The Lawyer in the Dutch Interrogation Room: Influence on Police and Suspect

In many European countries, providing a suspect in custody with legal aid before the first police interrogation is a heavily debated issue. In this paper, we report on an exploratory study on the use of coercion by the police and the use of the right to silence by suspects in 70 Dutch homicide cases and their relation to prior consultation and presence of a lawyer. Analysis of the data indicates that there is a relation between the presence of a lawyer in the interrogation room and the way in which police interrogators use coercion. To gain insight into whether the police use coercion and how this is achieved, we looked at the extent to which the interrogators make use of certain interrogation techniques and how the interrogation techniques are used to exert coercion. We found that legal advice from a lawyer before and during the interrogation corresponds with suspects more often using their right to silence. It also appears that the police are inclined to use ‘hard coercion’ when confronted with a silent suspect. The research thus raises the question as to whether the presence of a lawyer is an adequate way to prevent false confessions. Copyright © 2012 John Wiley & Sons, Ltd.     

The Role of Rapport in Investigative Interviewing: A Review

Rapport often appears in training and discussions regarding investigative interviewing, yet very little empirical research has examined rapport systematically in law enforcement or intelligence settings. Using a model of rapport developed from therapeutic settings, we address in this paper the components of rapport and their relevance to investigative interviewing. Rapport can play a facilitating role in supporting the goals of an investigative interview, to include developing a working alliance between interviewer and source, exercising social influence, and educing information from a source. A better understanding of how rapport develops in these contexts and its impact on interview outcomes would enhance the effectiveness of investigative interviewing. Research on rapport in the investigative interview would enhance our understanding of the interpersonal dynamics in these situations. We identify several gaps that such research should address, including the relationship between rapport and social influence and the development of rapport in multiparty interactions. Copyright © 2012 John Wiley & Sons, Ltd.     

Eliciting Intelligence Using the Scharff‐Technique: Closing in on the Confirmation/Disconfirmation‐Tactic

The current study examined interview techniques aimed at eliciting intelligence from human sources. We compared two versions of the Scharff‐technique to the Direct Approach (a combination of open and direct questions). The Scharff conditions, conceptualised into four tactics, differed only with respect to the ‘confirmation/disconfirmation‐tactic’. The participants (N = 90) received background information and took the role as a source in a phone interview. They were instructed to strike a balance between not revealing too little and too much information. As predicted, the Scharff‐technique resulted in more new information than the Direct Approach. Importantly, the sources interviewed by the Scharff‐technique perceived that they had revealed less new information than they objectively did, whereas the sources interviewed by the Direct Approach perceived that they had revealed more new information than they objectively did. Furthermore, the interviewer's information objectives were better masked with the confirmation‐tactic than with the disconfirmation‐tactic. The results highlight the Scharff‐technique as a promising human intelligence gathering technique. Copyright © 2014 John Wiley & Sons, Ltd.     

The flawed interview of a psychopathic killer: what went wrong?

The flawed interview of convicted killer Christopher Porco illustrates what occurs when a suspect's psychopathic traits are not considered in formulating an interview strategy. Specific areas of the dialogue between Christopher Porco and law enforcement demonstrates that traditional methods of interviewing may not produce a confession or valuable information when it comes to psychopathic suspects. Although the traditional goal of an interview is to obtain a confession or valuable information, law enforcement will have to display flexibility in the interview process by implementing alternative interview strategies and redefining what a successful interview is composed of when these suspects are unwilling to confess to their crimes. Failure to remain flexible, as displayed in the Christopher Porco case, which yielded neither a confession nor valuable information, can jeopardise the strength of a homicide case that ultimately may go to trial. Copyright © 2010 John Wiley & Sons, Ltd.