Nathan J Gordon, William L Fleisher
Page 19
The attorney is using nonverbal behavior to inform the members of the jury that he is supe-
rior to them and is being truthful.
ARMS AND HANDS
125
A
B
FIGURE 9.19 (A) Pointing away versus (B) touching self.
A
B
FIGURE 9.20 (A) Elbows tense and (B) elbows open.
Hands clasped together may indicate that the suspect feels a loss of control and
employs a nonverbal gesture to try to “keep it together” (Figure 9.23). The authors have seen deceptive suspects who clasp their hands together in this manner and, as they communicate, attempt to use their hands as illustrators; however, their hands appear glued
together.
126
9. NONVERBAL BEHAVIORAL ASSESSMENT
FIGURE 9.21 Neck rub.
FIGURE 9.22 Steepling.
FIGURE 9.23 Clasped hands.
FEET AND LEGS
127
FEET AND LEGS
The feet and legs are the least self-monitored areas of the body. They are also the slowest
moving of the observable areas of nonverbal behavior. Unfortunately, they are limited in
the movements they can generate.
Unsettled foot and leg positions are signs of stress and, as previously stated, are indicative
of displacement activity [4]. When the legs are in a flight position, especially when pointed to the exit, it is a sign of the suspect’s desire to escape (Figure 9.24). As previously stated, outstretched legs are an attempt to make the interviewer perceptually appear further away.
People will often rock back and forth, tap, swing their legs, or chew gum in rhythm with
their heart rate, which is normally approximately seventy-two beats per minute. Mainte-
nance of this rhythm lends security, whereas stress destroys it. In effect, when the heart rate
increases as a result of sympathetic arousal, the interviewer can often observe a sudden
corresponding reflexive speed-up in the rhythm of the suspect’s gestures [4].
GROOMING BEHAVIORS
Grooming and courting gestures are due to the arousal of sexual attraction; however, in
the investigative setting there is no reason for these behaviors. They may, however, be used
FIGURE 9.24 Feet in “runner’s position” or crossed and pulled
under the chair may be signs of stress.
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9. NONVERBAL BEHAVIORAL ASSESSMENT
FIGURE 9.25 (A) Female grooming: curling hair. (B) Male grooming: fixing hair.
by the suspect in an attempt at self-comfort, or to bias the interviewer in his or her favor
(Figure 9.25). Therefore, women using these gestures, such as making curls with their hair, stroking their hair, or playing with their lips, in this environment are exhibiting deceptive
behavior. Grooming behaviors for men include fixing their hair, straightening their tie,
and hands on hips [4].
THINKING GESTURES
Thinking gestures include rubbing the chin, taking off one’s glasses and putting them in
the mouth, looking up and to the left, and repeating a question to buy time (Figure 9.26).
Thinking gestures must be assessed in context with the question asked. For example, if
a suspect was asked, “What were the last three movies you went to see?” or “Who do
you suspect may have done this?” there can be an understandable need for a thinking
gesture. However, if the question asked was, “Last night, did you shoot John?” a thinking
gesture would obviously be a sign of deception, because there shouldn’t be a need for
thought.
INVOLUNTARY BIOLOGICAL SIGNS
129
A
B
FIGURE 9.26 (A,B) Thinking gestures.
INVOLUNTARY BIOLOGICAL SIGNS
If the interview becomes stressful, the suspect may enter the fight/flight state. When that
happens, there is a need for more oxygen as the body attempts to gear up for the emer-
gency. This is sometimes indicated by an audible sigh, or a yawn.
Yawning also serves as a warning of possible aggressive behavior. Think about going to
the zoo and looking at a lion, or other big cat. Chances are it yawned, showing its teeth and
readiness to fight, making a nonverbal threat.
Facial color may also be very important in detecting stress or fear. When a suspect is
blushing, it is usually due to a sudden change in blood levels in the subcutaneous capil-
laries of the face. The sudden increase in blood pressure forces fresh blood into capillaries
near the surface of the skin. It can also be caused by the sudden rush of blood into the skin
after the peripheral blood vessels in the face dilate during parasympathetic relief. White-
ness in the face is caused by vasoconstriction of facial arterioles. This symptom is indicative
of fight/flight enervation.
A suspect with a “white” face is more dangerous than a suspect exhibiting a “red” face.
Usually, the one with the white face is at the height of sympathetic arousal, whereas a red
face indicates the suspect has passed out of this state and entered a state of relief. Remem-
ber, white with rage, red with anger, and pale with fear.
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9. NONVERBAL BEHAVIORAL ASSESSMENT
Because of an increase of blood flow to the brain during sympathetic arousal, the
carotid artery in the neck can be observed pulsating in extreme cases of stress. Investigators
have reported that the right artery is more visible under stress than the left, probably
because of its closer proximity to the aorta, the largest artery in the greater circulatory
system.
In addition, other involuntary signs that indicate the disturbance of the biological norm
may become evident. Stomach noises, belching, and passing of gas caused by the shutting
down of the digestive processes all suggest “fight or flight” nervousness and possible
deception. Occasionally the suspect will break into a “cold sweat” due to a lowering of skin
temperature caused by the fight/flight mechanism.
PARALINGUISTIC BEHAVIORS
Paralinguistic behaviors, the manner in which one speaks to communicate particular
meanings, such as pitch and speed changes, may also assist us in the assessment of truth.
Truth flows from the tongue and is very easy to display. Cognitively, a lie requires much
more mental activity: “Should I lie?” “What should I say?” “Will it contradict something I
already said?” “Will it be something they can investigate and discover was untruthful?”
“What will happen if I am caught lying?” Therefore, a suspect who suddenly displays
response latency may be attempting deception. As previously discussed under “thinking
gestures,” the suspect may attempt to “buy time” and hide his latency by asking the inter-
viewer to repeat the question, or by repeating the question himself. Other paralinguistic
behaviors generally associated with deception are stumbling over words and higher vocal
pitch during emotional arousal [28]. Any of these behaviors will also negate a positive verbal response and result in a score of “0.”
NEUROLINGUISTICS
Neurolinguistics, the relation between language and the structure and function of the
nervous system, is a relatively new field in psychology, which may give the interviewer
two additional advantages [4]. Neurolinguistic factors explain the probable link between eye movement and the brain’s language processing mechanisms. This explanation distinguishes among the i
dea and information processing modes through which we function
and suggests that each of us has preferences in the way in which we process information.
The three primary modes of processing information are:
• Visual
• Auditory
• Kinesthetic
NEUROLINGUISTICS
131
For example, when a person attempts to discern a faint sound, he generally looks toward
the ear closest to the sound. After engaging in this movement a few hundred thousand
times, over many years of development, the individual’s brain becomes “hard-wired,”
or programmed, to reflexively look toward his ear when trying to hear or remember a
sound. The same thing occurs with vision and kinesics. A person will survey a picture
by moving his eyes up and across the picture to register its composition, colors, and
size. Again, once the individual does this a few hundred thousand times, it too becomes
programmed into the individual’s psychomotor pathways. Kinesis thinkers are pro-
grammed by looking down to their abdomens when the butterflies of nervousness and
fear are present.
Though everyone does process in all three modes, each person has a preferred mode.
Careful observation can provide information about someone’s preferred mode of proces-
sing and can simplify the process of gaining rapport with the suspect, by enabling the
interviewer to frame comments and questions in that mode. The corollary feature is
that eye movement during communication becomes another illustrator/adaptor to be
observed [29].
To ascertain the suspect’s neurolinguistic frame, the interviewer must observe eye
movement. In the visual processing mode, the eyes are looking up to the right or left.
In the auditory processing mode, the eyes are horizontally looking right or left. In the kin-
esthetic processing mode, the eyes look down, as stimuli are generated within the body
itself.
The interviewer can identify the suspect’s dominant mode by observing eye movements
and determining whether they fit the category of visual, auditory, or kinesthetic. An inter-
viewer can also listen carefully and identify a person’s mode of preference by the suspect’s
language. An interviewee who asks, “Can’t you see what I mean?” is linguistically signaling
that she prefers the visual mode. That allows the interviewer to adapt to the perceptual
mode by wording questions and responses more effectively: “I see what you’re saying”;
“Do you see my point?” If the suspect prefers the auditory mode, the interviewer might
say, “Listen to what I’m saying!” “Hear the case facts that show you are involved!” If the
interviewee’s eye movement suggests a kinesthetic processing mode, the interviewer could
say, “I think you feel bad about what happened. Can you get a handle on what happened?
I want your sense of the events.”
Another advantage in identifying the suspect’s neurolinguistic mode is to confirm that
there is agreement between the processing mode and the mode applicable to the question.
If mode expectation and mode demonstration, which is that which is anticipated and what
is actually observed, are not in agreement, then something is wrong, and the interviewer
should be alert [29].
Eyes to the right in the visual or auditory mode indicates that the suspect is “construct-
ing,” and eyes to the left indicate he or she is using “recall” [29]. Thus, if the interviewer asks a question that requires visual recall (eyes up and to the left), and the suspect enters
a construction mode (eyes up and to the right) instead, there is a good chance that he is
either editing information or fabricating his answer.
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9. NONVERBAL BEHAVIORAL ASSESSMENT
Neurolinguistic Eye Cues
Eye cues not indicative of memory (Figures 9.27A through 9.27E):
Visual Constructed: eyes up and to the speaker’s right indicates that she is creating or adding
information to something she is attempting to visualize.
FIGURE 9.27 (A I) Neurolinguistic eye cues.
Hail Mary: eyes looking straight up indicates someone seeking divine help. This eye position-
ing is not consistent with memory.
FIGURE 9.27 Cont’d
Auditory Constructed: eyes to the speaker’s right indicates she is in an auditory mode;
however, she is creating or adding information to something she has not heard.
NEUROLINGUISTICS
133
FIGURE 9.27 Cont’d
Kinesthetic: Speaker’s eyes down and to her right are indicative of someone experiencing body
sensations. It is not indicative of recall, but of someone experiencing emotions. During an interro-
gation, it may indicate the person is close to confessing.
FIGURE 9.27 Cont’d
A person’s eyes focused straight down are indicative that she cannot recall information.
FIGURE 9.27 Cont’d
134
9. NONVERBAL BEHAVIORAL ASSESSMENT
Eye cues indicative of memory (Figures 9.27F through 9.27I):
Visual Remembered: eyes up and to the speaker’s left indicates that she is looking for a picture
already seen.
FIGURE 9.27 Cont’d
Auditory Remembered: eyes to the speaker’s left indicates that she is in an auditory mode
trying to hear sounds previously heard.
FIGURE 9.27 Cont’d
NEUROLINGUISTICS
135
Auditory Digital: eyes down and to the speaker’s left indicates that she is talking to herself.
FIGURE 9.27 Cont’d
Defocused: If the person’s eyes are staring straight ahead, apparently not focused on anything,
it indicates that she is seeing a great deal of visual information all at the same time.
FIGURE 9.27 Cont’d
136
9. NONVERBAL BEHAVIORAL ASSESSMENT
Remember, the key to observing deviation in nonverbal behavior is establishing the
norm. In order to ensure that a norm has been established and to properly evaluate verbal,
paralinguistic, and nonverbal behavior, the interviewer must utilize the structured inter-
view format. This will allow the necessary comparisons between behavior elicited by rele-
vant questions and comparison questions, as well as overall changes from the suspect’s
norm (irrelevant questions).
As the FAINT interview begins, every suspect, whether truthful or deceptive, will be in a
heightened emotional state that is probably not normal for him. Thus the interviewer must
establish the individual’s situational norm by observing him before the interview begins
and noting his verbal and nonverbal behavior during the early stages of the interview,
when conversing about something of mutual interest that has nothing to do with the case
under investigation.
Be alert to the many open gestures that suggest truthfulness. If the suspect maintains
normal eye contact with the interviewer and sits with his arms open throughout the inter-
view, palms up and legs apart, he is probably truthful.
Interestingly, deceptive suspects often show similar qualities during an interroga-
tion when they are about to give up. If the suspect’s palms suddenly become open, when
he previously was tense and uncooperative, it is an indication that he is about to confess.
Ideally, seek nonverbal behavior that occurs in clusters. Clusters ar
e a host of nonverbal
behavioral symptoms occurring in the suspect’s body at the same time. For example, he
touches his nose, crosses his legs, and shifts in his chair. If you observe a cluster, return
to the same material later in the interview and see if the cluster reoccurs. If it does, chances
of deception are very high.
By way of summary, the interpretations of nonverbal behavior in Box 9.3 are part of a
list prepared by M. E. Addison and J. H. Jones while with the U.S. Naval Investigative
Service.
BOX 9.3
Gesture
Possible interpretation
Body
Leaning forward
Interest; acceptance
Leaning backward
Lack of interest; nonacceptance
Shoulders slumped or sagging
Fatigue; grief; withdrawal; nonresistance;
hopelessness
Shoulders held rigidly
Aggressive attack position
Shoulders shrugging
“It’s not my fault”; need to rid oneself of
something; show you cannot do something or
prevent it from being done
Unbuttoning clothing
Cooperation; agreement; sexual attraction
NEUROLINGUISTICS
137
Buttoning clothing
Rejection; withdrawal; sexual defensiveness
Turns body away
Rejection
Turns body toward
Acceptance
Head and Face
Lowering the eyebrows
Concentration or anger
Raised eyebrows
Surprise; anticipation of question
Widening of the eyes
Heightened interest; fear
Removing glasses
Withdrawal
Closing nostrils with fingers
Contempt; disbelief
Index finger alongside nose
Suspicion
Mouth falls open
Bored; unsure of self
Flared nostrils
Hatred and aggression; sexual aggressiveness
Cheeks sucked in
Disapproving and critical of others
Biting lips
Self-depreciation
Lowering chin and looking down
Coy; shyness
Picking face/biting nails