bits and I knew they were important to identify the offender ‘ Witness interviewer

Results – Theme 3 1. Complexity of the interview task

Complexity of interview task  All interviewers commented on difficulty of simultaneous tasks  Several identified deterioration of listening as interviews progressed  Overloaded memory  Errors made on detail

‘I was juggling the tasks of listening, working out my next question and contemplating my ‘too short’ first account’. Suspect interviewer

‘My mouth leapt ahead but unfortunately left my brain behind, I wanted the answer but I used an inappropriate question to get it, because I didn’t think before asking the question’. Witness interviewer

Conclusions  Deliberate information seeking question strategies corroborate research showing improvement in questioning skill /ethics  However, interviewers favoured one style of open into probing style – not correct for ECI witnesses – mirrors other research  Themes 1 and 2 highlight complexity of interviewing and..  Importance of CONTROL  Application of correct level of control is as important as any other interview skill