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.
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