Memory-enhancing techniques for Investigative Interviewing: The Cognitive Interview National Defender Investigator Association September 4, 2008 Austin, TX Dr. Ronald Fisher Department of Psychology Florida International University Miami, FL 33181 Tel: 305 919 5853 Email: fisherr@fiu.edu
Outline of Training Social Dynamics Memory + Cognition Communication Sequence of the Cognitive Interview Practical Issues Identification tests Analysis of Homicide Interview
Central Themes Witness-centered Witness to be active participant
Central Themes The Witness is the central character in the interview, because she has event-related information. Therefore, the interview process revolves around the Witness s knowledge. The witness should play an active role in the interview. The witness, not the interviewer, should do most of the mental work.
Central Themes: Questionless Interview Goal: to conduct an interview without asking questions
Questionless Interview: Why it works Asking questions places heavy demands on the interviewer Asking questions disrupts the witness s thought processes Idiosyncratic information cannot be generated from questions, but only from active witness Informational analysis: witness has the information; interviewer is curious Analogy of reservoir: irrigating a field
Barriers to Overcome Motivational: uncooperative or hostile witness Emotional: unpleasant experience to be recalled Cognitive: witness does not know her social role (to generate information)
Motivational Barrier Reasonable, understandable; interviewer should be able to identify with the witness s problem Underlying problem: witness thinks about only her personal problem, and does not go beyond personal influence to larger implications.
Overcoming Motivational Barrier Deal with the problem directly Develop rapport, understanding, selfdisclosure Non-judgmental, non-threatening environment
Overcoming Motivational Barrier Adversarial vs. cooperative environment Goal: To elicit the witness s active participation to solve the crime
Emotional Barrier Event is unpleasant to recall Re-traumatizing the victim Sketch artists experience with rape victims FLETC report what victims want Developing rapport; active listening Demonstrations/excerpts Interviewers do not spend enough time developing rapport
Cognitive Barrier Witness does not know the rules of the game ; no prior experience Relevant experience (tv) is inappropriate To change witness s incorrect beliefs
Cognitive Barrier Explicit instructions of expected witness s social role: To generate information actively, without waiting for questions Demos/excerpts
Witness Participation: Open-ended Questions Ask open-ended questions Demonstrations of poor technique: closed questions
Witness Participation: Open-ended vs. Closed Questions Open-ended as primary tool to collect information Sequence of open-ended and closed questions: open + closed Strategic use of closed questions
Witness Participation: Avoid Interruptions Demonstration Analysis of interruptions Why do interviewers interrupt?
Witness Participation: Pause after witness speaks Why does the witness stop speaking? Demonstration
Memory & Cognition Theoretical analysis: Are all experiences stored/retrievable? Cue-dependent vs. trace-dependent forgetting Hypnosis as a memory enhancer: Does it work?
Retrieval-Enhancing Techniques Encoding specificity principle (context reinstatement) Implementing the encoding specificity principle
Limited Mental Resources Demo: walking & cognition Limited resources Sources of distraction For witness: physical + psychological For interviewers: multiple tasks Questionless interview minimizes mental distractions (NTSB agent experience)
Increasing Cognitive Resources Promoting focused concentration (close eyes) Requires rapport Alternative if witness is uncomfortable to close eyes
Increasing Cognitive Resources Extending functional time of interview Pre-interview questionnaire Post-interview recollections Self-administered interview
Witness-Compatible Questioning Goal: To probe each witness in the most efficient method Memory records vary in accessibility within an interview. Goal: to probe each item when most accessible for specific witness. E.g., ask about robber s face only when witness is describing face, not when describing other objects or events.
Variation within an interview Interviewer to think as if inside the witness s head. Sources to inform interviewer of currently accessible memory records.
Principle of Multiple Retrieval More retrieval attempts yield more recollections Additional retrieval opportunities yield new information (reminiscence) Multiple retrieval attempts within an interview, e.g., close eyes, sketch Multiple interviews (across interviews), e.g., pre- & post-interview retrieval; several interviews
Principle of Varied Retrieval Reminiscence is more likely the more different two retrievals are. Different interviewers Different kinds of mental code, e.g., different sensory modalities Visual vs. auditory processing: specialized systems (visual-spatial; auditory-temporal) Chronological vs. backward order Personal perspective: self vs. other
Varied Retrieval and Deception Varied retrieval may be useful to detect deceptive suspects Assumptions A. Liars are less flexible than truth-tellers B. Liars rehearse more than truth-tellers Techniques A. Varied Perspective (self, other) B. Varied Order (chronological, reverse)
Probing Sensory Codes Reinstate context of specific image Zero in on specific image Develop specific image (takes time) Request detailed description (separate from image development)
Memory as a Constructive Process Use of event and non-event sources of information (cf. tennis tournament demo) Non-event sources of information: Media Other witnesses World knowledge *** Interviewer Instruct witness to report only events that she experienced, not from other sources
Controlling/minimizing non-event sources of information Avoid suggestive/leading questions Open-ended questions are more likely to be neutral (not leading) than closed questions.
Memory s Natural Editing Mechanism Omission vs. commission errors Metacognitive monitoring Avoiding the natural editing process promotes errors of commission Social pressure to respond Closed questions encourage guessing Instruct witnesses not to guess or speculate
Strategic decisions: How hard to push witnesses to respond Relative costs of omission vs. commission errors Availability of other sources Why does the witness withhold information? Low confidence (metacognition) Output style
Communication Two directions: Interviewer to convey investigative needs to witness Witness to convey knowledge to interviewer.
Interviewer Witness Columbo effect Explicit statement of investigative needs
Overcoming witness s tendency to withhold information: Instruct witness to report all information (out of order or contradicts earlier statement). Instruct witness not to guess.
Eliciting detailed level of description Explicit statement of need for detailed description Model the desired response Echo witness s response and request for additional details
Witness Interviewer Witness limited by verbal skills Not fluent in English (immigrant, child, tourist ) Some concepts not easily described by words
Using Non-verbal Output Do not artificially limit the interview by using only the verbal medium Code-compatible output: Output format to match mental representation format, e.g., sketches motoric output recognition tests instead of recall/description
Why sketches work Code-compatible output for spatial information Reinstates experience context Interviewer understands better the witness s observing conditions Principle of multiple retrieval (sketch as an additional retrieval opportunity) Provides retrieval cues
Recognition testing Create catalogues of technical information and for concepts that are difficult to explain verbally, e.g., Vehicles Colors Odors, Sounds Explosions
Sequence of the Interview Pre-interview: self-interview, background information Introduction: rapport, motivational blocks, social dynamics Open-ended narrative (infer witness s cognitive map ) Follow-up probing of information-rich images: reinstate context, zero in on image, develop image, request description, open-ended followed by closed questions. Echo and request more details. Repeat for every image.
Sequence of the Interview (cont d) Fill in gaps of information Resolve earlier ambiguities Probe for general background information Resolve contradictions Review: check notes for accuracy; request additional information
Sequence of the Interview (cont d) Close: background information, maintain rapport/personal concern, extend functional life of interview Post-interview follow-up (call witness)
Sequence of the Interview (cont d) Be flexible to change as appropriate: Cognitive Interview is not a recipe, but a collection of independent tools
Nuts & Bolts Where to conduct the interview At the scene (encoding specificity principle) Control noise/distractions, other people When to conduct the interview ASAP, especially for details Witness s emotional state Logistics/accessibility Adequate time to complete
Nuts & Bolts Number of witnesses (one at a time) Social loafing Contamination
Practical Issues: Training Building blocks approach (one block of techniques at a time) Spaced practice Critical feedback on performance Self-monitoring
Identification Tests Goals: Police: Increase identifying the criminal Defense: Decrease identifying innocent suspect
Decreasing False Identifications Unbiased instructions: Perpetrator may or may not be in the lineup. Fillers do not match witness s description
Resources Books: Fisher & Geiselman (1992) Other sources Personal: Fisher, other cognitive psychologists
CI in a Nutshell: Major Principles Witness centered Questionless interview Open-ended questions primarily Funneled questioning: open closed Establish desired expectations for witness Code-compatible (non-verbal) output Pre- & post-interview data gathering
Analysis of Homicide Interview