The police frequently present their evidence to suspects in investigative interviews. Accordingly, psychologists have developed strategic ways in which the police may present evidence to catch suspects lying or to elicit more information from suspects. While research in psychology continues to illustrate the effectiveness of strategic evidence disclosure tactics in lie detection, lawyers and legal research challenge these very tactics as undermining fair trial defense rights. Legal research is alive to the problems associated with strategically disclosing evidence to a suspect, such as preventing lawyers from advising the suspect effectively, increasing custodial pressure for the suspect, and worsening working relations between lawyers and police. This paper brings together the opposing research and arguments from the two disciplines of psychology and law, and suggests a new way forward for future research and policy on how the police should disclose evidence.
Presently, the police in England and Wales disclose their evidence at different points during the arrest and detention of a suspect. While the courts have not objected to this, past field research suggests that lawyers can only advise their clients accurately when the police disclose their evidence before the police interview. To examine this from a law -psychology perspective, we recruited 100 criminal defence lawyers to participate in an online study.Lawyers read fictional scenarios and provided custodial legal advice to a hypothetical client (Christopher) when given either pre-interview disclosure or disclosure at various points during the police interview (early, gradually, or late). Lawyers given pre-interview disclosure provided considerably more informed legal advice compared to those who were only provided with disclosure during the hypothetical police interview. Using an interdisciplinary approach, this paper provides further evidence that pre-interview disclosure is essential for lawyers to deliver case-specific legal advice to suspects.
When deceptive suspects are unaware of the evidence the police hold against them, they contradict that evidence more than truthful suspects do-a useful cue to deception. But given that, over time, truthful suspects might forget the past and also contradict the evidence, how effective are lie detection techniques that rely on such inconsistencies when suspects are questioned months after a crime? In Experiment 1, people committed a theft (liars) or a benign activity (truth-tellers) in a university bookshop. Shortly after or 2 months later, we questioned them about their bookshop visit without informing them of the evidence implicating them in the theft. Though truth-tellers contradicted some evidence after both time delays, liars always contradicted the evidence more than did truth-tellers. In Experiment 2, we presented the mock suspects' responses to an independent group of laypeople and asked them to rate how deceptive the suspects were. Laypeople rated liars as more deceptive than truth-tellers after both time delays, but also rated truth-tellers questioned 2 months after the crime as more deceptive than truth-tellers questioned shortly after the crime. These findings suggest that liars' tendency to distance themselves from a crime might outweigh any memory decay that truth-tellers experience in the 2 months following a crime. As a result, the extent of a suspect's contradictions with the evidence could still be diagnostic of deception even after an extended time delay. (PsycINFO Database Record
Presently, the police in England and Wales disclose their evidence at different points during the arrest and detention of a suspect. While the courts have not objected to this, past field research suggests that lawyers can only advise their clients accurately when the police disclose their evidence before the police interview. To examine this from a law -psychology perspective, we recruited 100 criminal defence lawyers to participate in an online study.Lawyers read fictional scenarios and provided custodial legal advice to a hypothetical client (Christopher) when given either pre-interview disclosure or disclosure at various points during the police interview (early, gradually, or late). Lawyers given pre-interview disclosure provided considerably more informed legal advice compared to those who were only provided with disclosure during the hypothetical police interview. Using an interdisciplinary approach, this paper provides further evidence that pre-interview disclosure is essential for lawyers to deliver case-specific legal advice to suspects.
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