I Can READ You! Phillip Maltin s READ System To Unmasking Deceptive Behavior. IMLA September 13, 2011

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1 I Can READ You! Phillip Maltin s READ System To Unmasking Deceptive Behavior IMLA September 13, 2011 Phillip R. Maltin, Esq. Partner Cell Office pmaltin@gordonrees.com

2 How This Really Works The author in no way intends to suggest the individuals presented are dishonest. The video clips in this program were selected because they may show behavioral changes in people under stressful conditions. The behavior in the video tape reflects conduct associated with arousal of the autonomic nervous, the fight or flight response originating from stimulation to the sympathetic nervous system. The body may show autonomic nervous system arousal. The body does not reveal the source of the arousal. Participants must evaluate the clips for themselves and draw conclusions about the meaning of behavior while remembering to emphasize the D in the READ System. 2

4 Learn The READ System--R RESEARCH: Nothing replaces knowing the details and the nuances of the circumstances surrounding the lie. 1. Research the event. 2. Go to the location. 3. Be prepared better than everyone else. Page 4

5 Learn The READ System--E Examine: Learn how to question people. 1. Ask open-ended questions a. Define terms b. Be clear 2. Use the funnel technique 3. Understand what you hear--listen 4. Applications (in person; telephone) 5. Explore until you doubt no more Page 5

6 Learn The READ System--E Examine: In most situations, lowering a person s anxiety yields the best chance for the most information of the best quality. 1. Professional 2. Secure 3. Not intimidating 4. Open minded 5. Respectful 6. Difficult to dislike Page 6

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9 Learn The READ System--A Analyze: Learn what is possible to uncover though a person s body language. 1. What does science tell us? 2. What is a micro-expression? 3. What is a cluster of nervous conduct? 4. What can t we know? Page 9

10 What A Lie Isn t Mistake An incorrect statement or omission where the person believes true O.J. Simpson example Self-deception Not socially perfunctory comments Love your hair Page 10

from the conversation Everyone develops the skill to lie by adulthood, but some liars are

unsophisticated at detecting them Controlled studies show that people are poor intuitive

11 Why Is Difficult To Catch Liars? No original sin: most people choose to believe people are telling the truth Distracts from the conversation Everyone develops the skill to lie by adulthood, but some liars are spectacularly good at it Liars are as sophisticated at lying as listeners are unsophisticated at detecting them Controlled studies show that people are poor intuitive judges of truth and deception... particularly police and so called experts who are highly prone to error. (Kassin & Fong (1999) citing Ekman & O Sullivan.) Page 11

12 Frequent Negative Effect of Training Frightening Facts: Training often biases observers. The higher the confidence, the greater the error. Note the type of error.... (Kassan & Gudjonsson (2004).) Once people form an impression of a person, they sift through the person s behavior for examples that verify their conclusion. Researchers call this behavioral confirmation bias. (Kassin, S. & Gudjonsson, G. (2004).) Example from trial practice. Jurors use behavioral confirmation bias to confirm conclusions about the with which they agree. Page 12

Frequent Negative Effect of Training aka, Confirmation Bias Law enforcement is prone to high self-reported accuracy and disbelieving the truth errors.

13 Frequent Negative Effect of Training aka, Confirmation Bias Law enforcement is prone to high self-reported accuracy and disbelieving the truth errors. [We] found that a group of policemen judged everyone they saw on videotape as lying, later explaining that everyone lies, especially to the police. (Ekman, Why don t we catch liars? Social Research (Fall 1996).) [W]e don t interrogate innocent people, said Joseph Buckley of Inbau, Reid, Buckley & Jayne. (Kassan & Gudjonsson (2004). ) Page 13

Example Of Confirmation Bias The Reid Technique of Interviewing and Interrogation boasts: 95% of respondents reported that using The Reid Technique helped them to improved their confession rate The

14 Example Of Confirmation Bias The Reid Technique of Interviewing and Interrogation boasts: 95% of respondents reported that using The Reid Technique helped them to improved their confession rate The majority of respondents said they increased their confession rate over 25%. Almost a quarter of respondents said they increased their confession rates as much as 50% 99% of respondents reported that using The Reid Technique increased their ability to identify whether a suspect was truthful or deceptive Page 14

15 Why Is It So Difficult? Nervous People Look Dishonest Part of the problem is that people who stand falsely accused of lying often exhibit patterns of anxiety and behavior that are indistinguishable from those who are really lying. (Kassin & Fong (1999).) No sign of dishonesty emerges across all situations People learn to veil their signs of dishonesty: e.g., the eyes Page 15

16 High Stakes Lies: Your Best Opportunity To Catch A Liar High stakes lies create the best opportunity for identifying liars As rewards for successfully lying increase... And penalties for being caught increase... A high-stakes lie occurs Page 16

17 The Three Spheres Sphere one: Science, the microexpressions of emotion on the face Sphere two: Science minus, the search for hotspots of anxiety and conscience Sphere three: Guesswork, the study of kinesics 17

18 Sphere Two: Where Science And Skill Meet Searching for hotspots: Uncover and interpret the disjointed interplay between a person's facial expressions, body movements, tone of voice and speech Observe clusters of nervous behavior inviting the need to dig further Page 18

19 Look & Listen For Hotspots Hot spots show a person is not giving the full account: Mental laboring Pauses and time buyers, especially when the person should know the answer Hypertechnical answers Failures to answer the question (obfuscating) Look for body language inconsistent or temporally disjointed from the comments made Intonation Flat Rising (continued) Page 19

20 Look & Listen For Hotspots (continued) Uncomfortable behavior Face scratching Blinking Freudian slips Micro-expressions in the face Leakage Muting Dislike, disdain, disgust of the questioner Tirades Page 20

21 Questioning: Generate A Baseline Watch the person speak Baselines are contextual Get as many as you need, but at least one Determine how the person acts when relating true, trivial things Observe demeanor when responding to questions in sensitive areas Analyze body movements unique to the person observed Page 21

22 Mental Laboring Establish A Baseline Page 22

23 Mental Laboring: Baseline + Evaluation Page 23

24 Hotspots: Time Buyers Pauses Repeating the question Asking you to repeat the question Qualifications: Well, to the best of my knowledge.... Asking for clarification or additional information Winding up to answer Page 24

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26 Hot Spot: Contempt, The Psychological Midwife Dislike, disrespect or disdain for questioner Depersonalizes; objectifies; distances Blame the questioner for forcing the liar to lie Victor Hugo said people hate those to whom they have to lie Page 26

27 Example: Bill Clinton I did not have sexual relations with that woman, Ms. Lewinsky. Page 27

28 Mental Processing: Freudian Slips Page 28

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30 Baseline Workshop Number 1 Gestures Opposite From Answer How do I create a baseline? How many do I need? What do I do with them? Page 30

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34 Baseline Workshop Number 2 How do I create a baseline? How many do I need? What do I do with them? 34

35 Place Holder Nixon Video 35

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37 Richard Nixon at Baseline 37

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39 Sphere One: Scientific Micro- Expressions Micro-expression: spontaneous facial expressions, lasting fraction of a second, revealing (perhaps betraying) emotion Expressions emerge and disappear as quickly as the mind quells or masks their appearance (1/25 of a second Micro-expressions occur cross-culturally Recognizing micro-expressions: takes time, practice, discipline and desire Page 39

40 Micro-Expressions Happiness Sadness Surprise Fear Anger Disgust Contempt Page 40

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43 file://localhost/users/phillipmaltin/pictures/ Photo%20Booth/Photo%20on% %20at% jpg 43

44 Hotspot For Intonation With Microexpressions Flat intonation Rising pitch Micro-expressions Anger, fear, sadness Masking smile Hotspot cluster Page 44

45 Sphere Three: The Absence of Science--Kinesics Scientists have found that others distrust people who show many manipulators; they are commonly interpreted as signs someone is lying. But, in fact, they are not a reliable sign of lying for most people. (Paul Ekman, Emotional and Conversational Nonverbal Signals, P. 43.) 45

46 Final Test Did James Files assassinate JFK? Page 46

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51 Hotspots Gestures out of sequence Smile Intonation Shakes head no while saying he s telling the truth Mental laboring Story falls apart Page 51

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The skillful interrogator invites multiple interpretations of the

53 Learn The READ System--D Doubt: Do not presume dishonesty. 1. Discovering hotspots marks the beginning of the inquiry. 2. The skillful interrogator invites multiple interpretations of the hotspot. 3. The skillful interrogator systematically confirms or disproves each. Page 53

54 Learn The READ System--D Doubt: Do not presume dishonesty. 4. Micro-expressions never tell you their source. 5. Nervousness may equal honesty. 6. Be humble with your knowledge and expectations. Page 54

The Maltin READ System Thank You For Attending Phillip R. Maltin pmaltin@gordonrees.

55 The Maltin READ System Thank You For Attending Phillip R. Maltin Gordon & Rees, LLP 633 West Fifth Street, 49th Floor Los Angeles, CA Tel:

The Detection of Deception. Dr. Helen Paterson Phone:

The Detection of Deception. Dr. Helen Paterson Phone: The Detection of Deception Dr. Helen Paterson Phone: 9036 9403 Email: helen.paterson@sydney.edu.au The Plan Background Behavioural indicators of deception Content indicators of deception Difficulties in