Jail Inmates' Perspectives on Police Interrogation by Hayley Cleary
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Jail inmates’ perspectives on police interrogation. Item Type Article Authors Cleary, Hayley M. D.; Bull, Ray Citation Cleary, H. M. D. and Bull, R. (2018) 'Jail inmates’ perspectives on police interrogation', Psychology, Crime & Law, DOI: 10.1080/1068316X.2018.1503667 DOI 10.1080/1068316X.2018.1503667 Publisher Taylor and Francis Journal Psychology, Crime & Law Rights Archived with thanks to Psychology, Crime & Law Download date 28/09/2021 17:34:22 Link to Item http://hdl.handle.net/10545/622958 Jail Inmates’ Perspectives on Police Interrogation By Hayley Cleary (Virginia Commonwealth University) and Ray Bull (Derby University) (To appear in Psychology, Crime and Law) Few studies have examined police interrogation strategies from suspects’ perspectives, yet assessing suspects’ views about interviewer approaches could provide important insights regarding confession decision making. The current study is the first American survey to assess a diverse sample of adult jail inmates’ views on police interrogation tactics and approaches. The study explored US jail inmates’ (N = 418) perspectives about how police should conduct interrogations. Potential dimensionality among 26 survey items pertaining to police tactics was examined using exploratory factor analysis. Group differences according to demographic and criminological variables were also explored. Four factors emerged, conceptualized as Dominance/Control, Humanity/Integrity, Sympathy/Perspective-Taking, and Rapport. Respondents most strongly endorsed Humanity/Integrity and Rapport strategies and were unsupportive of approaches involving Dominance/Control. Gender differences emerged for Dominance/ Control and Humanity/Integrity, and Black respondents were more likely to value strategies related to Sympathy/Perspective-Taking. Suspects endorsed interrogation strategies characterized by respect, dignity, voice, and a commitment to the truth; they reported aversions to the false evidence ploy and approaches involving aggression. Overall, results from this incarcerated sample suggest that interviewees may be more responsive to rapport-building, non-adversarial strategies. Keywords: interrogation, interviewing strategies, police interviewing techniques, suspects’ reactions, prison inmates 2 Introduction While great strides have been made in the identification and classification of police interrogation techniques (Kelly, Miller, Redlich, & Kleinman, 2013), much of the existing work is derived from officers’ self-reported use of techniques (e.g., Cleary & Warner, 2016; Kassin et al., 2007; Wachi et al., 2014) or occurs outside the United States (e.g., Bull & Soukara, 2010; Kebbell, Alison, Hurren, & Mazerolle, 2010; Wachi, Watanabe, Yokota, Otsuka, & Lamb, 2016a), where legal systems and/or police interrogation practices likely differ. Very few studies have examined suspects’ perspectives on police interrogation (Bull, 2013; Goodman-Delahunty, Martschuk, & Dhami, 2014), yet obtaining suspects’ views could yield important insights about what the ‘targets’ of interrogation think about the experience and thus provide a critical window into suspects’ interrogation decision making. Research on police interviewing and interrogation strategies often emerges from police training manuals or methods, such as the Reid Technique (Inbau, Reid, Buckley, & Jayne, 2013), the PEACE model (Milne & Bull, 1999), or the Army Field Manual (U.S. Department of the Army, 2006). Some studies have focused on broad dichotomies such as humanity versus dominance or information gathering versus accusatory questioning, while others assess usage of specific techniques (e.g., asking questions repeatedly, interrupting the suspect, presenting false evidence to the suspect; Kelly et al., 2013). Cleary and Warner (2016) reported that American police were trained in a wide variety of interrogation techniques; for example, more than half of their sample received training in how to discourage denials, and over 90% were trained in observing body language and building rapport. Respondents were also trained in what scholars consider more coercive or problematic techniques such as suspect isolation (77%) and presenting false evidence (73%). 3 Surveys with police officials indicate that police report actually using a wide variety of these interviewing strategies, ranging from non-confrontational, information-gathering approaches to more adversarial techniques. The three most frequently used techniques in Cleary and Warner’s (2016) study—building rapport, observing body language, and offering things for comfort—are considered more benign approaches, whereas the top three techniques in Kassin and colleagues’ (2007) survey are more confrontational (isolating the suspect, conducting the interrogation in a small room, identifying contradictions in the suspect’s story). However, police officers in both studies reported using, at least sometimes, a range of both adversarial and nonadversarial approaches. Most research on interrogation techniques has focused on either understanding or classifying the techniques themselves or associating, via field observations or laboratory experiments, the techniques with interrogation outcomes (see, e.g., Meissner et al., 2014 and the studies therein; Walsh & Bull, 2015). Very few studies have assessed suspects’ own perspectives on police interrogation/interviewing strategies (Bull, 2013). Since confession or even cooperation is ultimately the suspect’s decision, it is essential that researchers examine how suspects perceive the interrogation interaction. Such research could potentially challenge long- held assumptions about suspects’ (un)willingness to cooperate during interrogations. For example, Leo (2008) noted the common belief that “confessions, especially to serious crimes, are rarely made spontaneously. Rather they are actively elicited….typically after sustained psychological pressure” (p. 119). However, recent suspect-focused research suggests that not all ‘targets’ enter the interrogation setting with a clear intent to deny the allegations. In Australia, Kebbell, Hurren, & Mazerolle (2006) found that only half of convicted sex offenders in their sample reported entering the police interview having already decided whether to deny or confess. 4 In fact, less than 20% had planned to deny and about 30% had planned to confess; the other 50% entered the police interview not yet having decided whether to deny or confess. In Japan, almost 30% of subsequently convicted prisoners reported not having decided in advance whether to confess or deny (Wachi, Watanabe, Yokota, Otsuka, & Lamb, 2016b). Not only do these findings cast doubt on the assumption that suspects will unilaterally deny criminal allegations in any interrogation, they also highlight the importance of examining how suspects themselves perceive the interrogation experience. Thus it is critical to expand suspect-focused research by examining their perceptions of police interrogation tactics. Among the first to explore suspect perspectives of police interrogation techniques was a Swedish study involving a survey of 83 prisoners convicted of murder or sexual offences. Holmberg and Christianson (2002) introduced the terms ‘humanity’ and ‘dominance’ based on factor analysis of characteristics of interrogating officers as rated by the prisoners. Offenders interviewed with a humane approach were three times more likely to confess (or provide incriminating information) than offenders who perceived their interrogator as dominant. Offenders who felt respected were nearly six times more likely to confess than those who felt anxiety during the interview. These early findings highlight two important notions—first, that suspects report a wide range of interrogation experiences, and second, that their perceptions of those experiences are related to their decision making. Kebbell and colleagues (2008, 2010) conducted a series of studies with 43 convicted sexual offenders in Australia to explore the relationship between interviewing approach and confession decision making. One study employed an experimental design involving vignettes with four different interview styles (dominance, humanity, cognitive distortions [of sexual offenders], and a control condition) and asked offenders to rate the likelihood that the vignette 5 character would confess (Kebbell, Alison, & Hurren, 2008). Similar to Holmberg and Christianson’s (2002) findings, sex offenders rated vignette suspects who were treated humanely as more likely to confess. A humane interviewing approach was also associated with greater perceptions of fairness and a ‘well conducted’ interview (Kebbell et al., 2008). A second study expanded the interviewing strategies to include strength of evidence, ethical interviewing, minimization, and maximization and asked offenders to rate their own interview as well as an ‘ideal’ police interview—that is, how police should conduct questioning in order to elicit confessions from guilty suspects (Kebbell et al., 2010). Ideal police interviews were associated with presentations of evidence and ethical and humane interview approaches, whereas dominance was the least endorsed approach. Moreover, respondents’ perceptions of their own police interview was associated with confession; confessors were more likely to rate their interviewer as ethical and humane, whereas deniers more frequently perceived their interviewer as dominant (Kebbell et al., 2010). More recent studies with interviewees have occurred in Japan (Wachi et al., 2016a), Belgium (Vanderhallen & Vervaeke,