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Handbook of Psychology of Investigative Interviewing: Current Developments and Future Directions

Page 27

by Ray Bull, Tim Valentine, Dr Tom Williamson


  Wigmore , J. H. ( 1904 ; revised by J. H. Chadbourn , 1970 ). Evidence in trials at

  common law , Vol. 3A . Boston : Little, Brown & Co .

  Chapter Nine

  The Cognitive Interview: Research and

  Practice across the Lifespan

  Robyn E. Holliday

  University of Leicester

  Charles J. Brainerd

  Cornell University

  Valerie F. Reyna

  Cornell University

  and

  Joyce E. Humphries

  University of Leicester

  Introduction

  There has been a dramatic increase in research on witness testimony in the last

  25 years. Much of this research has been concerned with obtaining accurate

  testimony from vulnerable witnesses and victims of crime (Ceci

  & Bruck,

  1995 ; Brainerd & Reyna, 2005 ). This chapter will focus on vulnerable wit-

  nesses – children under the age of 16 years, adults aged 65 years and over,

  and children and adults with intellectual impairments. In such cases, it is crucial

  that these witnesses are interviewed as sensitively as possible so that the infor-

  mation that is reported is accurate and reliable.

  A number of factors determine the reliability of witness testimony. This

  chapter is concerned with one of those factors, investigative interviews. The

  manner in which a witness is interviewed is crucial for criminal investigations

  Handbook of Psychology of Investigative Interviewing: Current Developments and Future Directions

  Edited by Ray Bull, Tim Valentine and Tom Williamson

  © 2009 John Wiley & Sons, Ltd.

  138

  Handbook of Psychology of Investigative Interviewing

  and successful prosecutions. This chapter will focus on a set of forensic inter-

  viewing techniques which have been tested extensively, namely the original

  Cognitive Interview (CI) protocol (Geiselman, Fisher, Firstenberg, Hutton,

  Sullivan, Avetissian

  & Prosk, 1984) and its revision (Fisher

  & Geiselman,

  1992 ). First, we shall describe the original CI and the theoretical principles

  on which the CI techniques are grounded. This will be followed by empirical

  research presented chronologically, beginning with young children through to

  old age. We then consider the viability of CI techniques with learning disabled

  children and adults, and cognitively impaired older adults. We shall conclude

  with a discussion of the state of play in CI research and practice in the twenty -

  fi rst century – promising applications of CI research with suspects (Fisher &

  Perez, 2007 ; Fisher & Castano, 2008 ), and progress on the development of

  shortened Cognitive Interviews for use with children and older adults. CI

  research in which these vulnerable individuals have been used is presented in

  Table 9.2 .

  The Cognitive Interview

  Forensic interview protocols characteristically adhere to remarkably similar

  structures. For example, all typically adopt a phased (funnel) approach begin-

  ning with rapport - building, truth and lies testing, free recall requests followed

  by a questioning phase in which open - ended questions are followed by specifi c

  questions, and closure (Fisher & Schreiber, 2007 ). A number of interview

  protocols are available, such as the guidance documents for the UK

  (Memorandum of Good Practice, 1992 – MOGP; Achieving Best Evidence,

  2001 and, 2007 – ABE, both produced by the Home Offi ce) and the Canadian

  Stepwise protocol developed by Yuille, Hunter, Joffe & Zaparniuk (1993) .

  One of the best

  - known investigative interview protocols is the Cognitive

  Interview (CI). The CI is based on empirical research and principles from

  cognitive and social psychology (Fisher & Castano, 2008 ).

  The original CI was developed to improve adult (of any age) eyewitness

  testimony (Geiselman et al ., 1984 ). It has provided the impetus for much

  research (see Geiselman & Fisher, 1997 ; Fisher, Brennan & McCauley, 2002 ,

  for reviews). There are three fundamental psychological principles and sub -

  principles on which the CI protocol is based. A core principle is memory/

  general cognition, which can be broken down into fi ve sub - principles:

  (a) Limited cognitive processing resources (e.g., Baddeley,

  1986 ), that is,

  there is a fi nite amount of cognitive resources available to process infor-

  mation. If several cognitive tasks are attempted concurrently, it is likely

  that the quality and quantity of a witness ’ s narrative of an event will be

  affected negatively. Fisher et al. (2002) advise that interviewers record

  the interview and refrain from interrupting an interviewee during his or

  her recall narrative.

  The Cognitive Interview

  139

  (b) Witness compatible questioning – witnesses possess unique mental repre-

  sentations of their experiences; hence the interviewer must adapt ques-

  tions accordingly. In Holliday

  ’ s research (Holliday,

  2003a, 2003b

  ;

  Holliday & Albon, 2004 ), questions were entirely based on the informa-

  tion recalled by each child in his or her narrative recollection.

  (c) Context reinstatement – mental reconstruction of a witness ’ s physical,

  cognitive and emotional states of the to

  - be - remembered event will

  improve memory (i.e., encoding specifi city; Tulving & Thomson, 1973 ).

  (d) Multisensory coding – in addition to conceptual representations, witnessed

  events have sensory properties (Paivio, 1971 ) such as smell, sounds, visual

  details (Fisher et al ., 2002 ). An example of the implementation of (c)

  and (d) is taken from Holliday and colleagues ’ research (Holliday &

  Albon, 2004 ). Children were given these instructions: Close your eyes.

  Picture yourself back in the room where you watched the video. How were

  you feeling? What can you see in the room? What can you hear in the room?

  Who were you sitting next to (p. 269) ?

  (e) Varied retrieval – memories can be accessed and retrieved by a number

  of retrieval paths (Tulving, 1974 ; Anderson & Pichert, 1978 ). Varied

  retrieval reduces the likelihood that a witness will use prior knowledge

  and expectations to fi ll any gaps in their memory of the witnessed event.

  Varied retrieval is facilitated by the instruction to

  change perspective :

  Recall the event from the perspective of another participant or location

  in the same event: You said that Billy opened his presents. Now, I ’ d like

  you to be Billy. What did you do fi rst? (p. 269), and change order : Recall

  the event again in a different order (e.g., backwards), Now I want you to

  tell me about the very last thing you remember in Billy ’ s birthday video.

  What happened just before that? This prompt was repeated until a child

  could recall no further details or had reached the beginning of the to -

  be - remembered event.

  A second core principle of the CI is social dynamics . Forensic interviews,

  whether of co - operative witnesses or suspects, refl ect an imbalance of social

  status (e.g., a police offi cer and a child witness). Social dynamics comprises:

  (a) active witness participation – an interviewer
must emphasize to the inter-

  viewee that it is the interviewee who is the expert about what he or she has

  witnessed; hence the interviewee should actively control the interview (transfer

  of control), and (b) development of rapport – interviewers should spend time

  in the establishment of rapport (Fisher et al ., 2002 ).

  The third core principle of the CI is communication . The interviewer needs

  to extract from the witness specifi c details about their experience. Likewise,

  the interviewee must convey to the interviewer the specifi c details he or she

  witnessed. Communication is facilitated by

  promoting extensive, detailed

  responses (Fisher et al ., 2002 ). The report everything instruction – informing

  the witness that he or she should report all information regardless of whether

  he or she considers it relevant or not

  – promotes detailed responses. For

  140

  Handbook of Psychology of Investigative Interviewing

  example, I want you to tell me everything you can remember, every little detail

  you can remember (Holliday & Albon, 2004 ). Second, an interviewer should

  be mindful that some information that a witness wishes to relate might be

  non - verbal. In such instances, code - compatible output should be implemented.

  Fisher et al. (2002) give this example: ‘ if an event was experienced tactilely

  (e.g., brushing against a fabric) then the witness might respond in a similar

  tactile mode, by touching various fabrics ’ (p. 268).

  Empirical e valuation of CI p rotocols

  Numerous laboratory studies of the original and enhanced CI have been con-

  ducted in the USA, UK, Australia and Germany since the fi rst CI research was

  published in 1984 (Geiselman et al ., 1984 ). In an early test of the original CI,

  college students witnessed a staged argument in class and were interviewed

  two days later ( ibid .). Findings supported the prediction that students who

  were given instructions in the application of the four CI mnemonics whilst

  recollecting the witnessed event would recall more correct details than those

  in a control condition. No signifi cant increases were observed in the amount

  of incorrect or confabulated information reported.

  More than 100 studies have evaluated CI protocols since its inception

  (Fisher & Castano, 2008 ). There is no doubt that CIs improve witnesses ’

  correct recollections of events using a number of different populations such as

  those discussed in this chapter (children, elderly, learning - disabled), and in a

  number of languages (other than English) including German (K

  ö hnken,

  Schimossek, Aschermann

  & Hofer,

  1995 ), Portuguese (Stein

  & Memon,

  2006 ) and Spanish (Hern á ndez - Fernaud & Alonso - Quecuty, 1997 ; Campos

  & Alonso - Quecuty, 1999 ).

  Some early studies reported increases in incorrect and confabulated details

  along with the improved correct details. Indeed, almost 10 years ago, K ö hnken,

  Milne, Memon & Bull (1999) published a meta - analysis of 55 research studies

  in which recollections using CI protocols vs. control interviews were com-

  pared. The researchers reported that CIs tended to produce small but statisti-

  cally signifi cant increases in false information compared to control interviews.

  Given that the number of published studies has almost doubled since publica-

  tion of K

  ö hnken

  et al. ’ s paper a new meta

  - analysis would be timely (for

  reviews, see Geiselman & Fisher, 1997 ; Fisher et al ., 2002 ; Fisher & Schreiber,

  2007 ).

  Do the p ositive e ffects of a CI e xtend to

  c hild w itnesses?

  Researchers have reported mixed results as regards the effectiveness of the CI

  with children. In general, however, more correct details are remembered with

  The Cognitive Interview

  141

  CIs than with control interviews across early to late childhood (e.g. Geiselman

  & Padilla, 1988 ; Saywitz, Geiselman & Bornstein, 1992 ; McCauley & Fisher,

  1996 ; Granhag & Spjut, 2001 ; Milne & Bull, 2002; 2003 ; Akehurst, Milne

  & K

  ö hnken,

  2003 ; Holliday,

  2003a, 2003b

  ; Larsson, Granhag

  & Spjut,

  2003 ). In Holliday ’ s (2003a) study with 4 – 5 and 9 – 10 - year - old children, for

  example, more correct person, action and object details were reported in

  developmentally modifi ed CIs (MCI) (omitting the ‘ change perspective ’ ) than

  in MOGP interviews (Home Offi ce, 1992). In two later studies, Holliday

  (2003b) replicated these fi ndings with four

  - and eight

  - year - old children.

  Holliday (2003b) reported evidence of developmental differences in the type

  of details recollected with a MCI. The older children recalled more correct

  person, action, object and location details than the younger ones. Similarly,

  Milne & Bull (2003) reported that children aged eight and nine years recol-

  lected more correct person and action details in CIs (omitting CP) than in

  control interviews. On the other hand, Memon, Cronin, Eaves & Bull (1996)

  found no evidence that a full CI improved six and seven year olds ’ recollections

  of an eye examination. Likewise, Memon et al. reported no differences in

  children ’ s correct recall when each of the CI mnemonics was compared with

  a ‘ try harder ’ instruction.

  As noted in early evaluations of CI protocols with adult participants, some

  developmental researchers have reported increased incorrect and/or confabu-

  lated recollections, as well as increased correct recall, when evaluating CI

  techniques (McCauley & Fisher, 1995 ; Memon, Cronin et al ., 1996 ; Hayes

  & Delamothe, 1997 ; Memon, Wark, Bull & K ö hnken, 1997 ), although other

  researchers have reported no such effects (Milne

  & Bull,

  2002 ; Akehurst

  et al ., 2003 ; Holliday, 2003a; 2003b ; Holliday & Albon, 2004 ). In the next

  section, we discuss some exciting new developments in misinformation research

  and the CI.

  Can CI p rotocols r educe c hildren ’ s s uggestibility?

  Holliday and her colleagues raised this important question in the fi rst of four

  studies with children ( 2003a, 2003b ; Holliday & Albon, 2004 ). Given that

  children under six years of age are disproportionately affected by misinforma-

  tion, it is important to determine whether interview protocols such as the CI

  can reduce the negative effects of misinformation on child witnesses. Ceci &

  Bruck (1993) argued that children ’ s recollections of witnessed events can be

  affected by a number of cognitive (e.g., memory, attention) and social (e.g.,

  compliance, demand) factors. Many laboratory studies have reported that

  children ’ s memories are negatively impacted by misinformation, with very

  young children (aged three and four years) disproportionately affected (see

  Bruck & Ceci, 1999 , for a review). Much of this evidence has been collected

  using

  ‘ standard ’ and

  ‘ modifi ed ’ forced

  - choice (e.g., Ceci, Ross

  & Toglia,

  142

  Hand
book of Psychology of Investigative Interviewing

  1987 ; Holliday, Douglas & Hayes, 1999 , Holliday & Hayes, 2001 ; Zaragoza,

  1991 ) or yes/no recognition memory tests (e.g., Holliday & Hayes, 2000 ;

  for reviews see Holliday, Reyna & Hayes, 2002 ; Reyna, Holliday & Marche,

  2002 ).

  A small number of laboratory studies have examined whether CI instruc-

  tions minimize the impact of misleading questions on school - aged child wit-

  nesses. For example, in Memon et al . ’ s (1996) study, eight - and nine - year - old

  children watched a short fi lm. They returned 12 days later and were asked

  misleading and neutral questions either before or following an interview

  in which the

  context reinstatement and

  report everything instructions were

  used as memory prompts. Memon et al. reported, as they had hypothesized,

  no effect of interview type on responses to the pre

  - interview questions.

  For those children who were questioned post

  - interview, however, those

  given (prior) CI instructions gave more correct responses to misleading ques-

  tions than those given a control interview (see also Milne & Bull, 2003 ).

  Hayes & Delamothe (1997) reported that the c ontext reinstatement and report

  everything instructions had no effect on suggestibility in six and ten year olds

  when the misleading suggestions were presented before the CI instructions.

  Holliday (2003a) found that whilst a CI increased fi ve and ten year olds ’

  correct recall in comparison with a control interview, no evidence was found

  that the suggestibility effects obtained on forced - choice memory tests given

  after a CI were infl uenced by interview type. Clearly, one of the keys to these

  disparate results could be the timings of the misinformation and of the

  interview.

  This point was taken up by Holliday (2003b) in two studies with fi ve - and

  eight - year - old children. The two studies were identical, with the exception

  that the timings of the misinformation presentation and interview. In the fi rst

  study, children were misled after interview; in the second study they were

  misled before interview. The results were straightforward: reporting of misin-

  formation during interviews and on subsequent memory tests was reduced if

  the children were interviewed with a developmentally modifi ed CI (omitted

  CP) before they were given a memory test. Holliday & Albon (2004) repli-

 

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