interrogations, particularly when the interviewees are vulnerable and/or find themselves in a vulnerable position.38 53. Dismantling the myth will invalidate the argument of necessity. Scientific studies, including systematic analysis of field experience have demonstrated that a more effective methodology is available.39 This knowledge is equally relevant for police, security and military personnel in their quest of timely, accurate and reliable information. Testing of alternative hypotheses - the implementation of the presumption of innocence 54. Training programmes that are encouraging detectives to solve their (sometimes) complex problems by searching for confirmation (confessions) are not only ignoring knowledge deriving from research on human reasoning and decision-making in which good thinking is promoted as a thorough search for an alternative without favouring the one already on mind;40 they are in contradiction to the mindset required to put into practice the values and principles imbedded in the presumption of innocence.41 55. As pointed out above, the difference between interrogations and investigative interviewing is fundamental; these distinct approaches cannot be mixed up. The mindset of an investigative interviewer, in his/her preparations, interpersonal communication and questioning of suspects cannot be altered along the way. To start off with “investigative interviewing” and then move on to interrogation at the end - or in between - has been a common manipulative technique in confession-orientated interrogations for decades.42 Although the Netherlands have come a long way, Dutch police interviewing methodology still includes elements of manipulation.43 This (and similar) combinations of methodologies do not facilitate the advocated change of mindset necessary to advance the much-needed replacement of interrogations with investigative interviewing. 56. In order to facilitate a successful transformation from traditional interrogations to contemporary investigative interviewing techniques it is essential to keep in mind that when one “tool” (torture, coercion and/or manipulation) is taken away from a practitioner, it needs to be replaced by an alternative “tool” - a better way of solving the task at hand. The Convention against Torture Initiative (CTI) training tool can serve as a Elizabeth F. Loftus and John C. Palmer, “Reconstruction of automobile destruction: An example of the interaction between language and memory”, Journal of Verbal Learning and Verbal Behaviour, 1974 (13), pp. 585–589; Saul M. Kassin et al., “Police-Induced Confessions: Risk Factors and Recommendations”, Law and Human Behaviour, 2009, 34, 1, pp. 3-38; Elizabeth F. Loftus and John C. Palmer, “Reconstruction of automobile destruction: An example of the interaction between language and memory”, Journal of Verbal Learning and Verbal Behaviour, 1974 (13), pp. 585–589. 39 Rebecca Milne and Ray Bull, Investigative Interviewing: Psychology and Practice, Wiley, 1999; Laurence J. Alison et al., “Why Tough Tactics Fail and Rapport Gets Results”, fn. 36; Christian A. Meissner et al., “Interview and interrogation methods and their effects on true and false confessions”, Campbell Systematic Reviews, 13, 2012; 40 David V. Canter and Laurence J. Alison, ‘Beyond profiling: Developments in investigative psychology’, in David V. Canter and Laurence J. Alison (eds.), Interviewing and Deception, Aldershot, 1999, pp. 23–40. 41 Andy Griffiths and Asbjørn Rachlew, ‘From Interrogation to Investigative Interviewing. The Application of Psychology’, in Andy Griffiths and Rebecca Milne (eds.), The Psychology of Criminal Investigation. From Theory to Practice. Routledge. 2018 (forthcoming). 42 Richard A. Leo, Police Interrogation and American Justice, fn. 33. 43 Willem-Jan Verhoeven, ‘The complex relationship between interrogation techniques, suspects changing their statement and legal assistance. Evidence from a Dutch sample of police interviews”, Policing and Society, 2016. 38 16

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents