Forensic Hypnosis and Cognitive Interviewing Chapter Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-1 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Hypnosis vs Cognitive Interviewing Share the same goal To increase information remembered Neither have been recommended for interrogation Both require a willing interviewee Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-2 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Forensic Hypnosis An investigative memory retrieval technique used to enhance recall in legally relevant situations Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-3 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 What is Hypnosis? Hypnosis is a state of increased receptivity to suggestion characterized by an altered state of consciousness Hypnotized persons are aware of what is going on Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-4 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Guidelines for Forensic Hypnosis Its use must be consistent with state law Its use must be consistent with clinical and legal safeguards of the subject A rationale for using hypnosis must be made prior to its use Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-5 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Guidelines for Forensic Hypnosis Hypnosis should be used for major crime only after all other procedures have been exhausted Not recommended for use with juveniles Not recommended for use with persons having cognitive disabilities Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-6 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Phases of Forensic Hypnosis Induction Narrative Closure Recall Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-7 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Induction The hypnotist relaxes the suspect and tests responsivity to suggestion Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-8 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Narrative Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-9 The subject is asked to describe the event © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Closure Subject instruction and closing end the session Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-10 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Changing Perspectives This technique encourages the interviewee to view the incident from another person's viewpoint Be clear that she must report facts that she has witnessed herself The purpose is not to fabricate or guess, but rather to see the event from the eyes of another Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-71 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Step Four — Summary and Closure Briefly summarize the information the interviewee has provided Ask the witness to interrupt immediately if he/she remembers new information or there are any errors in the review Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-72 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Summary and Closure Reestablish your personal connection with the interviewee Always end the interview on a positive note, so be sure to spend the time helping her mentally relocate to present time Also be sure to thank her for her time and effort Remind him/her to call if he/she thinks of new information Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-73 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Researchers Define Three Stages of Memory Encoding Storage Retrieval Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-74 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Encoding Happens as an incident is occurring Encoding is like taking photographs, which are then stored and retrieved to construct a memory of an event Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-75 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Storage Small pieces or snapshots of what witnesses saw, smelled, tasted, and felt are stored in their brains Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-76 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Retrieval As the witness “remembers” the incident the brain attempts to retrieve these photos to recreate the event Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-77 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Challenges During Encoding Did they get it all? How did they perceive it? Lighting, distance, and distractions Guilt, stress, and involvement Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-78 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Challenges During Storage Well-asked questions can help witnesses find the correct file where memories are stored Memories change over time New memories may or may not reflect the reality accurately Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-79 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Contamination Inappropriate questioning Leading and misleading questions can confuse your witness and produce incorrect information Example: Tell me about the red car Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-80 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Inappropriate Questioning Forced choice questions give the interviewee choices instead of an open-ended question Did you hear the victim scream? Asking multiple questions in rapid succession is also an inappropriate questioning technique Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-81 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Challenges During Retrieval: The Interviewee Scripting The memory of how things are supposed to happen I.e., how to eat with a fork! Does not indicate lying but that a memory gap has been filled with positive information Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-82 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Challenges During Retrieval: The Interviewee Emotions Guilt about what happened or their role in the event will affect their perception Memory is likely to become fragmented and to include past events during highly emotional situations Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-83 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Challenges During Retrieval: The Investigator The investigator combats any assumptions, hypotheses, or stereotypes he/she brings into the interview Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-84 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Challenges During Retrieval: The Investigator She/he is also challenged to leave behind her own scripts and emotions about the incident Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-85 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 ... imagination Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-13 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Faking Smart Talk: Contemporary Interviewing. .. Cognitive interviewing was devised as a police interview technique by Edward Geiselman and Ronald P Fisher as an alternative to hypnosis Smart Talk: Contemporary Interviewing and Interrogation By Denise... orders, moving back and forward in time Change perspectives and recall from different points of view Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 5-22 © 2007