How does evaluator empathy impact a forensic interview?

Abstract

We used an experimental design to test the key concern that expressive empathy from evaluators during forensic interviews leads to more disclosure of misbehavior (e.g., stealing, breaking the law, manipulating others) from evaluees. In the context of a psychopathy assessment interview, evaluees (N ϭ 94, 100% male, 57.4% Caucasian) interviewed by an evaluator using expressive empathy techniques were no more likely than those interviewed by an evaluator avoiding expressive empathy techniques to admit to past instances of misbehavior (d ϭ .17, 95% CI [Ϫ.24, .57]). Instead, the use of expressive empathy techniques seemed to influence evaluator perceptions of the evaluees. Evaluators using expressive empathy rated evaluees as less psychopathic (d ϭ Ϫ.52, 95% CI [Ϫ.93, Ϫ.11]), more conscientious (d ϭ .72, 95% CI [.30, 1.13]), and as having engaged in less impression management (d ϭ Ϫ.54, 95% CI [Ϫ.95, Ϫ.13]) than evaluators avoiding the use of expressive empathy. Put simply, when evaluators expressed empathy, it influenced the evaluator, not the evaluee. These findings suggest the need to expand professional discourse and research on empathy in forensic evaluations to better understand the possible effects of evaluator empathy on both evaluators and evaluees. Public Significance StatementThis study suggests that evaluators who purposefully use expressive empathy during a psychopathy assessment interview rate evaluees more favorably than evaluators who purposefully avoid expressive empathy. The results did not support the longstanding concern that evaluator empathy encourages evaluees to disclose unfavorable information about themselves.

“You Have to Separate the Sinner From the Sin”: Clinician’s Approaches to Psychological Assessments With Men who Have Sexually Offended

“…Therapeutic support, requiring the use of empathy, has been found highly beneficial in nonforensic contexts for promoting self-disclosures (Dawson et al, 1984). Although it has been suggested that the gathering of accurate information during forensic assessments in terms of quantity and quality may be assisted by empathic questioning (Melton et al, 2017), the appropriateness of its use is debated in forensic assessments (Vera et al, 2019). The use of empathy in this context has been cautioned by some authors as, in addition to impacting upon the clinician's objectivity, empathy in forensic assessments has been suggested to be unethical (Shuman & Zervopoulos, 2010).…”

Clinical Reasoning in Forensic Psychiatry: Concepts, Processes, and Pitfalls

“…It can also affect base rate expectations of examination findings. A psychiatrists' upbringing and personality can determine their values and motivations as well as their tolerance to risk and uncertainty that is almost always present in forensic psychiatric cases ( 61 , 62 ). Empathy is also known to influence how forensic evaluators perceive their evaluee ( 62 , 63 ).…”

“…A psychiatrists' upbringing and personality can determine their values and motivations as well as their tolerance to risk and uncertainty that is almost always present in forensic psychiatric cases ( 61 , 62 ). Empathy is also known to influence how forensic evaluators perceive their evaluee ( 62 , 63 ). The working environment may impact clinical reasoning through various pathways, such as the adversarial legal system, workplace culture, targets, and the physical environment of the workplace ( 64 – 66 ).…”

Investigative empathy: a strength scale of empathy based on European police perspectives

“…Indirect empathy may include nonverbal expressions (Lorié, Reinero, Phillips, Zhang, & Riess, 2017) such as active listening that could display openness and a non-judgmental demeanor where direct empathy may also include verbal expression. Vera, Boccaccini, Laxton, Bryson, Pennington, and Ridge (2018) discuss verbal forms of empathic expression, such as "That's understandable", "It sounds like you felt sad/scared/upset", and nonverbal forms such as head nodding or reciprocal facial expression to communicate a sense of shared understanding.…”