Slide 6

Direct evidence: Directly links a defendant to a crime.

Circumstantial evidence: Indirectly implies a defendant's involvement.
Statistical evidence: Numerical data used to prove or disprove guilt.
Real evidence: Physical objects connected to the crime.
Prima facie evidence: Evidence creating a presumption of guilt until rebutted.
Demonstrative evidence: Visual aids to illustrate points.
Documentary evidence: Written, verbal, or visual recordings.
Impression evidence: Imprints left at a crime scene.
Testimonial evidence: Witness statements under oath.
Character evidence: Information about a defendant's personality or reputation.
Habit evidence: A defendant's consistent actions in certain circumstances.
Hearsay evidence: Out-of-court statements offered to prove the truth of the matter asserted.
Forensic evidence: Scientific evidence used to investigate a crime.
Trace evidence: Tiny pieces of physical matter transferred during a crime.
Expert witness evidence: Testimony from experts in a specific field.
Exculpatory evidence: Evidence that tends to exonerate a defendant.
Digital evidence: Evidence stored electronically.
Corroborating evidence: Evidence that supports other evidence.
Insufficient evidence: Lack of evidence to support a conviction.

The Daubert Standard

It is a method used by courts to determine whether or not expert testimony should be admissible
at trial.
This standard applies to both civil and criminal cases
The Daubert standard is a legal test used to determine the admissibility of expert testimony in
federal courts. It originated from the Supreme Court case Daubert v. Merrell Dow
Pharmaceuticals.
Has the expert's theory ever been tested?
Has the expert's theory been reviewed by their peers?
Does the theory have a known or potential rate of error?
Has the scientific community accepted the expert's theory?
Have the expert's findings ever been published?

Persuasiveness and Limitations of Eyewitness testimony

Persuasive nature: Eyewitness testimony is often seen as highly influential in criminal cases
due to its direct connection to the crime.
Error and bias: However, it's prone to errors and biases, influenced by factors like stress, age,
and questioning techniques.
Consequences: Inaccurate testimony can lead to wrongful convictions and undermine the
justice system
Eyewitness Memory Accuracy
Eyewitness memory accuracy can be affected by how easily a memory is retrieved. Easier
retrieval is associated with higher confidence, but also with a higher likelihood that the memory
is incorrect.
A study investigated how time and repetition affect the relationship between retrieval effort and
memory accuracy.
The findings suggest that with time, both correct and incorrect memories can be strengthened or
weakened. Repetition can strengthen memories, making them easier to retrieve.
Over time, incorrect memories may become harder to distinguish from correct memories based
on retrieval effort alone.
The study also supports the idea that retrieval effort cues can mediate the relationship between
confidence and memory accuracy

Accuracy
An experiment to investigate how early testing can affect the accuracy and retention of
eyewitness memories.
They showed participants a video of a purse-snatching and then asked them to recall details in
a series of forced-choice questions.
One group was tested immediately after watching the video and again 48 hours later, while the
other group was tested only after the 48-hour delay.
The results showed that early testing not only led to more accurate memory but also reduced
forgetting over time.

The role of Limbic System

limbic system, a part of the brain, constantly reorganizes storage compartments by adding new
data and discarding old or confusing information.
This process can lead to the alteration of memories over time.
The also emphasizes the importance of this neural recollection process in eyewitness
testimonies, as it can contribute to the fallibility of memory and potentially lead to wrongful
convictions

Eyewitness Identification
These include:
poor vision or viewing conditions during the crime
particularly stressful witnessing experiences,
too little time to view the perpetrator or perpetrators,
too much delay between witnessing and identifying,
and being asked to identify a perpetrator from a race other than one’s own

False Memories
1. Photoshopped Images
Childhood photographs of participants were digitally altered to include an event that never
happened (e.g., a hot air balloon ride).
The altered images were presented to participants, who were then asked to recall their
experiences.
2. False Narratives
Participants were given a fake story about a childhood event, often accompanied by
manipulated class photographs.
The combination of the story and visual cues could enhance the likelihood of participants falsely
remembering the event.
3. Repeated Questioning:
Participants were repeatedly asked about the false event, even if they initially denied having any
memory of it.
The repeated questioning could create a sense of familiarity and increase the likelihood of
participants accepting the false memory as true.

Identification procedures
Photo arrays are the most common procedure and consist of multiple photographs displayed to
a witness.
In recent decades, many police departments have adopted sequential presentation of
photographs, where the witness views them one at a time.
Blinding procedures are used to prevent conscious and unconscious cues from being given to
the witness during an identification procedure.
Live lineups involve the physical suspect and fillers standing in front of the witness for
identification.
Showups involve showing a single suspect to a witness for identification.

Interviewing witness
Identification procedures how to conduct effective witness interviews
Preparation: Review case materials, identify biases, and formulate questions.
Rapport: Establish a comfortable and safe environment for the witness.
Active Listening: Pay close attention to the witness, ask follow-up questions, and clarify
information.
Open-Ended Questions: Use open-ended questions to obtain detailed information.
Avoid Leading Questions: Avoid questions that suggest a particular answer or bias the witness's
response.
Summarizing and Confirming: Summarize the information provided and confirm understanding.
Non-Verbal Communication: Pay attention to the witness's body language, tone of voice, and
facial expressions.
Building Trust: Be respectful, empathetic, and maintain confidentiality.
Adapting to Communication Style: Adjust your communication style to suit the witness's
preferences.
Documenting the Interview: Record the information gathered and maintain confidentiality.

Needs for Victims

Medical assistance
Shelter / safe space to gather and wait for news about loved ones, if they are missing
Food/Water
Emotional Support / Connection to social supports
Information and regular updates from the authorities about the ongoing investigation/recovery
process
Crisis Intervention / Psychological First Aid (early mental health supports to help survivors build
adaptive capacities, decrease stressors, and reduce symptoms of trauma immediately following
the terrorist incident)
Consideration of cultural/spiritual needs
Protection from media intrusion

Slide 7

Human psychology and eyewitness

The following are some of the more important research findings that have been used in court by
psychologists:
(a) eyewitnesses tend to be less accurate in stressful situations;
(b) people experience difficulty making cross-racial identifications;
(c) eyewitnesses focus on weapons rather than faces;
(d) memory decay starts immediately after a perception;
(e) memory gaps are often and easily replaced by unconscious fabrication or by external
suggestions;
(f) there is not necessarily a correlation between the degree of certainty evinced by the
eyewitness and accuracy (Melton et al., 1997);
(g) although younger children are often more suggestible and remember less detail than older
children and adults, they do not necessarily have poorer memories (Saywitz and Goodman,
1996)

Issues in recall, recognition and retrieval

1)Perception
Sensory Input: The accuracy of perception is influenced by the quality of sensory information,
such as visual acuity and auditory sensitivity.
Attention: Selective attention can impact what is perceived and what is missed.
Expectations and Biases: Preexisting beliefs and expectations can shape perception.
2)Memory
Encoding: The process of converting sensory information into a memory representation.
Storage: The retention of information over time.
Retrieval: The process of accessing stored information.
Memory Distortion: Factors like suggestibility, misinformation, and stress can distort memories.
3)Expression
Verbal and Non-Verbal Cues: The way a witness communicates their account, including body
language and tone of voice.
Social Pressure: Social pressures, such as the desire to please authorities or conform to
expectations, can influence testimony.
The Cognitive Interview for eliciting information: A Powerful Tool for Investigative
Interviews
Key Principles and Techniques of the CI
Mental Reinstatement: The interviewer guides the witness to mentally reconstruct the
context of the event, including the physical environment, their emotions, and any sensory
details. This helps to activate relevant memories and improve recall.
Report Everything: The witness is encouraged to report all details, no matter how trivial they
may seem. Even seemingly irrelevant information can be important and may trigger other
memories.
Change Perspective: The witness is asked to recall the event from different perspectives, such
as the perspective of another person involved or from a different location. This can help to
uncover new details and insights.
Recall in Reverse Order: The witness is asked to recount the event in reverse chronological
order. This can disrupt the typical recall pattern and stimulate new memories.

Peace Model
The PEACE Model is a modern investigative interviewing technique that prioritizes a
collaborative and respectful approach.
It aims to build rapport with the interviewee, creating a relaxed and non-threatening
environment. This approach is believed to encourage cooperation and elicit accurate
information.
The PEACE model was developed to address the issue of false confessions often associated
with more aggressive and accusatory interviewing styles

Peace
Preparation and Planning
Engage and Explain
Account, Clarify, and Challenge
Closure
Evaluation

How it’s done

1)Preparation and Planning:
Understand the case thoroughly.
Create a detailed interview plan.
Identify the purpose, aims, and objectives.
Assess the available evidence and identify any gaps.
2)Engage and Explain:
Build rapport with the interviewee.
Introduce yourself and explain the purpose of the interview.
Set a relaxed and non-confrontational tone.
3)Account:
Elicit detailed information from the interviewee.
Use cognitive approach or conversation management techniques.
Encourage open-ended responses and avoid leading questions.
4)Closure and Evaluation:
Summarize the key points of the interview.
Address any questions or concerns.
Thank the interviewee.
Evaluate the interview's effectiveness.
Identify areas for improvement in future interviews.

SLIDE 8
Interrogation is a process used by law enforcement to obtain evidence in an ongoing case. The
person being interrogated is usually a person of interest in a crime that has been committed.
The term interrogate means "to question someone aggressively or formally," which can be seen
in many interrogation techniques.

when a person is in custody—that is, when they’re not free to go—and an officer is asking
questions, then it is considered an interrogation

Miranda Rights
You have the right to remain silent. Anything you say can and will be used against you in a court
of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided
for you. Do you understand the rights I have just read to you? With these rights in mind, do you
wish to speak to me?”

Changes and complication since Miranda's warning

Miranda's Failure: Despite initial hopes, Miranda has had little effect on police practices or
conviction rates.
Persistent Coercion: Police interrogations remain inherently coercive, even with Miranda
warnings.
Circumvention of Miranda: Law enforcement has developed methods to circumvent Miranda,
such as questioning before formal arrest or using public safety exceptions.

Immediate Impact of Miranda: Empirical studies post-Miranda revealed a significant decline in

the effectiveness of police investigations.
Reduced Questioning: A study in Pittsburgh showed that over 40% of suspects could not be
questioned at all after Miranda, compared to pre-Miranda where every suspect could be
questioned.
Decreased Confessions: Miranda led to a substantial reduction in admissions of guilt,
particularly in homicide and robbery cases, where confessions were halved.

psychological method of interrogation : Reid Technique

In the early 1960s, ex-police officer/polygraph expert John E. Reid and lawyer/criminologist Fred
E. Inbau collaborated on a psychological method of interrogation called the Reid Technique.
This method of interrogation would usher in a new era in accusatory interrogation. This new
model is based on psychological manipulations utilizing isolation, confrontation, and
minimization of culpability and consequences.

Key steps In REIDs interrogation

Direct Confrontation: Accusing the suspect of the crime, regardless of guilt, and presenting
false evidence to pressure them.
Theme Development: Offering justifications or excuses for the crime to make it easier for the
suspect to confess.
Handling Denials: Interrupting denials and challenging the suspect's credibility.
Overcoming Objections: Discrediting the suspect's reasons for innocence.
Retention of Participation: Keeping the suspect engaged and preventing withdrawal.
Handling Passiveness: Re-engaging the suspect and emphasizing the theme.
Presenting Alternatives: Offering two incriminating choices to the suspect.
Oral Confession: Developing the initial admission into a full confession.
Written Confession: Obtaining a written confession to strengthen the case
Coercion and False Confessions: The technique's emphasis on psychological manipulation
can lead to false confessions, especially from vulnerable individuals.
Ethical Concerns: The use of deception and pressure raises ethical questions about the
integrity of the justice system.
Inaccuracy: The assumption that certain behaviors indicate guilt or innocence is not always
accurate.
Legal Challenges: The admissibility of confessions obtained through coercive tactics can be
challenged in court.

Techniques for improving interrogations

Establish Rapport: Building rapport with the suspect through empathy and understanding can
create a more cooperative atmosphere.
Let Them Talk: Allowing the suspect to ramble on can reveal inconsistencies and provide
opportunities for questioning.
Active Listening: Paying close attention to both verbal and nonverbal cues can help identify
deception and gather valuable information.
Know Your Suspect: Understanding the suspect's vulnerabilities and what matters to them can
be used to persuade them to cooperate.

Factors leading to false allegations

Societal Stigma and Cultural Norms: The stigma associated with being a victim of rape can
lead to false reporting as a way to gain sympathy or avoid blame.
Power and Control: False allegations can be used as a tool to exert power and control over
others in personal or professional relationships.
Legal and Ethical Implications: False allegations have serious consequences for both the
accused and the accuser, including potential legal repercussions and harm to reputation.
Impact on the Accused: False allegations can lead to wrongful arrest, damage to reputation,
emotional distress, and financial loss.
Impact on Genuine Victims: False allegations can erode public trust in the justice system and
discourage genuine victims from coming forward

Motivations or Reasons behind false reporting

Alibi: To cover up other actions or behaviors.
Revenge: To retaliate against someone for perceived wrongs.
Attention-Seeking: To gain sympathy or validation.
Mental Health Issues: Due to delusions, paranoia, or other psychological conditions.
Financial or Legal Gain: To obtain compensation or legal benefits.

The Baeza False Report Index

The BAFRI (Baeza False Report Index) is a list of red flags for false reporting, each indicating
the need for further investigation.
They can and will exist in legitimate cases, but when these elements present, they must be
examined, understood, and explained.
This index should be used as a guide only. These red flags suggest only the possibility that the
allegations may be false and that further investigation is needed.

1. A female victim has demanded to speak with a female officer of investigator.

2. A female victim’s intimate partner has forced her to report the alleged crime, rather than
having reported the crime of her own volition.
3. A victim’s parents have forced her to report the alleged crime, rather than having
reported the crime of her own volition.
4. A victim, most often under age, has returned home after his or her curfew.
5. A victim states that he or she was abducted at a busy intersection during the day. And
there are no witnesses to the incident.
6. A victim stated that he or she was attacked by a masked offender in the middle of the
day on a busy street.
7. A victim is in a drug rehabilitation program and is out past curfew.
8. A pregnant female victim is forced by a parent or guardian to report the crime to police.
9. A victim cannot describe the suspect nor provide details of the crime.
10. A victim has previously been charged with falsely reporting an incident
11. A victim has previously reported a similar crime to police.
12. A victim focuses on relocating to a new home or apartment during the investigation.
13. A victim focuses on initiating a lawsuit or on monetary gain during the investigation.
14. A victim displays “TV” behavior when initiating a complaint, mimicking the way that
stereotypical victims act on television and in film.
15. The victim cries at crucial points in the interview to avoid answering key questions.
16. The victim has a long psychiatric history.

Recovered/False Memory
The Recovered Memory Debate: In the mid-1990s, there was a surge in recovered memories
of childhood sexual abuse, often facilitated by therapy.
Controversy Over Memory Accuracy: Some questioned the accuracy of these recovered
memories, arguing that they might be false memories implanted through therapy.

False Memory
False Memory Implantation: Studies have shown that it's possible to implant false memories,
even for traumatic events, through suggestive techniques.
Individual Differences in Susceptibility: People with high dissociative tendencies are more
susceptible to false memory implantation.
Forgetting Memories: People can forget significant events, especially traumatic ones, due to
various factors like repression, dissociation, or simple forgetting.

A false confession is an involuntary statement of guilt made under duress, or as the result of
coercion. Jurors, judges, and prosecutors must be willing to accept that fact that under the right
circumstances just about anyone naïve to the criminal justice system can be victimized into a
false confession.

Types of False Confessions

Voluntary False Confessions: These occur when an individual, often due to mental health
issues or a desire to protect someone else, falsely confesses to a crime they did not commit.
Compliant False Confessions: Individuals give false confessions to escape a stressful
situation, often believing it's the quickest way to end the interrogation.
Persuaded False Confessions: These result from coercive interrogation tactics, where
individuals are pressured or misled into believing they committed the crime.

The likelihood of eliciting a confession

Vulnerability: Suspects who are young, mentally ill, or intellectually disabled are more
susceptible to false confessions.
Coercive Interrogation Tactics: Techniques like minimization, maximization, and false
evidence can pressure suspects into confessing, even if they are innocent.
Fatigue and Sleep Deprivation: Prolonged interrogations can wear down a suspect's
resistance and increase their likelihood of making false admissions.
Desire to End the Interrogation: Suspects may falsely confess to end a stressful and
uncomfortable situation.

Suggestive Techniques for False Confession

The Three-Step Process to a False Confession
Misclassification Error: Innocent individuals are wrongly identified as suspects.
Poor Investigation Techniques: Reliance on flawed techniques like behavioral analysis.
Stereotypes and Biases: Preconceived notions about the perpetrator's profile.
Lack of Evidence: Pressure to solve cases quickly without sufficient evidence.
Coercion Error: Suspects are subjected to psychologically coercive interrogation techniques.
Minimization: Downplaying the seriousness of the crime.
Maximization: Exaggerating the evidence and consequences.
False Evidence: Presenting false information to the suspect.
Fatigue and Sleep Deprivation: Wearing down the suspect's resistance.
Isolation: Isolating the suspect to increase vulnerability.
Contamination Error: The suspect's confession is shaped and influenced by the interrogator.
Suggesting Details: Providing information about the crime to the suspect.
Creating a Narrative: Helping the suspect construct a coherent story.
Minimizing Culpability: Offering excuses or justifications for the crime.
Factors Increasing Susceptibility to False Confessions
Vulnerability: Individuals with mental health issues, developmental disabilities, or youth are
more susceptible.
Personality Traits: Suggestibility, compliance, and a desire to please authority figures.
Interrogation Techniques: Coercive tactics and manipulation.