Forensic Hypnosis and Cognitive Interviewing

1. Forensic Hypnosis and Cognitive Interviewing Chapter 5 5-1

2. Hypnosis vs. Cognitive Interviewing • Share the same goal • To increase information remembered • Neither have been recommended for interrogation • Both require a willing interviewee

3. Forensic Hypnosis • An investigative memory retrieval technique used to enhance recall in legally relevant situations

4. 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

5. 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

6. 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

7. Phases of Forensic Hypnosis • Induction • Narrative • Closure • Recall

8. Induction • The hypnotist relaxes the suspect and tests responsivity to suggestion

9. Narrative • The subject is asked to describe the event

10. Closure • Subject instruction and closing end the session

11. Recall • After the hypnotic session the subject is asked to recall all memories of the crime since the memory enhancement

12. Challenges to Hypnotic Memory Retrieval • Confabulation • Faking • Memory hardening and suggestibility

13. Confabulation • Is a filling in of the memory gaps • Is a fantasy that has unconsciously replaced fact in memory • May be based partially on fact • May be complete construction of imagination

14. Faking • Hypnosis can be faked

15. Memory Hardening and Suggestibility • Gives the subject increased confidence in things remembered during hypnosis, whether true or false • Suggestions can become permanent

16. Challenges to Hypnosis • In 1985, the American Medical Association recommended the use of hypnosis be limited to the investigative processes and results not be used as evidence in court. • Texas and Nevada law specifically allows hypnotically refreshed recall for use in criminal and civil cases

17. Challenges to Cognitive Interviewing • A court hearing on the use of Cognitive Interviewing (in a double murder case) concluded it was a reliable investigative tool and its use in court was upheld (People v. Tuggle, 1995).

18. Cognitive Method • Cognitive interviewing was devised as a police interview technique by Edward Geiselman and Ronald P. Fisher as an alternative to hypnosis

19. What is the Cognitive Technique? • Both specific and general memory jogging guidance techniques were identified and combined to form the cognitive interview technique

20. Memory and Communication • To be a successful interview both must occur: • Details of the crime must be brought into consciousness • Then it must be communicated to the investigator

21. The Foundation of the CI Interview • Use of four mnemonics that make up the cognitive interviewing process

22. The Four Mnemonics • Mentally reconstruct the context of the event • Report every detail, regardless of apparent importance • Recall the events in a variety of orders, moving back and forward in time • Change perspectives and recall from different points of view

23. Mnemonics • Mnemonics are methods for remembering information that is otherwise difficult to recall, a memory tool

24. Recall • The basic principle of recall through mnemonics requires the use of imagination, association, and location

25. Imagination • Imagery helps an individual to remember how he or she felt at the time and their reaction to the incident

26. Association • This is the method by which you link a thing to be remembered to a way of remembering it

27. How to Use Association • Placing things on top of each other • Wrapping them around each other • Crashing things together • Rotating them around each other or having them dancing together • Linking them using the same color, smell, shape, or feeling

28. Location • Involves thinking about the room where the incident occurred, the location of furniture, vehicles, weather, lighting, any nearby people, objects, or smells

29. Cognitive Interview Instruction • The researcher asks the questions in the standardized way, but also asks the respondents to think aloud, highlight problems, express their opinion, make judgments on the questions, etc.

30. Let the Interviewee do the Talking! • Example: “You are the only person who saw the crime. I didn’t see it, so I am depending on you to tell me what happened. Now, try to tell me everything you can about what happened.”

31. Open-Ended • Encourage the witness to participate actively through the use of open ended questions. • Please tell me what happened to you • Would you tell me everything that you know about • Please tell me everything that you did this past Saturday

32. Questions? • Do not interrupt to ask a question, wait until the witness has stopped talking • Let the witness be the focus of the interview

33. Reconstructing • Time • Year, month, day, time of day • Place • Location, surroundings, where were you in relation to houses, cars, furniture, equipment of any kind

34. Reconstructing • Sensory cues • Visual images, sounds, odors, tastes, skin sensations, weather, lighting • People • Physical appearances; remind you of anyone? why? clothing; behavior; anything unusual

35. Reconstructing • Conversation • What was said by whom; what particular words, phrases; numbers, high-low- odd-even; names, first—letter name, speech characteristics, high or low voice • Thoughts • What statements were you making in your own head (why me, I am going to die, will I live?)

36. Reconstructing • Mood • Recall and reinstate feelings and mood as closely as possible to the actual event

37. Reconstruction Technique • Prior to asking for the narration, recreate the circumstances associated with the event • Look for their state of mind just prior to the event and the physical environment surrounding the event

38. Reconstruction Technique • You might ask the witness to describe why she was going to the bank and what were her general plans for the day • What was the weather, time of day, lighting, nearby people, etc.

39. Report Everything Technique • The interviewer explains that some people hold back information because they don’t know what is important • Give the interviewee permission to recount everything

40. Recall in a Different Order — Chunking • Think of the event in 3-5 sections and relate them in a different order • Start from the middle and work forward or backwards

41. Recall in a Different Order • Start at the end and work back • Start with what is most important to you, then go forward or backward

42. Changing the Perspective • Instruct the witness to recall the incident from the perspective of others who were present • Try to put himself or herself in the role of someone else and think about what he or she must have seen

43. Additional Memory Jogging Techniques • Physical appearance • Names • Numbers • Speech characteristics • Conversation

44. Physical Appearance • Did the suspect remind you of anyone? • If you were reminded of someone, try to think of why. • Was there anything unusual about the suspect’s clothing? • Was there anything unusual about the suspect’s appearance?

45. Names • If you think that a name was spoken but you cannot remember what it was, try to think of the first letter of the name by going through the alphabet • Then try to think of the number of syllables

46. Numbers • Was a number involved? • Was it high or low? • How many digits were in the number? • Were there any letters in the sequence?

47. Speech Characteristics • Did the voice remind you of someone else’s voice? • If you were reminded of someone, try to think of why. • Was there anything unusual about the voice?

48. Conversation • Think about your reactions to what was said and the reactions of others • Were there any unusual words or phrases used?

49. Active Listening • Show acceptance, do not criticize or admonish • Concentrate • Be patient • Encourage: Go on. Okay. Aha. • Look at your witness, detach your emotions

50. Non-Verbal Active Listening • Nod, look curious, smile, vary eye contact, lean forward slightly, shift as they do, keep arms open and palms extended • Positive silence • Control your emotions