Behavioural Indicators That Could Be Used To Detect Interviewee Deception In The Conduct Of Investigative Interviews Presenter: Martin TAYLOR Position: Senior Legal Specialist Australian Criminal Intelligence Commission Date: 08 November 2016. www.acic.gov.au
Caveat The views expressed in this presentation are based on my own research and experience and do not reflect necessarily the settled views of the ACIC. 2
Presentation Overview This presentation predominantly focuses on equipping investigators with an introductory understanding of the seven behavioural indicators that could be used to detect deception of the interviewee during the conduct of coercive examinations, criminal or administrative interviews. In addition we will also look briefly at the investigative process, investigative interviewing and the PEACE Model, possible limbic responses of an interviewee, motivations for being deceptive, and known deceptive responses used. 3
Mark Twain If you tell the truth, you don't have to remember anything 4
Interviewer Perquisite Knowledge In order to identify and understand behavioural indicators that could be used to detect interviewee deception in the conduct of investigative interviews, an investigator needs to have a basic understanding of the methodology to undertake an effective interview such as Investigative Interviewing and the utilisation of the PEACE Model. 5
The Investigative Process As investigators you would be aware that the investigative process includes several methods of obtaining investigative information such as interviewing, crime scene examination and the identification and collection of real and documentary evidence etc. 6
Investigative Interviewing Investigative interviewing: 1. Is an essential aspect of the investigative process for investigators attempting to establish the truth about a matter under investigation 2. It involves sourcing relevant admissible information from interviewing victims, witnesses and suspects. 7
The PEACE Model The elements of the PEACE Model include: 8
The PEACE Model 1. Planning and Preparation What to consider when planning and preparing for an interview. 2. Engage and Explain How to cope with the issues of commencing, conducting and establishing the ground rules of an interview. 3. Account, Clarification and Challenge Deals with the central issue of obtaining the interviewee s account, clarifying and where necessary, challenging this account with known facts or evidence. 9
The PEACE Model Cont 4. Closure Describes the issues for consideration that need to be addressed before closing an interview 5. Evaluation The key questions to ask about what was achieved during the interview, how this value adds to the investigation and how to improve your capability as an interviewer for future interviews. 10
The Interviewer Situational Awareness An Interviewer should always be situationally aware when conducting an interview and look for behavioural clues to assist them in determining if an interviewee is in a heightened state of arousal or being deceptive. 11
The Psychology Behind Deceptive Conduct It important for the interviewer to have an understanding of the interviewee before commencing the interview. This assists in: forming a better understand of the interviewee identifying the psychological barriers that the interviewee may have which prevents them from taking openly with the interviewer enables opportunities to establish a greater rapport between the interviewer and the interviewee. 12
Generally a person telling the truth will answer a specific relevant question with a direct, spontaneous response such as: I did not do that? To the contrary I have found that most individuals when attempting to confidently and with authority communicate a deceptive response, will do so by doing one or more of the following: 13
Sample Of Possible Deceptive Responses Inappropriate laughter Deny or fail to answer a question or delay in answering a question Omit important facts from their account Deny facts in an attempt to persuade others to believe that what is reality is in fact a mistake in perception Answer a question quickly Use an interpreter when not needed Repeat the question asked so as to add time in their response, Did I steal that money Act if they have memory failure when in fact they don t. i.e. I don t remember Rehearse deceptive responses Evade answering the question Responds with to the best of my knowledge..., or to tell the truth... Deceptive people may support their answers with a religious supporting statement such as: I swear to God I am telling the truth, As God as my witness, I swear on the Bible or May God strike me dead if I am lying. 14
Interviewee Motivation For Being Deceptive An interviewee may be deceptive in their account for the following reasons: to assist in self deception for financial, material or occupational gain to increase their reputation in the eyes of others to avoid punishment and other ramifications to manipulate the behaviour of others to protect themselves and/or others they don t want others to know the truth they have a hidden agenda to create a sense of identity. 15
Seven Useful Indicators An interviewer should possess the skill to be aware of an interviewees demeanour, this can be achieved by monitoring seven useful indicators exhibited by an interviewee during an interview. They are: 1. The constant interviewee behaviour displayed during the interview 2. Any observed changes to the interviewee s base line behaviour 3. The identification of clustering of interviewee s behavioural clues 4. Interviewee s consistent reaction to investigatively important topics 5. An awareness of possible interviewer preconceptions and conscious and unconscious bias towards the interviewee 6. Interview contamination by the interviewer 7. Interviewer cross checking and analysis of the information provided by the interviewee during the interview. 16
Indicators To enable a greater understanding of each of these indicators it s important to consider them in more detail: 1.The Interviewee s Constant Behaviour Before an interviewer can effectively identify any deception that may be exhibited by an interviewee, the interviewer must first establish the interviewee's normal behaviour otherwise known as base line behaviour or benchmarking behaviour. The interviewer should always determine the interviewee s neutral or normal physiological state (of behaviour) in order to identify anything that may be later exhibited by the interviewee which is out of character. 17
Indicators In order to determine the interviewee s base line behaviour, the interviewer must observe the interviewee in: A relaxed state - normally this is achieved by talking with the interviewee about non-contentious neutral topic(s) etc The interviewee responding to questions, the truthful answers of which are already known to the interviewer The interviewee responding to questions, the answers to which are known to the interviewer as being false, incorrect or a lie. 18
Indicators 2. Changes in the interviewee s behaviour When an interviewee is responding to a question that directly concerns them, such as did you take that money? The interviewer should look for a new behaviour or change in the interviewee's constant (base line behaviour). 19
Indicators Such behaviour may include: a new behaviour that has not previously been seen which is now being exhibited. an existing behaviour previously seen has stopped. an existing behaviour has a significant change i.e. the interviewee becomes aggressive with the interviewer in a defensive attempt to block the threat (direct questioning). 20
Psychology and Physiology It is important at this point for the investigator / interviewer to also have a fundamental understanding of: Psychology Human physiology in particular the Limbic system. 21
Possible Interviewee Limbic Response(s) Interviewee Limbic Responses to a perceived threat One of the ways the human limbic brain has assured our survival is by regulating our behaviour when confronted with a danger or threat. The brain s response to threats, has taken three forms: commonly referred to as the: Freeze, Flight, or Fight response. 22
The Sympathetic Nervous System In humans the Limbic System is the primary mechanism in control of the Freeze, Flight or Fight response and its role is mediated by two different components. They are: The Parasympathetic Nervous System The Sympathetic Nervous System Freeze / Flight / Fight 23
The Freeze Response The first defence of the limbic system, in the presence of a threat is to Freeze, as movement attracts attention it also gives the threatened individual the opportunity to assess the situation and determine the best course of action they think they need to take. In an interview situation for example when an individual is being questioned about matters that they perceive could get them into trouble to which they were not expecting. 24
The Flight Response When the Freeze Response is not adequate to eliminate the threat or is not the best course of action, the second limbic response is to escape by use of the Flight Response. 25
The Fight Response The fight response is the limbic brain s final tactic for survival through aggression. When an individual is confronted with a perceived threat that they can t avoid by freezing or escaping (flight), the only alternative left to them is to fight and the use of aggression. In an interview situation an interviewee acting on aggression may not be practical or legally sound, so the limbic brain has developed other fight response strategies. 26
The Physiological Changes An Interviewer needs to be conscious of the physiological state of the interviewee especially to determine if they are in a state of homeostasis or if their Sympathetic Nervous System has been activated. 27
The Physiological Changes Some physiological changes may include: Acceleration of lung action (breathing) Paling or flushing, or alternating between both Dilation of the pupil(s) Auditory exclusion (loss of hearing) Tunnel vision (loss of peripheral vision) Shaking Relaxation of bladder Inhibition of stomach and upper intestinal action digestion slows down or stops Constriction of blood vessels in many parts of the body Increased blood flow to the muscles activated by diverting blood flow from other parts of the body Increased blood pressure, heart rate, blood sugars (glucose), and fats in order to supply the body with extra energy Increased muscle tension (release of hormones) in order to provide the body with extra speed and strength. 28
Indicators 3. Clusters Of Behavioural Clues Human beings communicate using a complex system of verbal and nonverbal communication, reacting to internal and/or external stimuli. 29
Behavioural Gestures or Clues A cluster, meaning three of more behavioural clues being exhibited at the same time to the one stimulus (i.e. a direct relevant question) is more significant than just one single exhibited behaviour. The rationale for this is that there is no one single human behavioural clue or gesture that is indicative of deception. A cluster of behavioural clues occurring within the one set event leads to a greater probability that the interviewee is being deceitful in their responses. 30
Nonverbal Behavioural Clues Behavioural clues will occur in varies ways some of which include: Nonverbal clues - body language. Facial microexpressions (emotional responses). Eye contact and movements. Mouth gestures. Pacifying behaviours and gestures. Verbal clues - Voice Tone (pitch / volume / frequency), Temp (speed / pace / rhythm) and Timbre (voice quality/ sound and characteristics). 31
Consistency Of The Interviewee 4. Consistency of the interviewee A consistent reaction over a period of time to a specific issue can be a significant indicator of the possibility of deception by an interviewee. An interviewer should not be looking for the same behavioural changes in the interviewee every time an investigative important topic is asked but just those changes (clues) that arise in clusters. 32
Preconceptions And Biases 5. Preconceptions and biases The interviewer should approach every interview with an open mind and be aware of their own preconceptions, conscious and unconscious bias they may have towards the interviewee. 33
Contamination Of An Interview 6. Contamination Contamination of an interview can occur as a result of many factors, the most relevant of which are: 1. The interview environment 2. The interviewer's verbal and nonverbal behaviour 3. The questions asked of the interviewee. 34
Cross Checking Of Information 7. Cross-checking Before the interviewer can draw any conclusions from the information obtained during the interview, it is necessary for the interviewer to review their observations and cross-check the data (checkable facts) they have obtained from the interviewee. 35
Conclusion As with any skill or capability, it can only be attained through extensive education, training, continual practical application and evaluation. 36
Questions martin.taylor@acic.gov.au (03) 8636 7208 37