DETAINEES | Fitness to be Interviewed

Gudjónsson, Gisli H.

doi:10.1016/b0-12-369399-3/00130-0

Cited by 7 publications

(3 citation statements)

References 6 publications

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“…Increasingly, the construct of legal competence in criminal cases is also being applied to defendants with ''personality disorder'' (Gudjonsson & Grisso, 2008). The introduction of ''fitness to be interviewed'' within the current Codes of Practice in England and Wales is a significant step toward protecting vulnerable suspect populations (Gudjonsson, 2005). Indeed, a similar framework has been introduced in New Zealand and Australia (Gall & Freckelton, 1999).…”

Section: Protections For Vulnerable Suspects In Englandmentioning

confidence: 99%

Police-induced confessions: Risk factors and recommendations.

Kassin¹,

Drizin²,

Grisso³

et al. 2010

Law and Human Behavior

508

739

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Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on judges and juries. This article concludes with a strong recommendation for the mandatory electronic recording of interrogations and considers other possibilities for the reform of interrogation practices and the protection of vulnerable suspect populations.

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Section: Protections For Vulnerable Suspects In Englandmentioning

confidence: 99%

Police-induced confessions: Risk factors and recommendations.

Kassin¹,

Drizin²,

Grisso³

et al. 2010

Law and Human Behavior

508

739

View full text Add to dashboard Cite

show abstract

“…This type of witness preparation may have allowed individuals to maintain more control over the testimony they provided. Indeed, as previously acknowledged, being informed of this information may have forewarned participants that an attempt may be made to bias their responses during cross-examination (Dodd & Bradshaw, 1980), thus creating a more suspicious mindset that enabled witnesses to detect discrepancies in the questions being asked and what they actually remembered about the event (Gudjonsson, 2005). Nevertheless, given this was a minimal trend, it is difficult for any firm conclusions to be made.…”

Section: Witness Accuracymentioning

confidence: 99%

Directive Leading Questions and Preparation Technique Effects on Witness Accuracy

Gous

Wheatcroft

2020

Sage Open

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The use of leading questions during cross-examination can undermine the accuracy and completeness of evidence presented in court. Furthermore, increasing numbers of general witnesses are arriving in court unprepared for the experience. In this study, 60 mock witnesses from England and Wales were allocated to one of the three preparation conditions: (a) those who received no familiarization with the cross-examination process, (b) those who received a guidance booklet on cross-examination procedures, and (c) those who underwent an alternative rapport-building protocol. The participants observed a hit-and-run scenario video clip before being cross-examined with either (a) non-directive leading questions or (b) directive leading questions. The results showed that directive leading questioning styles were most detrimental to witness accuracy. Neither familiarization with the types of questions typically employed during cross-examination nor the rapport-building protocol were found to be effective as a preparation strategy to increase accurate responses compared against a control group. Consideration of the impact of directive leading question styles on all witnesses in court seems necessary.

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“…Reproduction in any form (including the internet) is prohibited without prior permission from the Society they require (e.g., legal advice, the services of an appropriate adult, or a registered intermediary). In cases of suspects, if the legal support provisions are insufficient to ensure reliability then he or she may be judged to be unfit for interview, either temporarily or permanently (Gudjonsson, 2003b(Gudjonsson, , 2005; see also Annex G 'Fitness to be Interviewed' in the Code of Practice, Home Office, 2008b, pp. 82-83).…”

confidence: 99%

Psychological vulnerabilities during police interviews. Why are they important?

Gudjónsson

2010

Legal Criminol Psychol

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Over the past three decades much has been learned about the role and importance of psychological vulnerabilities in the context of unreliability of information obtained during police interviews. This paper reviews the current state of knowledge and explains why vulnerabilities are important. Psychological vulnerabilities are best construed as potential ‘risk factors’ rather than definitive markers of unreliability. They are important, because they may place witnesses, victims, and suspects at a disadvantage in terms of coping with the demand characteristics of the interview (and subsequent Court process) and being able to provide the police with salient, detailed, accurate, and coherent answers to questions. Early identification of relevant and pertinent vulnerabilities in the interview process helps to ensure fairness and justice. Currently, the identification of vulnerabilities is poor, and even when identified, they are not always acted upon. Nevertheless, England has taken the lead in improving the police interview process and the protection of vulnerable interviewees. More work needs to be done, but the Bradley Report recommendations represent an excellent opportunity for police and health care professionals to work together to improve justice for all. This is the key initial interface that will be vital for reducing future miscarriages of justice.

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DETAINEES | Fitness to be Interviewed

Cited by 7 publications

References 6 publications

Police-induced confessions: Risk factors and recommendations.

Police-induced confessions: Risk factors and recommendations.

Directive Leading Questions and Preparation Technique Effects on Witness Accuracy

Psychological vulnerabilities during police interviews. Why are they important?

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