by MAC-3
He is always able to differentiate between right and wrong and usually is well acquainted with the requirements of society and religion, but he is absolutely unwilling to be governed by these laws. In fact, he may say that they do not concern him. The only interest which he has with laws is to see that he is not caught in their violation, and, if he is caught, to try to secure, by some trick, a minimum punishment. Thus, one of the symptoms is a complete selfishness which manifests itself in every act of the person. The only one whom he thinks of, in fact, the only individual that he completely loves, is himself, and he is surprisingly hard-ened to the rest of the world, including the members of his own family.
According to researcher George N. Thompson, the secondary characteristics of a psychopath are “lack . . . of discretion, judgment and wisdom, impulsiveness, peculiar ability to ingratiate himself, and inability to profit by experience” (1953, p. 42).
There is no satisfactory treatment for psychopathic personality. Psychiatrists have, so far, been unable to do any good once the psychopathic behavior pattern has been established. Neither a long term in prison nor restraint in a psychiatric hospital can affect the conduct of psychopaths. Appearing self-assured, psychopaths are often cunning and convincing liars. Their motivation is to outsmart the investigator. Yet they can be caught because, as Dr. Stanley Abrams says, “the fear of detection [still] exists and probably
Human Needs and Deception in the Interview 31
accounts for their reactivity” during polygraph tests (1977, p. 44).
Proficient investigators consider this group challenging.
Defense Mechanisms
Most interviewees want to preserve their reputation. They strive continually to preserve their ranking among their peers by engaging in whatever action is necessary to maintain their prestige or dignity. Thus in embarrassing situations, they appreciate being allowed to save face through rationalization or projection.
Rationalization
To rationalize is to invent plausible expla-
nations for actions (Nierenberg 1968). Interviewees, like all of us, act in accordance with their own individual rational, reasoning powers. They protect themselves with rationalizations when they hold hidden images of themselves that the facts of their status do not support (Nierenberg 1968, p. 39). Thus they use rationalization to preserve their self-image (Berg and Bass 1961, p. 252). Be sensitive to the possibility that mere involvement in an investigation might cause some interviewees to feel that they have not lived up to their personal expectations (Bennis et al. 1973, p. 274).
Everyone wants to feel capable, normal, and worthwhile compared to others. Few people are self-confident enough to be completely indifferent to insults and criticisms. They maintain their self-image by conforming to peer pressure, which can produce feelings of conflict and guilt when group behavior contradicts the dictates of their conscience. Hence interviewees will rationalize their actions, not wanting to expose their dependence on others (Berg and Bass 1961, p. 247). By accepting their rationalizations, you can help interviewees feel more confident and lessen their feelings of self-doubt. As a result, you will be more likely to gain their cooperation (Nirenberg 1963).
You can encourage interviewees to look at circumstances more optimistically (Wicks and Josephs 1972), diminishing the negative aspects of the situation through a look or a gesture, to reduce the interviewee’s reluctance to cooperate. You might suggest that the
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The Art of Investigative Interviewing
interviewee’s action (or lack of action) is not so unique after all and that many people have temporarily lost control (Wicks and Josephs 1972). Although you are diminishing the significance of their acts, you are not changing their overall responsibility for their actions or overlooking the effect on society and on others (Drake 1972, p. 34).
Your response merely allows for the free flow of information (Bennis et al. 1973, p. 312).
You may need to help some interviewees rationalize their cooperation with the investigation. Cooperation may cause them to lose face if it cannot be justified. If low self-esteem is the price of assisting with an investigation, some interviewees will refuse.
Projection Humans try to appear reasonable to themselves and to others by doing what is proper and acceptable. Some people use the defense mechanism of projection to shift onto others the responsibilities that they have not adequately handled (Woody and Woody 1972). When they cannot live up to expectations, they blame other people or the situation itself for their behavior. As researchers have noted, “Characteristically, people look to themselves as the source of their successes and to the situation as the source for their failures” (Downs et al. 1980, p. 224). They use projection to make their behavior understandable and socially acceptable. Thus, it is always someone else’s fault; it is someone else who deserves the blame ( Empathy in Police Work 1972). Subtly assist interviewees project their blame onto others in their effort to save face.
Concluding There’s Deception
The scientific method generally involves the use of inductive logic, which requires repeated observations of an experiment or of an event. From observing many different examples, scientists can draw a general conclusion (Egler 1970). Scientists also use deductive logic, reasoning from known scientific principles or rules to draw a conclusion about a specific case. The accuracy of a conclusion reached by deductive logic depends on the accuracy of the principles or rules on which it is based (Sipe 1985).
Human Needs and Deception in the Interview 33
Skilled interviewers use deductive logic when reaching a conclusion about the interviewee’s truthfulness. When interviewing, consider the subject’s verbal and nonverbal behavior as elements of the whole. Considering the totality of the circumstances, look for a pattern that indicates truthfulness or deception.
The interviewer’s tactics are based on generalizations accumulated from personal experience. Whether they work or not, generalizations give an illusion of power and are greatly cher-ished. Faulty, misleading generalizations can negatively influence the accuracy of the interviewer’s conclusions. Therefore, judge each situation on its own merits using generalizations validated by either scientific experimentation or personal experience (Nirenberg 1963). Scientific research is sometimes subject to bias and open to serious question, so place the highest value on your own experience (Coleman 1976, p. 22).
REVIEW QUESTIONS
1. Name three basic interpersonal needs.
2. Define esteem and self-esteem.
3. How do interviewees try to protect their self-image?
4. What is the relationship between needs and human behavior?
5. What can you do to influence the interviewee’s behavior?
6. Why would a person resist answering your questions about someone else?
7. How does an understanding of the interviewee’s needs help you achieve your objective?
8. What is the best response to an interviewee’s anger?
9. What are the four tests of interviewee credibility?
10. How do the truthful typically answer questions?
11. What is deception?
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The Art of Investigative Interviewing
12. Why are convincing liars difficult to detect?
13. Identify several verbal, nonverbal, and physiological signs of deception.
14. What is the significance of an interviewee’s responding with objections rather than denials?
15. How does the deceptive person’s eye contact differ from that of the truthful person?
16. List three key characteristics of a psychopath.
17. Contrast rationalization and projection.
18. Why do people rationalize?
19. Why do pathological liars lie? Why do other people lie?
20. On what should you base your conclusion about the interviewee’s truthfulness?
3
Preparing for the
Interview
An archer does no
t become a marksman without first practicing for hours using tried-and-true procedures. Time and again, an archer will draw the bow and release the arrow so that he or she gets the feel of successful accomplishment. Hitting the pre-selected mark becomes more predictable with each draw and release. Self-efficacy is at play as arrows hit their mark.
Days, weeks, and years of practice pay off for the investigator too as he or she conducts more and more interviews. An investigator’s confidence builds up over time and interviews become more fruitful. An investigator will start to notice a gradual attitude change toward interviewing and acquiring information from victims, witnesses, and suspects. As an investigator applies his or her intuition toward various assigned tasks, there is a broadening element of curiosity and flexibility flavored by imagination. These elements help build the maturing attitude and allow for greater accomplishment.
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The Art of Investigative Interviewing
ATTITUDE
The more effective you are in collecting testimonial evidence in an interview, the more proficient you will be as an investigator.
The attitude you bring to each interview is critical. A positive attitude plays a more essential role in determining your success than any procedure or technique. Your responses to interviewees will be automatic and effective if your attitude is correct.
Attitudes predispose us to behave in certain ways. Participants on both sides of the interview may have attitudes of trust or skepticism, prejudice or tolerance, toward each other.
Your attitude toward interviewees determines how you treat them, which in turn influences their reaction to you. It is striking to note how sensitively interviewees react to the investigator’s attitude, mood, approach, and expectations.
If the response you seek in an interview is full and open cooperation, then you must maintain a positive attitude toward each and every interviewee—even “lowlifes.” Your desire to understand is crucial (Woody and Woody 1972). It is useful to maintain a calm understanding without being ruffled or shocked; be permissive in your attitude to promote cooperation (Kahn and Cannell 1957). Through active listening (see Chapter 6), you exhibit a positive, understanding attitude toward others. By having confidence in your skills and ability, you display that you are self-assured. Neighborliness will sow positive seeds of your attitude, persistence, and general determination along the investigative path. Sensing your helping, friendly attitude, interviewees will probably comply as expected. A positive attitude is always effective, no matter what your objective.
Perceptive interviewees can sense your attitude as it is expressed through the formulation and presentation of your questions and by the way you listen to the responses. They are keenly aware of verbal and nonverbal signals expressing negative attitudes. If you ridicule or degrade interviewees, you will only promote antagonism. Don’t even knock the interviewee’s
Preparing for the Interview 37
possessions. People are proud of their things. As Shakespeare wrote, “A poor thing, but mine own.”
The Components of a Positive Attitude
The personal characteristics of “warmth, empathy, acceptance, caring, liking, interest, [and] respect [toward] others” (Cameron and Cameron 1951, p. 233), along with the ability to project these qualities, will help you become a proficient interviewer. If you do not possess these characteristics, strive to attain them. Thus,
“genuinely like your fellow man, be a warm, interested, caring, and involved person” (Benjamin 1974, p. 41).
You will be successful in your interviews if you incorporate three main qualities in your positive attitude: Congruence. To be in congruence with yourself means to be aware of and comfortable with your feelings and to be able to communicate constructively with interviewees in a way that expresses your humanity. To be in congruence with the interviewee means to recognize and accept the human qualities, needs, and goals that we all share.
Unconditional positive regard. Just as a parent expresses unconditional love for a child, you should strive to display a positive regard for the interviewee without reservations or judgments. Regardless of the inquiry, and even when dealing with unsavory interviewees, treat everyone as a valuable human being. Develop a genuine liking for people, and be tolerant of human weakness. When dealing with interviewees whom you consider to be repugnant, do not show how you really feel. When your inner feelings are critical of the interviewee’s behavior, put on a convincing show of acceptance of or tolerance for their behavior. This show is intended to encourage interviewees to let down their guard when talking with you. Your success is achieved by providing “warm regard for fellow human beings”
despite your prejudices and shortcomings (Benjamin 1974, p. 25).
Avoid condemning any behavior that conflicts with your own standards, and don’t display your biases (Garrett 1972, p. 26).
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Empathy. Empathy is the ability to identify with someone else, to understand their thoughts and feelings as if they were your own, and to convey this understanding to others (Woody and Woody 1972, p. 131). Pay attention as interviewees express themselves verbally and nonverbally so that you can pick up on their messages. Interviewees often express some deep emotional hurt that influenced their behavior in some way. By comprehending those hurts and putting them into your own words, you show that you are deeply tuned in, and this expresses closeness and caring.
Control your negative feelings about those with whom you come in contact during an investigation (Garrett 1972, p. 19).
Even if interviewees lie to you, don’t be vindictive in your comments. That’s not the way to gain further information.
Internally forgive the interviewee, and move on. Forgiveness requires ignoring your pride and acting unselfishly (Bennis et al. 1973, p. 140). Remind yourself that accomplishing your goal is more important than fortifying your self-esteem.
Avoid an attitude of condescension, contempt, or arrogance toward the interviewee (OSS Assessment Staff 1948, p. 16).
However “bad” the interviewee has been, restrain yourself from lecturing or becoming indignant. Never allow the interviewee’s mood to adversely alter your attitude or behavior. If antagonism does develop in an interview, be sure that you are not responsible for its development (Garrett 1972, p. 21). Continue as best you can to work toward gathering truthful information for a worthy goal (Bennis et al. 1973, p. 278). In all of your encounters, be a fact gatherer, not a judge. Learn the truth so that you can help resolve the matter under investigation (Wicks and Josephs 1972). Learn to be responsible for the effort, not the outcome. (This advice is especially useful for new officers.)
Attitude Change
“The greatest revolution in our generation is the discovery that human beings, by changing the inner attitudes of their minds, can change the outer aspects of their lives.”
—William James (1842–1910)
Preparing for the Interview 39
Attitudes learned and reinforced throughout life through interactions with other people form the basis of our behavior. Attitudes are “frozen,” and it is only with great effort that an “unfreezing process” takes place (Bennis et al. 1973, p. 290). Genuine attitude change is based on your predisposition and desire to change. As a professional, you can make a commitment to modify your attitudes and thus change your behavior to become a more effective interviewer. To change your attitudes, you must first change your feelings or your thinking. Authoritarianism, which breeds resentment, retaliation, and reluctance or refusal to cooperate, is largely based on prejudice (Adorno 1950). To change your authoritarian habits, look at yourself clearly and understand how your dis-criminatory actions affect others (Adorno 1950, p. 975).
A significant challenge is to become aware of your own strengths and limitations. The more aware you are of your good and bad characteristics as an investigator, the more likely it is that you will make changes to improve yourself. With a positive attit
ude, proper preparation, and adequate self-control, most interviewers can conduct productive forensic interviews (OSS
Assessment Staff 1948, p. 210). If your coworkers are striving toward a positive changing of attitude, join in (Bennis et al.
1973, p. 295). The support of your associates can help you achieve the changes you desire. Discussions among small groups of peers are highly effective in influencing changes of opinion and attitude.
FLEXIBILITY
Flexibility implies a growth in the ability to shift where needed in the process of interviewing. It suggests being capable of dancing to the emotional tune played by the interviewee. The score of that tune is based on the human needs of the interviewee. Using certain steps in rhythm with the tune, the interviewer blends his or her complimentary behavior. Through the eyes of the information provider, the investigator becomes aware of the interviewee’s characteristics and decides how to
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The Art of Investigative Interviewing
interact. Setting a strategic plan for each interviewee allows the investigator opportunity to gain the most from the interview.
To obtain the cooperation of some interviewees, you may need to temporarily modify your methods and thinking. That is, you may have to do or say things that you might normally find objectionable. For example, if you are neutral when interacting with the interviewee, I suggest leaning for the interviewee by giving the impression that if you were in a similar circumstance, you might have done something similar to what the interviewee did, even though you know that you would never engage in that particular behavior. Treat everyone you interview—even those you suspect of involvement in the matter under investigation—with professionalism and neutrality. Your professional, calm, nonjudgmental methods signal to victims, witnesses, and suspects that they can safely trust you. Convince interviewees that you are more friend than enemy. This is how you outsmart the culpable.
