Nathan J Gordon, William L Fleisher

by Effective Interviewing

  reflexive responses of the body to the underlying psychological state and/or the particular

  FIGURE 9.2 Adaptor.

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  9. NONVERBAL BEHAVIORAL ASSESSMENT

  communication. Because, in general, they are less consciously monitored, they provide

  greater access to the truthfulness of the speaker.

  Nonverbal behavior physically undermines attempts of verbal deception. There are

  both physiological and psychological processes at the foundation of this category of

  behavior to explain this. Nonverbal behavior consists of a body of natural, subconscious,

  and instinctual responses to certain stimuli [5]. These responses support the overall theme of the subconscious – to protect the individual from any mental or physical distress or

  harm.

  Studies of children who have been blind since birth show that they exhibit the same

  basic nonverbal behaviors to stimuli as sighted people, proving the innate quality of

  such behavior. A University of Chicago study [6] asked twelve sighted and twelve blind-

  from-birth children to determine how much water was in a glass. When both groups

  were asked how they determined their answer, both used similar gesticulations. The

  researcher concluded, “The fact that someone who had never seen gestures before would

  gesture, and sighted children would gesture to a partner they know can’t see, suggests

  that gesturing and speaking are tightly connected in some very fundamental way in our

  brains.”

  Professor Stuart Campbell, at the Create Health Center for Reproduction and Advanced

  Technology, pioneered a new scanning technique to view the fetus [7]. To his surprise,

  images clearly showed the fetus yawning, blinking, sucking its fingers, and what seemed

  to be crying and smiling. This clearly shows that facial expressions are not solely environ-

  mentally learned.

  A Jordanian study [8] demonstrated that lies can be detected by nonverbal cues in

  Jordanians and Malaysians. They reported that discrimination between lies and truths

  was clear, but was more accurate for truthful participants than for deceptive ones.

  Although there appears to be clear evidence that nonverbal behaviors are innate, cultural

  nonverbal behaviors also exist, demonstrating that some gesticulations are also influenced

  by the learning process.

  Charles Darwin observed and reported:

  Some actions ordinarily associated through habit with certain states of mind may be partially repressed

  through the will, and in such cases the muscles, which is least under separate control of the will, are the

  most liable to act, causing movements that we recognize as expressive. In certain other cases the checking

  of one habitual movement requires other slight movements and these are similarly expressive [9].

  Darwin observed that fear causes freezing and breathless behavior, accompanied by a

  violent heartbeat, dilated pupils, catching of the throat, cold sweat, erect hair, yawning,

  dry mouth, rigid muscles, protruding eyeballs, and trembling [9].

  Freud is quoted as stating, “He that has no eyes to see, and ears to hear, may convince

  himself that no mortal can keep a secret. If his lips are silent, he chatters with his fingertips;

  betrayal oozes out of him from every pore” [4].

  What both scientists noted is that there is a large range of physical reaction that is instinc-

  tual or so deeply implanted by the culture that it is outside the range of conscious control.

  Those responses, despite attempts at concealment or disguise, provide clues to the truth

  and undermine the attempt at verbal deception. In literature, the description of this cate-

  gory of nonverbal or body language is commonplace. Arthur Conan Doyle, medical doctor

  9. NONVERBAL BEHAVIORAL ASSESSMENT

  109

  and the author of books about Sherlock Holmes, frequently used nonverbal behavior as a

  major plot device, a major source from which Holmes made his deductions. In “A Study

  in Scarlet,” Dr. Watson’s review of a Sherlock Holmes article is as follows:

  The writer claimed by a momentary expression, a twitch of a muscle or a glance of an eye to fathom a

  man’s most innermost thoughts. Deceit, according to him, was an impossibility in the case of one trained

  in observation and analysis.

  These physiological changes can be understood by examining the body’s reaction to fear.

  When the brain perceives a threat, it prepares the body to survive it by enervation of the

  sympathetic nervous system. Sympathetic arousal, also commonly known as the emer-

  gency, or “fight or flight” system, through neural and chemical (adrenaline) stimulation

  causes many physiological changes in the body.

  David B. Givens, of the Center for Nonverbal Studies, believes many of these nonverbal

  behaviors are actually a psychological attempt to escape the threat: “Apparently trivial self-

  touch gestures help us calm our nerves. Physical contact with a body part stimulates tactile

  nerve endings and refocuses our orienting attention inward, away from the stressful events

  out there [10].” (See Figure 9.3.)

  In attempting to utilize these recognized changes to assess a suspect’s nonverbal behav-

  ior, the interviewer can divide the body into four separate areas that respond separately,

  and sometimes differentially:

  • General posture

  • The head and face

  FIGURE 9.3 Touching the throat may be a way to cause tactile

  stimulation and take the suspect’s focus away from the interviewer.

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  9. NONVERBAL BEHAVIORAL ASSESSMENT

  • The arms and hands

  • The legs and feet

  All four of these areas address the issue of truthfulness by providing illustrators and

  adaptors to observe and assess.

  GENERAL POSTURE

  The first thing the FAINT interviewer will score is Posture/Demeanor. After completion

  of “Personal and Medical Data,” a “þ1” will be given if posture and demeanor of the inter-

  viewee is consistent with truthful behavior, a “0” is given if a difference cannot be dis-

  cerned, and a “1” is given if the observed behavior is considered deceptive (Figure 9.4).

  A study by James [11] in 1932 identified four basic postures:

  1. Forward lean indicates attentiveness

  2. Backward lean or turning away indicates refusal or negativity

  3. Chest expansion indicates pride, conceit, or arrogance

  4. Exaggerated forward lean with head and shoulders down indicates dejection or

  depression

  Research by Albert Mehrabian [12] in 1974 was consistent with James’s findings, reaf-

  firming that a forward body lean indicated friendliness, whereas a backward lean was

  A

  B

  FIGURE 9.4 (A) Truthful posture. (B) Deceptive posture.

  GENERAL POSTURE

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  negative. Additionally, his earlier research (1969) supported the belief that body alignment

  indicated feelings of liking, whereas misalignment indicated disliking or disagreement.

  Similarly, FAINT maintains that truthful people will usually use body position as an

  illustrator and have an open, settled, upright position. Often they will lean slightly forward,

  indicating interest in what is being said. Shoulders tend to remain squared, and their body

  is aligned with the interviewer’s [4].

  FAINT main
tains that deceptive people will often show closed and defensive positions,

  such as crossed arms or legs. They may lean back and/or stretch out their legs, to percep-

  tually increase the distance between the interviewer and themselves (Figure 9.5). Many

  times they assume a position of defeat, with their shoulders forward and their chin on their

  chest [4].

  Another postural gesture is a sudden shoulder shrug, universally recognized as a sign of

  uncertainty and submissiveness in children’s behavior [13]. Early works in nonverbal

  behavior, such as the writings of Darwin, considered the shoulder shrug. He writes: “When

  a man wishes to show that he cannot do something, or prevent something being done, he

  often raises with a quick movement both shoulders [9].” During the FAINT interview, when an interviewee shrugs his shoulders before answering, it is assumed that the nonverbal

  response cancels his verbal response, because nonverbally he is telling us that he does

  FIGURE 9.5 Stretching out legs perceptually makes the inter

  viewer look farther away.

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  9. NONVERBAL BEHAVIORAL ASSESSMENT

  not know the answer. For example, if when asked, “How do you feel about being inter-

  viewed?” an interviewee shrugs before giving an assumed truthful response, such as

  “Fine,” the positive verbal answer would be negated, and they would receive a score of “0.”

  If an interviewee’s posture appears to be frozen, it may be indicative of fear. This is an

  interesting phenomenon, because we would expect our body’s response to fear to prepare

  us to fight or run. When we consider that there is virtually no animal predator of the human

  species that humans can outrun, or outfight without a weapon, freezing may be the best

  option for survival. Cleve Backster, a world-renowned polygraphist and innovator, lectured

  about a third possible body response to fear classified as “freezing,” or what he referred to

  as “holding and hoping [14].” Several other researchers [15] have also shown that “freezing” is in fact a third option for survival. This may be due to excessive muscle tension

  caused by the threat, or a reaction caused by the amygdala’s fear center.

  Interestingly, poker players also show changes in their posture based on their attitude

  and hand strength. A player’s shoulders may suddenly slump when he is not confident

  (weak hand). Conversely, you may notice the player is very attentive and sitting in an erect

  position when he has a strong hand [16].

  Many of the items previously mentioned as being of interest to Reid and Arther also fit

  into this category. We expect a truthful interviewee to be somewhat friendly, cooperative,

  and remain settled in his seated body and foot positions. The deceptive interviewee will often

  have an uncooperative attitude, or appear overly friendly. He may also appear detached or

  distant.

  FIGURE 9.6 Hostile gesture.

  GENERAL POSTURE

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  As the many specific explanations for nonverbal behaviors observed are considered, the

  interviewer should be alert only to timely changes from the suspect’s “norm.” Proper

  timing for observation and assessment of these nonverbal areas starts when the interviewer

  begins to ask the question, and ends a few seconds after the suspect has answered. During

  the FAINT interview, nonverbal behaviors classified as adaptors, or indicative of deceptive

  behavior, will negate a verbal answer that would have been assessed as truthful (þ1),

  resulting in an assessment score of “0.”

  One must realize that for the deceptive suspect, the pressure of the interview creates an

  unsolvable problem and conflict. Because of sympathetic arousal, the body is prepared for

  fight or flight, but the suspect cannot do either. She must sit there as the interviewer ques-

  tions her, while this involuntary surge of energy takes place. To dissipate some of this ner-

  vous energy and to sublimate the problem, she may engage in displacement activities

  (Figure 9.7). All of these species’ specific behaviors** may be indicative of deception [4]

  and include:

  FIGURE 9.7 Displacement activity.

  **Displacement activity varies from species to species and is specific: that is, a male elk defending his

  territory is compelled to stand and fight an interloper. The buck does not want to get injured or killed, but he cannot run away

  sometimes a totally unrelated activity, such as scratching the ground with his hoof,

  emerges to dissipate the conflict. An ostrich faced with the situation may stereotypically place its head in the sand.

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  9. NONVERBAL BEHAVIORAL ASSESSMENT

  • Finger and foot tapping

  • Restless body movements

  • Playing with objects

  • Swinging of legs

  • Pulling up socks

  • Smoothing out clothes

  • Picking imaginary lint from clothing

  • Studying the fingernails

  HEAD AND FACE

  Observation of the head and face begins with head positions [4]. Tilting the head to the side is an illustrator that suggests cooperation, interest, and belief in what is being said.

  A slight head tilt is therefore indicative of truthfulness and demonstrates the suspect’s

  desire to gain rapport. Turning one’s ear toward the person who is speaking furthers the

  interviewee’s ability to hear what is being said, a sign of a truthful person. This is totally

  opposite to the intent of a deceptive person, who tries to block sensory input by covering

  the ears as not to hear the threatening questions. We have all observed the child who covers

  both ears and makes noises so as not to hear his parents’ admonitions.

  As the interviewer talks, nodding the head up and down indicates agreement by the

  interviewee, and nodding from side to side indicates disagreement. Anthropologist Des-

  mond Morris, in Body Watching [17], asserts that this behavior goes back to birth. Trying to put something unwanted into the baby’s mouth results in resistance by the baby moving

  his head side to side: the “no” gesture. When being held by the mother, if hungry, the baby

  raises his head up and down to find the nipple: the “yes” gesture.

  Mehrabian’s research supports that affirmative head nods are more likely in truthful sus-

  pects, finding that lower rates of head nodding are clearly correlated to deceptive commu-

  nication [18].

  When the interviewee’s jaw is jutted forward, it indicates hostility or aggression, and if it

  is on his chest, it indicates defeat or depression (Figure 9.8) [4].

  The face is the most common part of the body to observe; however, it is also the most dif-

  ficult to interpret. It has a very complex muscular structure and can show more than one

  emotion at a time.

  It is important to analyze the face as a complex structure and isolate the individual

  expressive elements to check for consistency among them. When both eyebrows are raised,

  with the mouth partially open, it usually suggests surprise. One eyebrow raised indicates

  confusion or skepticism. If the eyebrows are squeezed together and lowered, it suggests

  anger, worry, and/or confusion (Figure 9.9).

  People are aware that their facial expressions are easy to observe, and they tend to guard

  them. Facial expressions also occur at high speeds. Attempts at masking or hiding bona fide

  facial expre
ssions may be detected when they are held too long, occur too frequently, and

  the expression is inappropriate for the matter being discussed. An exaggerated smile is

  one of the most common facial masks used in an attempt to hide fear. The difference

  between genuine, spontaneous reactions and masking behavior can often be detected

  HEAD AND FACE

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  A

  B

  FIGURE 9.8 (A) If the jaw is jutted forward, not tilted, it indicates anger or aggression. (B) If the chin is on the chest, it indicates defeat, depression, and/or boredom.

  because the latter does not affect the eyebrows, which normally are involved in a genuine

  expression (Figure 9.10). Other common attempts used by suspects to mask include appear-

  ing to be surprised, angry, or disgusted [4].

  Eyes

  The eyes are said to be the windows of the soul. They provide an excellent source of non-

  verbal feedback. Sudden breaks in eye contact (Figure 9.11) or exaggerated eye contact are highly predicative of deception when occurring consistently and specifically to the relevant

  questions. For many years the authors lectured for the University of Delaware on interview-

  ing techniques in the format of a 3-day seminar for law enforcement and intelligence per-

  sonnel. On the third day of the seminar, the authors would bring in a convicted felon

  soon to be released on probation to be interviewed in front of the class concerning the expe-

  rience of being interviewed and interrogated by police. One of the things the authors would

  ask them is what they thought a police officer looked for during the interview to determine

  if they were lying. Almost all of them responded, “If I had poor eye contact.” With this pre-

  conception of how police determined they were lying, these criminals would attempt to

  appear to look truthful by never breaking eye contact!

  Many professional card players, understanding eye behavior may give away their emo-

  tions (known as “tell signs”), will attempt to hide their eyes by wearing sunglasses or hats

  with visors. For example, many players can’t help but stare at big hole cards, so their length

  of time peeking is longer. Conversely, if a player is looking to steal the pot, he may look to

  his left to see if the remaining players, who haven’t yet acted, have quickly glanced at their