Nathan J Gordon, William L Fleisher

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  • If there was no specific nonverbal behavior each question was assessed based on the

  verbal answer alone and given a score of þ1 if perceived truthful, and a –1 if perceived

  deceptive.

  • The same score was given if the nonverbal behavior was in agreement with the verbal

  behavior.

  • If there was a disagreement between nonverbal and verbal behavior, the question was

  given a score of 0.

  *Ground zero truth for interviewees determined to be deceptive was confirmed by confession, and for those

  determined to be truthful by the confessions of deceptive interviewees in the same cases.

  Effective Interviewing and Interrogation Techniques

  167

  # 2011, Elsevier Ltd.

  168

  11. THE VALIDATION OF THE FORENSIC ASSESSMENT INTERVIEW (FAINT)

  TABLE 11.1 Breakdown of Suspects and Categories of Crimes Used in the Study

  Suspects (51)

  Crimes (22)

  36

  Theft (10)

  4

  Sexual assault/rape (6)

  5

  Molestation (3)

  4

  Arson (1)

  1

  Aggravated assault (1)

  1

  Robbery (1)

  The four evaluators correctly solved 86% of the twenty-two cases they reviewed, exclud-

  ing “inconclusives” (which are defined as suspects whom they were unable to classify as

  truthful or deceptive, because of “insufficient” data), and 83.5% where “inconclusives”

  were included and viewed as errors (Table 11.2).

  The data involved 31 truthful and 20 deceptive suspects, requiring 204 assessments to be

  made (124 truthful assessments and 80 deceptive assessments). Of the 124 assessments of

  truthful suspects, 3 were assessed to be inconclusive, and 111 were correctly assessed as

  truthful (Table 11.3). Thus, there was a 92% accuracy rate in the assessment of truthful suspects. Of the 80 assessments of deceptive suspects, 2 were assessed to be inconclusive, and

  65 were correctly assessed to be deceptive. Thus, there was an 83% accuracy rate in the

  assessment of deceptive suspects. Overall accuracy for the 199 assessments made was

  88%, with only 5 of the 204 assessments deemed inconclusive (2.5%).

  Utilizing the traditional FAINT 3-point scoring scale, the evaluators had an 8% false pos-

  itive rate and a 17% false negative rate. Qualitatively, the errors made were more likely to

  be false negatives: deceptive suspects assessed to be truthful. This is the same result as in

  the earlier cited Behavioral Analysis Interview study [2] and is exactly the opposite of most polygraph errors, which are more likely to be false positives, truthful suspects assessed to

  be deceptive. Given that the error rates between these two processes (FAINT and

  TABLE 11.2 Cases Solved by Evaluators Using FAINT 3-Point Scoring System

  CASES SOLVED EXCLUDING INCONCLUSIVES: 86%

  Evaluator:

  1

  2

  3

  4

  88%

  82%

  82%

  92%

  CASES SOLVED INCLUDING INCONCLUSIVES: 83.5%

  Evaluator:

  1

  2

  3

  4

  87%

  74%

  83%

  91%

  11. THE VALIDATION OF THE FORENSIC ASSESSMENT INTERVIEW (FAINT)

  169

  TABLE 11.3 Accuracy of Evaluators Using FAINT 3-Point Scoring System

  Ground zero

  Truthful determinations

  Deceptive determinations

  Inconclusives

  124 truthful

  111 (92% accuracy)

  10 (8% F/P)

  3

  80 deceptive

  13 (17% F/N)

  65 (83% accuracy)

  2

  Polygraph) are in opposite directions, it may further support the use of the FAINT inter-

  view assessment as the pre-test interview tool for polygraph examinations to give a more

  accurate overall assessment of a suspect’s truthfulness.

  Table 11.4 shows the actual scores and assessments of the four evaluators of each sus-

  pect, as well as each evaluator’s accuracy.

  Analysis of all of these individual assessment scores appears to indicate that an assess-

  ment score of 0 or higher would result in 88% accuracy for determinations of truthfulness,

  and an assessment score of –5 or lower would result in 89% accuracy for determinations of

  deception.

  Table 11.5 shows the distribution of the evaluators’ numerical scores in the 51 cases they assessed. Of these 22 cases, there were 10 involving employee thefts ranging from a single

  suspect, to 1 case of employee theft with 13 suspects. Multisuspect employee theft cases

  TABLE 11.4 Scores and Assessments Made by Evaluators Using FAINT 3-Point Scale

  Case

  Type

  Ground zero

  Evaluator 1

  Evaluator 2

  Evaluator 3

  Evaluator 4

  1 1

  Theft

  D

  D/ 7

  T/2**

  D/ 6

  D/ 7

  1 2

  T

  T/11

  ?/0

  T/8

  T/12

  1 3

  T

  T/14

  T/5

  T/4

  T/3

  2 1

  Theft

  T

  T/19

  T/10

  T/16

  T/7

  2 2

  T

  T/16

  T/2

  T/14

  D/ 6

  2 3

  T

  T/16

  T/5

  ?/5

  T/ 2

  2 4

  D

  T/11

  D/ 6

  T/11

  T/ 4

  2 5

  T

  D/ 2

  T/9

  ?/5

  T/5

  2 6

  T

  T/15

  T/13

  T/13

  T/7

  2 7

  T

  T/15

  T/17

  T/11

  T/6

  3 1

  Theft

  T

  T/18

  T/ 8

  T/5

  T/ 2

  3 2

  T

  T/7

  T/ 4

  T/5

  T/8

  3 3

  T

  T/7

  T/8

  T/4

  T/ 2

  Continued

  170

  11. THE VALIDATION OF THE FORENSIC ASSESSMENT INTERVIEW (FAINT)

  TABLE 11.4 Scores and Assessments Made by Evaluators Using FAINT 3-Point Scale Cont’d

  Case

  Type

  Ground zero

  Evaluator 1

  Evaluator 2

  Evaluator 3

  Evaluator 4

  3 4

  T

  T/21

  T/22

  T/10

  T/10

  3 5

  D

  T/9

  T/5

  T/4

  D/ 8

  3 6

  T

  T/15

  T/10

  T/18

  T/12

  3 7

  T

  D/ 4

  T/ 2

  T/ 3

  T/ 6

  3 8

  T

  T/12

  T/1

>   T/6

  T/15

  3 9

  T

  T/32

  T/19

  T/17

  T/20

  3 10

  T

  T/2

  D/ 10

  T/2

  T/1

  3 11

  T

  T/18

  T/ 4

  D/ 5

  T/5

  3 12

  T

  T/19

  T/17

  T/9

  T/13

  3 13

  T

  T/21

  T/6

  T/14

  T/13

  4 1

  Rape

  D

  D/ 12

  D/ 11

  D/ 8

  D/ 5

  5 1

  Aggravated

  D

  D/ 5

  D/ 5

  D/ 5

  D/ 7

  assault

  6 1

  Molestation

  D

  D/ 9

  D/ 8

  D/ 8

  D/ 11

  7 1

  Molestation

  D

  D/ 9

  D/ 10

  D/ 16

  D/ 11

  8 1

  Theft

  D

  D/ 1

  T/9

  D/ 1

  D/ 9

  8 2

  T

  T/9

  D/0

  T/2

  T/7

  9 1

  Theft

  D

  T/8

  T/11

  T/7

  T/3

  9 2

  T

  D/5

  D/0

  D/ 5

  D/ 4

  10 1

  Theft

  D

  D/ 3

  D/ 3

  D/ 4

  D/ 4

  11 1

  Theft

  D

  D/ 1

  T/11

  D/3

  D/1

  11 2

  T

  T/12

  T/16

  T/13

  T/13

  11 3

  T

  T/16

  T/4

  T/15

  T/4

  12 1

  Theft

  T

  T/13

  T/1

  T/ 4

  T/ 3

  12 2

  D

  D/ 20

  D/ 18

  D/ 18

  D/ 20

  12 3

  T

  T/13

  T/19

  T/22

  T/14

  13 1

  Robbery

  D

  D/ 6

  D/ 16

  D/ 14

  D/ 18

  14 1

  Sexual

  D

  D/ 5

  D/ 8

  D/ 3

  D/ 8

  assault

  15 1

  Rape

  D

  D/ 4

  D/ 5

  ?/2

  D/1

  16 1

  Theft

  T

  T/13

  T/13

  T/14

  T/3

  Continued

  11. THE VALIDATION OF THE FORENSIC ASSESSMENT INTERVIEW (FAINT)

  171

  TABLE 11.4 Scores and Assessments Made by Evaluators Using FAINT 3-Point Scale Cont’d

  Case

  Type

  Ground zero

  Evaluator 1

  Evaluator 2

  Evaluator 3

  Evaluator 4

  17 1

  Sexual

  D

  D/ 6

  D/ 4

  ?/1

  D/ 6

  touching

  18 1

  Rape

  D

  D/ 6

  D/ 8

  D/ 4

  D/ 5

  19 1

  Theft

  D

  D/ 9

  D/ 8

  D/ 12

  D/ 5

  20 1

  Sexual

  D

  D/ 1

  D/ 7

  D/ 6

  D/ 6

  assault

  21 1

  Rape

  T

  T/7

  T/13

  T/9

  T/10

  22 1

  Arson

  T

  T/18

  T/15

  T/19

  T/22

  22 2

  T

  T/9

  T/ 2

  T/10

  T/3

  22 3

  T

  T/3

  T/ 1

  T/10

  T/18

  22 4

  D

  D/ 11

  D/ 8

  D/ 2

  D/0

  Figures appearing in red indicate errors in assessments.

  204 assessments: evaluator 1: 88% accuracy (45 correct/6 errors); evaluator 2: 88% accuracy (44 correct/6 errors/1 inconclusive); evaluator 3: 89% accuracy (42 correct/5 errors/4 inconclusive); evaluator 4: 92% accuracy (47 correct/4 errors).

  TABLE 11.5 Evaluators’ Distribution of Scores and Predictability of Determinations

  Predictability of a

  Evaluators’

  Ground zero truth

  Predictability of a

  truthful determination

  scores

  outcome

  deceptive determination

  100

  32

  T

  0

  100

  22

  TTT

  0

  100

  21

  TT

  0

  100

  20

  T

  0

  100

  19

  TTTTT

  0

  100

  18

  TTTTT

  0

  100

  17

  TTT

  0

  100

  16

  TTTTT

  0

  100

  15

  TTTTTT

  0

  100

  14

  TTTTT

  0

  100

  13

  TTTTTTTTTTT

  0

  Continued

  172

  11. THE VALIDATION OF THE FORENSIC ASSESSMENT INTERVIEW (FAINT)

  TABLE 11.5 Evaluators’ Distribution of Scores and Predictability of Determinations Cont’d

  Predictability of a

  Evaluators’

  Ground zero truth

  Predictability of a

  truthful determination

  scores

  outcome

  deceptive determination

  100

  12

  TTTT

  0

  93

  11

  TTDDDD

  7

  94

  10

  TTTTTTT

  6

  92

  9

  TTTTTDD

  8

  91

  8

  TTTD

  9

  90

  7

  TTTTTTD

  10

  90

  6

  TTT

  10

  90

  5

  TTTTTTTTTD10

  90

  4

  TTTTD10

  89

  3

  TTTTDD11

  88

  2

  TTTTDD

  12

  88

  1

  TTTDDD

  12 />
  88

  0

  TTTD

  12

  85

  1

  DDDDT15

  25

  2

  DTTTTTT75

  19

  3

  DDDTT

  81

  17

  4

  DDDDDDTTTTT83

  11

  5

  DDDDDDDDTT

  89

  9

  6

  DDDDDDDDTT91

  6

  7

  DDDD

  94

  7

  8

  DDDDDDDDDT

  93

  5

  9

  DDDD

  95

  6

  10

  DT

  94

  0

  11

  DDDD

  100

  0

  12

  DD

  100

  0

  14

  D

  100

  0

  16

  DD

  100

  0

  18

  DDD

  100

  0

  20

  DD

  100

  11. THE VALIDATION OF THE FORENSIC ASSESSMENT INTERVIEW (FAINT)

  173

  present variables not present in other types of criminal investigations. In multisuspect

  employee thefts there may be many employees who have committed previous thefts from

  their employer, but are innocent of the crime that is being investigated. These prior thefts

  often result in attitudinal changes that cause innocent employees to emit nonverbal, verbal,

  and written behavior generally associated with deception. This situation, although interest-

  ing, remains an area for future research.

  When these multisuspect employee thefts are eliminated from the study, there remain 15

  cases involving 18 suspects. Among these were 6 sexual assault/rape cases, 1 aggravated

  assault case, 3 sexual molestation cases, 3 theft cases, 1 robbery case, and 1 arson case that

  had 4 suspects. Among this cohort, 13 of the suspects were guilty of the crimes being inves-

  tigated and 5 were innocent.

  Accuracy of the four evaluators for this subset of FAINT assessments was 100% when

  “inconclusives” were eliminated and 96% when they were included and counted as errors

  (Table 11.6). There were no false positives or false negatives. Although the truthful suspect group may be too small for statistical conclusions to be drawn, it is important to note that

  all 5 were assessed truthful by all evaluators. As to the larger, more statistically significant

  deceptive group, three evaluators assessed all 13 to be deceptive, and one evaluator

  assessed 11 to be deceptive and 2 to be inconclusive.

  An analysis of these individual assessments of these single-issue suspect cases indicated

  that an assessment score of a þ3, or higher, would be 100% accurate for determinations of

  truthfulness, and an assessment score of a þ2, or lower, would be 96% accurate for determi-

  nations of deception.

  Table 11.7 presents a distribution of the evaluator’s numerical scores for the 72 assessments made of the 15 single-issue suspect cases.

  A meta-analysis was performed on the responses of both truthful and deceptive suspects

  to determine whether certain questions elicited answers that needed to be weighted, given

  that they might be more consistently predictive of truth or deception.

  This proved a fruitful line to pursue. Some questions indeed showed lesser value in pre-

  dicting truth or deception, whereas others appeared to have greater value. Based on that, an

  analysis was performed that confirmed that certain questions did have a higher correlation

  in predicting outcomes.

  For example, when asked, “Who would you suspect?” 20 of the 41 suspects asked the

 

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