Thursday, April 4, 2019
History Of Police Interviewing In England And Wales Criminology Essay
History Of law Interviewing In England And Wales Criminology bear witnessCHAPTER 1-Interviewing comicals and witnesses is a basic outgrowth of policing every over the world. In England and Wales, pre PACE, diachronicly there was no ballock question training for patrol officers and officers learnt how to interview through observation of other guard officers. Thus, the best nar localize of guilt was pleas and theoretically good interviewers were those who could convince suspects to confess to crimes. Police interviews prior 1984 were governed by Judges Rules, these were envision guidelines for the officers who they were allowed to execute interviews un enter and then to write a report of the interview from memory. Afterwards, officers memory of the interview was presented in court from the handwriting report. The dangers of this argon self-evident officers smoke pick up bad practises or fail valuable culture. Eventually investigatings can be damaged, disrupted or even off destroyed. The secrecy of the law of nature interview room light-emitting diode to widespread concern about the tactical manoeuvre used to extract vindications things like intimidation, oppression, deception, and even physical violence (Leo, 1992). It has been shown that these manoeuvre can lead to nonsensical confessions, in which fiber a persona miscarriage of legal expert occurs non only is an innocent person convicted but the confessedly off demiseer frame free (Gudjonsson, 1992). The set of this chapter is to discuss the old investigative interviewing which led to miscarriages of providedice. Also, what was happening to police interviewing, why chimerical confessions were frequent phenomenon and what types of turned confessions exist. An important theme is existence lore about police interviewing at this historical time. Finally the primary improvements that fix been d unmatched, much(prenominal) as PACE and postings 7 and 22.Miscarriages of Just iceWhen the landmark miscarriages of justice is used, it usually refers to what argon called questionable convictions or wrongful convictions. Walker (1999 52-5) summ draw closes the causes of questionable convictions which are fabrication of certainty, treacherous identification of an offender by the police or witnesses, perfidious expert endorse, unreliable confessions resulting from police thrust or the vulnerability of suspects, non disclosure of enjoin by the police or quest, the comport of the trial and problems associated with appeals subroutines. However, the term miscarriages of justice as relating to questionable convictions is itself partly adequate (Adler and Gray, 2010). Consequently, the term can also occur when there is no activity, inaction or questionable actions, whereby an offence has taken place but no action or insufficient action or interference has followed. Questionable actions include police unprofessional conduct and overleap of ability (e.g, fai lures to investigate effectively, poor treatment of victims and their family), insufficient prosecution demonstratees (poor communication with police, risk dodging ), and problematic trial practices (hostile cross examination of witness, weak presentation of the prosecution case). Therefore, questionable actions represent police failure to identify suspects and to press charges, the lack of success of the prosecution to mount a case, the collapse of the prosecution case during the trial and as a result, agencies ineffectiveness to inform or support victims and their families (Newburn, Williamson and Wright, 2007).Traditionally, the primary aim of police investigators has been to obtain a confession from the primary suspect, the confession being seen by officers to be the observe of a successful investigating and the predominant means by which a conviction can be secured. To understand why a confession was so pivotal concern it is essential to consider the operation of various sy stems of justice. In an adversarial system, the judge is considered to be neutral during the trial process and should leave the presentation of the case to the prosecution and defence who prepare their case, call and examine witnesses. According to Zander (1994), the adversarial system is not a hunt club for the truth. The inquisitorial system aim to be a search for the truth, in this system the judge is not neutral but will play critical authority in the presentation of the evidence at the trial. The Judge calls and examines the defendant and the witness. While the trial is in progress lawyers for the prosecution and defence can hardly lead complementary questions. The Royal citizens committee stated that It is important not to overstate the differences between the cardinal systems because all adversarial systems contain inquisitorial elements and vice versa (Runciman, 1993). The court was not interested in the truth it just had to decide whether punishment has been utilize beyond all rational doubt. Therefore, it is not surprising that confession evidence had priority and investigators relied on a confession within the investigation process. Certainly, investigators focused on a confession and to attain a confession used coercive methods, allowing the investigation team to move on to the near case. ill-advised confessions lead to anomalous convictions, thus police officers reproduced miscarriages of justice within their behaviour and interviewing tactics (Newburn, Williamson and Wright, 2007).False confessions lead to wild convictionsIn the UK and other countries, a number of miscarriages of justice provoke established that saturnine confessions occur and a large number of these are due to factors which exist within the interview context. Kassin and McNall (1991) analysed the tactics described by Inbau, Reid and Buckley (1986) which lead to bastard confessions and prime two categories maximisation, where interviewers use scare tactics to int imidate a suspect in put to be guilty and minimisation, where interviewers underrate the offence seriousness and charges. Three categories of false confessions were identified by Gudjonsson and MacKeith (1988) and expanded by Shepherd (1996). These categories are as followsVoluntary false confessionVoluntary false confessions occur when the interviewee falsely confesses for personal reason without pressure. Possible reasons that suspect give false confession are to exempt feelings of guilt about a real or imagined crime or situation in the past (this is most possible to happen for slew with depression, Gudjonsson, 1992). To pre-empt further investigation of a more serious offence to cover up the real culprit to gain notoriety- a deal to become infamous and to enhance ones self esteem an inability to distinguish reality from imagination(people with schizophrenia) to take a revenge on another and to hide other non criminal actions.Coerced-compliant false confessionCoerced-complian t false confessions arise when the interviewee agrees to make a confession in order to make some kind of gain. This category of false confession occur from social influence factor compliance. Compliance is a change in ones behaviour for contributory purposes, it is first found in Aschs (1956) primary studies of conformity and Milgrams (1974) research on obedience to billet. Interviewee sees the petty term advantages of confessing (being released) outweighing the long term costs ( such as prosecution and imprisonment). People, who are passable to compliance such as people with learning disabilities, may be oddly vulnerable to this type of false confession.Coerced-internalised false confessionThe last category is a coerced-internalised false confession in such cases suspects come to believe that they are guilty because they no longer trust their own memory of certain details. This type of false confession derives from a cognitive effect and refers to the internal acceptance of beli efs held by others. An interviewee who is anxious, tired and confused truly comes to believe he or she committed the crime. The suspects memory may be altered in interviewing process. This can be linked to the false memory syndrome.The memory distrust syndrome concerns interviewees who distrust their own memory and hence depend on external guide for information (in this particular situation -interviewer, Wolchover Heaton-Am rigid, 1996). This syndrome can be explained in two ways. The first relates to amnesia or memory damage. The interviewee has no clear memory and does not recall if he committed the crime or not. Also he or she does not remember what barely happened the time of the crime. This may be due to amnesia or alcohol induced memory problems. The turn way occurs when the interviewee is aware that he or she did not commit the crime and when the interviewer makes cases, manipulates the interviewee with suggestions. The suspect mistrusts his or her self and start thinki ng if he or she committed the crime. Ofshe (1989), stated that three common personality characteristics are situated on people who give this type of false confessions. They trust in people of authority, lack of self confidence and heightened suggestibility. Gudjonsson (1997) also argued, the false belief and false memories in cases of coerced- internalised false confession are most commonly developed as a result of manipulative interviewing techniques. Gudjonsson and Clark (1986) also introduced the theory of suggestibility which is a theoretical model of interrogative suggestibility and arises from a social cognitive viewpoint. It is argued, that most people would be susceptible to suggestions if the necessary conditions of uncertainty, interpersonal trust and heightened expectations are present. Implicit in such a model is the self-assertion that interrogative suggestibility is a distinct type of suggestibility. Gudjonsson also points out that suggestibility is, to a certain ext ent, influenced by situational factors and experience. IS is defined as the extent to which, within a closed social interaction, people come to accept messages communicated during semiformal questioning, as a result of which their subsequent behavioural response is touch (Gudjonsson and Clark, 1986). The IS is comprise two specialize susceptibilities to yield to leading questions, where yielding regards to the reliability of testimony and closely reflects memory processes and to shift the primary root in response to negative feedback, where shifting is related to coping process which are mainly affected by personality traits and experience (convicted in past, Gudjonsson, 1992).The literature on miscarriages of justice highlights the role of coercion in obtaining confessions and the problem with convictions based only or mainly on confessions. Using unfair means and tactics to secure a conviction is sometimes known as noble cause corruption. That is to say, so strong is the des ire to achieve a correct conviction that any means to that end are justified. The adversarial process combined with the pressure for a quick result creates noble cause corruption. Resounding examples are Guildford tetrad and Birmingham Six, which have been described in newspapers as the worst miscarriages of justice in England in the last century. The Guildford four took palce on 5 October 1974, in which members of the Irish Republican Army planted bombs in two public houses in Guildford, Surrey the Horse Groom and the Seven Stars. The attacks left five people killed and over 100 injured. Kennedy (1989) describes how Conlon, came to stigma his confession and what previously happened. Police officers were violent and immoral. As Conlon stated I was crying and frightened. Simmons verbalize if I didnt make a statement, he would ring Belfast first thing in the morning and I would never see my mother or sister again. The last of my resistance shattered when he said this. I was crying and shaking uncontrollably. I said my family hadnt done anything. I fell apart. Simmons said what happened to my family was up to me. I said I would make a statement like they wanted, but it wouldnt be true as I really didnt do it (Kennedy, 1989). The four men spent 15 years in prison before the case was overturned in 1989 afterwardsward a new police investigation had found serious flaws in the way Surrey police noted the confessions of the four that the notes taken were not create verbally up immediately and officers may have colluded in the wording of the statements (Gudjonsson, 2003). Another event happened as it was called The Birmingham Six, after one month when Guildford four took place, namely on 21 November 1974. Two public houses In Birmingham were bombed by the IRA in which 21 people were killed and more than 160 were injured. Six men were convicted for this crime and they were released after 16 years (in 1991) Scientists admitted in court that forensic tests which wer e originally said to confirm two of the 6 had been handling explosives could have produced the same results from handling cigarettes (Gudjonsson,2003). In Guildford four, the confessions that had been central of their conviction in 1975 were shown to be unreliable and in, sometimes fabricated. In the second case, Birmingham Six, the confession was discredited. Thomas Heron, who was on trial for the murder of a raw girl, was acquitted when the interviews, which led to his confession, were dismissed by the trial judge as oppressive. In this case interviews were recorded in compare of Guildford Four and Birmingham Six in which the interviews were not recorded.The Police Studies Institute Report found (1983) that the most widespread opinion about police interviewing and the most popular police misconduct is that police officers threatening and the use of unfair pressure. Around fifty percent of the respondents believed that police use threats and pressure at least(prenominal) sometim es but the more important is twenty five percent thought that it frequently happens and this was a usual behaviour of police officers. A de facto percentage of Londoners believed that other kinds of misconduct happened at least once in a while. Around ten percent of Londoners thought police officers fabricate evidence and use inexcusable violence on people were detained at police stations. The findings of this research showed the public perception which was negative and critical against police. . The majority of Londoners had serious doubt about police conduct. People did not trust police interviewing, it showed that there was a complete lack of confidence and reliability (Smith 1983 325). One third of boylike white people thought the police often used threats or unreasonable pressure during protective questioning while 62 per cent of young people of West Indian descent believed that they did so. Therefore, people were critical of police where they had a high degree of conduct wi th the police or they were subject to a high level of victimisation (Jones et al, 1986). The successful appeals of Guildford Four and Birmingham Six and the acquittal of Heron received widespread publicity and brought heavy criticism of the police and affected public opinion. A general public hatful found that 73 per cent of the participants believed that the police broke the rules to obtain convictions (Williamson, 1991). By 1993 police interviews were described as a grave concern (Shepherd 1993). These surveys provide a rich picture of the nature and quality of the family relationship between the citizen and the police in the past (Williamson, 2005).By the 1970s and 1980s in England and Wales it was clear that the authenticity of the criminal justice system was at stake. Something had to be done. This became the focus of policy making. Such were the concerns that the Royal Commission on Criminal Procedure (1981) was set up, in turn leading to the passing in 1984 of the Police an d Criminal Evidence Act (PACE) a key piece of legislation to monitor, amongst other things, the integrity of evidence production (Maguire, 2003) Through PACE (enacted 1986), police interviews with suspects were to be tape-recorded. This, it was hoped, meant the old regime of police investigations would be brought to an end and police interviews should be open to scrutiny (Lea, 2004). PACE suggested that investigation should separate from prosecution and should have an unconditional investigation service. Scientists with educational background should work in these laboratories and help the police to investigations and police officers had to be trained. every last(predicate) police manuals are based on experience rather than objective and scientific data. Experience is valuable to police work and its usefulness is illustrated by the effectiveness of the techniques recommended. However, relying solely upon experience in determining procedure may create serious pitfalls and fail to b ring to light important facts about human behaviour, such as the susceptibility of some suspects to give erroneous information when placed under interviewing pressure. What is needed is more research into the effectiveness and pitfalls of different interviewing techniques. Also they argued that forensic laboratories should be independent from police.Home Office visor 22/1992 provides the following seven principles of investigative interviewing 1. The role of investigative interviewing is to obtain accurate and reliable information from suspects, witnesses or victims in order to discover the truth about matters under police investigation.2. Investigative interviewing should be approached with an open mind. Information obtained from the person who is being interviewed should always be tested against what the interviewing officer already knows or what can reasonably be established.3. When questioning anyone a police officer must act middling in the circumstances of each individual ca se.4. The police interviewer is not bound to accept the first termination given. Questioning is not unfair merely because it is persistent.5. Even when the right to silence is exercised by a suspect the police still have a right to put questions.6. When conducting an interview, police officers are free to ask questions in order to establish the truth except for interviews with child victims of sexual or violent step which are to be used in criminal proceedings, they are not constrained by the rules applied to lawyers in court.7. Vulnerable people, whether victims, witnesses or suspects, must be treated with particular consideration at all times.Questioning also may be considered oppressive if the officer asksmultiple questions (i.e. several questions rolled into one) suspicious questions (i.e. where the potential answers have more than one meaning)irrelevant questions (i.e. questions which have no logical connection with the police enquiry)questions concerning other offenceshypoth etical questionsquestions based on dubious or non-existent evidencequestions concerning a co-suspect.(Home Office Circular 22/1992)The effectiveness of Pace is debatable, on the one hand McConville and colleagues suggested in 1991 that little of police interviews had changed especially in relation to interrogative suggestibility. Namely, the tape recording of interviews had not changed the power relations in the substantial interview process, principally the fact that Interrogation takes place in an environment which increases the vulnerability of the suspect and maximises the authority and control of the police (1991, p78). On the other hand, Ede and Shepherd (2000, p109) stated that tape recording of PACE interviews led to a sharp decline in forceful interviewing and revealed the widespread ineptitude of police officers in the interviewing role In the same concept Milne and Bull (2003) report experience officers views. Since the 1986 introduction of PACE regarding audio-taping in terviews with suspects, police interviews have become better planned, more structured, and the use of trickery and deceit has all but vanished (p121) .PACE appears to have markedly reduced the number of manipulative and persuasive techniques that police officers use when interrogating suspects, except perhaps in the most serious cases (Milne and Bull, 1999). Interestingly, there appears to have been no overall effects on the confession rate of suspects. The reason that police interviewing was still poor (Baldwin, 1992) was because of police role in the investigation of offences was still one of persuading suspects to confess rather than engaging in a process of inquiry, which was a search for the truth. The persistence on confession evidence also meant that witness and victims were often ignored, not seen as an important part of the investigation process, consequently were not interviewed methodically and so were not capable to present all the information they were skilled of givin g as evidence (Adler and Grey, 2010). Obviously, there was a need for a change of investigative interviewing to meet the ideals of the new legislation and to prevent challenges to the evidence achieved through questioning. This constituted in the establishment of a field committee on investigative interviewing that involved police officers, lawyers and psychologists. That result was the beginning of the PEACE interviewing model (Milne et al, 2007).