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The Birgitte Tengs case: a continuing saga of judicial error
The Birgitte Tengs case: a continuing saga of judicial error

The Birgitte Tengs case remains a haunting chapter in Norway’s criminal history, continuously marked by errors of justice.

This tragic story, which began in 1995 with the murder of Birgitte Tengs, has been characterised by investigative missteps and controversial interviewing techniques, leading to false confessions. The case’s latest development in 2023, the acquittal of Johny Vassbakk, adds another layer to its complex narrative. Despite DNA evidence, the court criticised the police and prosecution for falling into a “confirmation bias”, highlighting the ongoing need for reliable and ethically sound practices in criminal investigations.
Summary

Case summary and developments: The Birgitte Tengs case, marked by investigative errors and false confessions, saw recent developments in 2023 with the acquittal of Johny Vassbakk, highlighting issues like confirmation bias and over-reliance on DNA evidence.

Investigative failures: Key oversights, including poor interviewing techniques and lack of real-time documentation, led to false confessions and delayed justice, demonstrating the high human cost of investigative errors.

Towards ethical investigations: The case underscores the need for ethical investigative techniques, reliable recording equipment, and comprehensive training. Davidhorn is committed to providing state-of-the-art technology and training to enhance the integrity and fairness of criminal investigations.

A glimpse into the Birgitte Tengs case

In 1995, Norway was shaken by the tragic killing of Birgitte Tengs, a young girl brutally murdered in her hometown of Kopervik on the west coast. The investigation, initially struggling with a lack of clear evidence, became a complex web of rumours, false leads, and controversial police work, resulting in a police-induced false confession, deep family conflicts and one of Norway’s most infamous unsolved mysteries.

Listen to our podcast where Dr. Ivar Fahsing and Dr. Asbjørn Rachlew are talking about this case.

Recent developments

The Gulating Court of Appeal’s acquittal of Johny Vassbakk in December 2023 has again shed light on crucial oversights in the investigation. The accusation against Vassbakk originated from the discovery of his DNA on Birgitte’s clothing, which led the police and prosecution down a narrow investigative path. They argued that a mixed DNA sample from Vassbak and Tengs was proof of his involvement in the crime. The court did not agree. Vassbak was acquitted. The judges criticised the prosecutors for falling into a confirmation bias, particularly in their interpretation of this DNA evidence. This kind of criticism has never been seen before and highlights the dangers of over-reliance on singular pieces of evidence and the need for a more comprehensive and objective approach to criminal investigations.
Key oversights

Critical errors at the beginning of the Birgitte Tengs case, particularly in interviewing techniques and lack of real-time documentation, played a significant role in the case’s trajectory. The use of leading questions and psychological pressure led to a false confession, undermining the investigation and shifting the focus away from other viable leads.

The recent developments, on the other hand, were significantly impacted by the seemingly over-reliance on DNA evidence and repeated instances of confirmation bias. These critical errors not only undermined the integrity of the investigation but also led to wrongful implications and a significant delay in justice. Tunnel vision and confirmation bias were probably underlying factors that led to the police-induced false confession in this case.

The human cost of investigative failures

The case’s mismanagement delayed justice for Birgitte and her family and wrongfully implicated her cousin and now Johny Vassbakk, illustrating the high cost of investigative errors.

Towards an ethical future in criminal investigations

The Birgitte Tengs case underscores the crucial need for ethical investigative techniques, combining reliable recording equipment with comprehensive training. Had the interviews in this case been recorded, lessons could have been learned more rapidly, helping to avoid similar errors in the future. Recording serves not just as a tool for transparency but also as a critical resource for training and feedback.

Training, particularly in investigative interviewing methods and mindset, is paramount. It’s about fostering a culture within the police force that values continuous learning, open feedback, and leadership that is committed to ethical practices. By focusing on training and better tools for transparency, oversight and better processes, we can empower law enforcement officers to conduct interviews more effectively, sensitively, and impartially.

Davidhorn’s commitment

At Davidhorn, we understand and learn from the lessons from cases like Birgitte Tengs’. We offer state-of-the-art recording technology designed to enhance the integrity and reliability of investigative interviews. Our solutions ensure clear, tamper-proof recordings, providing an objective account that supports the principles of ethical interviewing. By integrating our advanced recording technology into investigative processes, we help law enforcement agencies, and interviewers maintain the highest standards of accuracy and fairness, thereby contributing to rebuilding trust in society and strengthening institutions.

We are also dedicated to offering comprehensive training programmes that enhance the skills of interviewers, ensuring that they are equipped with the necessary techniques and mindset to conduct ethical interviews and investigations.

Our aim is to cultivate a culture of learning and improvement, where feedback is used constructively to develop leadership within the police force, thereby fostering a more ethical and effective approach to criminal investigations.

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June 26, 2024
How to foster transformational leadership in law enforcement
How to foster transformational leadership in law enforcement

The report How to Foster Transformational Leadership in law enforcement produced by the UNDP ODC, explores transformational leadership and its implications for global governance.

The report emphasises the need for leadership in law enforcement that extends beyond immediate concerns, considering the broader impact of decisions across time and space. Transformational leadership is about “going to the roots of the issues, challenging fundamental assumptions, and proposing and embodying alternative futures”.
Summary

Transformational leadership: The UNDP ODC report calls for leadership that addresses root issues and collaborates across sectors to drive significant changes in law enforcement.

Davidhorn’s contribution: Davidhorn provides technology and training to improve investigative interviews, evidence integrity, and adapt to new challenges like deep fakes.

Building trust and growth: Emphasising community trust, internal teamwork, and continuous learning, Davidhorn supports law enforcement in implementing effective and culturally transformative practices.

The report identifies challenges and necessary shifts in leadership at macro (institutional), meso (relational and behavioural), and micro (individual) levels. It highlights the importance of collaboration between private companies and organizations in fostering global transformational leadership, suggesting that such collaborations can drive significant, mutually beneficial changes. This involves rethinking leadership roles and structures to address global challenges more effectively.

Shifting the lens of transformational leadership to law enforcement, we can apply its principles across various levels of the sector. Davidhorn plays a crucial role in this transition, offering technology and training to address the unique challenges of law enforcement, enhancing both institutional practices and individual competencies for a more responsive and effective justice system:
What can be done at the institutional level

Challenges at the institutional level include structures and practices created back in time when the crime pattern and societal demands for inclusivity were different. Adapting to this insight could mean reforming institutional policies to be more inclusive and responsive to community needs.

At the institutional level, there’s an opportunity for law enforcement to lead in innovation and inclusivity. It may also involve modernising practices to keep pace with technological advancements and changing crime patterns. By implementing new technologies and methodologies, and by integrating diverse perspectives into policymaking, law enforcement agencies can become more agile and effective. This could lead to community-centric policing models.

Davidhorn delivers technology that supports investigative interviews. Our recording solutions simplify and make the interview process more effective. The integrity of the evidence captured by our solutions are particularly important with the increased access to deep fake and voice cloning technology. Implementing new methodologies require updated practices. Bringing the right mindset, processes, and procedures to the interview process is essential and can be ensured through our training program. Effective interviewing is crucial for law enforcement and in criminal investigations, with the quality of interviews significantly impacting the justice processes.

What can be done at the relational and behavioural level

The meso level presents a valuable chance for law enforcement to strengthen community relations and internal teamwork. By prioritizing trust, collaboration, and transparency, law enforcement can build a strong bond with the community and improve internal cohesion. Initiatives like community outreach programs and inter-departmental team-building exercises can be instrumental in achieving these goals. Implementing leadership frameworks and practices to change the mindsets across the sector play an important role in ensuring new processes are implemented and followed by all levels of the organisation to foster a culture of trust, collaboration, and open communication both within the organisation and with the public.

Davidhorn’s technology delivers evidential recording with high integrity. Recording of interviews creates behavioural change and can contribute to implementation of new practices. Reliable information from key individuals is indispensable, enhancing the value of other evidentiary materials. To facilitate the mindsets’ change and support building trust in communities, we also offer comprehensive interview training programs by world-renowned experts in suspect interviewing and engagements with vulnerable witnesses.

What can be done at the individual level

At the individual level, law enforcement officers have the potential for significant personal and professional growth. By fostering a culture of self-awareness and continuous learning, officers can develop into well-rounded, adaptable leaders. This can be encouraged through training programs, online courses, microlearning, mentorship opportunities, and a supportive environment. Self- and peer-to-peer evaluations are also strongly recommended by the UN Investigative Interviewing Manual and are an important step for personal growth and professional development.

The transparency that our recording solutions provide will be key in implementing new procedures and ensuring that culture changes stick across the organisation.

In summary, by embracing these challenges as opportunities for growth and development, law enforcement agencies can evolve into more dynamic, community-focused, and effective organisations – and we are here to help. Reach out to learn how.

Read the report

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Building a Child or Vulnerable Witness Interview Suite
Building an Interview Suite for Child or Vulnerable Witness: What to Keep in Mind

In an increasingly complex world, children and vulnerable individuals often face harrowing situations.

For some, this means confronting the trauma of facing their perpetrators in court and undergoing cross-examination. It is crucial to provide these witnesses with a safe and supportive environment during investigative interviews to Achieve Best Evidence (ABE). Davidhorn releases a comprehensive set of guidelines for setting up the Child or Vulnerable Witness Interview Suite that can help achieving this goal.
Summary

Comprehensive guidelines: Davidhorn has released a comprehensive guide for setting up Child or Vulnerable Victim Interview Suites to ensure safe, supportive environments for witnesses, aimed at achieving high-quality evidence for court use.

Importance of planning: The guide highlights best practices for creating the optimal interview setting, from room layout to audio and video equipment, to minimize emotional distress and enhance the quality of evidence gathered.

Resource for professionals: This guide serves as a crucial resource for investigators, legal professionals, and social workers, emphasising sensitivity, fairness, and evidence integrity in investigative interviews.

Why planning is important

The primary objective of the Child or Vulnerable Witness Interview Suite is to deliver evidence of a high enough standard for use in court, all while minimizing the emotional distress that witnesses may experience throughout the legal process. Created by Davidhorn, this comprehensive guide sheds light on best practices for establishing the optimal setting to conduct and record investigative interviews with children and vulnerable witnesses.

Listen to our podcast on this subject:

By considering the delicate nature of their experiences, the guide ensures that the interview process is as comfortable and safe as possible. This approach not only helps witnesses share their stories effectively but also helps investigators gather crucial evidence and bring justice to light.

Investigators, legal professionals, social workers, and others involved in these interviews must appreciate the importance of the environment and technology used. From selecting the perfect room and layout to choosing the right audio and video equipment, every detail counts. By paying close attention to these factors, we can achieve successful outcomes for all parties while maintaining the highest levels of sensitivity and professionalism.
A guide for achieving best evidence

This guide serves as an all-encompassing resource for planning, setting up, and conducting interviews in facilities specifically designed for children and vulnerable witness interviews. By following these guidelines, which draw from decades of experience and insights from practitioners, investigators can create a comfortable and supportive atmosphere for witnesses, all while obtaining reliable evidence that stands up in court.

The guide is first presented at the The National Witness Interview Conference 2023, in London on Wednesday the 10^th of May.

The solutions offered in this guide emphasize the need for sensitivity, fairness, and evidence integrity throughout the investigative interview process. By adhering to these best practices, law enforcement agencies can ensure that the rights and well-being of children and vulnerable witnesses are safeguarded, all while collecting the vital information needed to support the judicial process.

To learn more about the Child or Vulnerable Witness Interview Suite and how it can revolutionise the investigative interview process, download the guide or contact us.

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Watch a webinar

Check out our webinar on Forensic Child Interviewing

Watch the webinar
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Transformation of Kenyan Criminal Justice System
Davidhorn supports UN to transform Kenyan Criminal Justice System

In a significant stride towards upholding human rights in Kenya, the United Nations Office on Drugs and Crime (UNODC) is leading an initiative to enhance the Kenyan Criminal Justice System.

With a focus on elevating transparency, accountability, and fairness, this initiative includes the implementation of Digitally Recorded Interviewing (DIR) techniques, backed by advanced Interviewing Techniques Training for law enforcement officers. Davidhorn, a pioneering technology provider, proudly stands as a partner in this transformative effort.
Summary

Partnership for justice: UNODC and Davidhorn are enhancing Kenya’s criminal justice system with Digitally Recorded Interviewing (DIR) techniques and advanced training for law enforcement, aiming for greater transparency and accountability.

Training and deployment: Experts like Jeff Horn and Jackie Vallack have trained Kenyan police across multiple units, equipping them with DIR devices to improve interview accuracy and reduce reliance on written accounts.

Protecting the vulnerable: The initiative supports Kenya’s Child Justice and SGBV Strategies, focusing on safeguarding vulnerable populations and combating wildlife crime in collaboration with the Kenya Wildlife Service (KWS).

Davidhorn’s mission is to combine technological solutions with ethical interview practices to improve justice and human rights globally. This lines up with the UN’s Sustainable Development Goal 16: “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.” That’s why projects like training for Kenyan police officers in Digitally Recorded Suspect Interviews in Nairobi (July-August 2023) resonateed deeply with Davidhorn’s commitment to these ideals.

Under the guidance of Marion Crepet, a Human Rights lawyer employed by the UNODC, the training marked a pivotal step in reshaping Kenya’s justice system. Jeff Horn from Davidhorn delivered a comprehensive presentation that encompassed three stages to succeed with Digital Interview Recording (DIR):

Planning for success

Administrator Introduction to Database setup and maintenance

User training and practical application of equipment.

Ten DIR devices now empower Kenyan police officers to capture interviews with witnesses and suspects, curbing the reliance on written accounts and fostering a more transparent and accountable process. Davidhorn’s technology not only ensures accurate evidence collection but also safeguards vulnerable witnesses and promotes transparency in suspect statement recordings.
Jackie Vallack, an experienced former Derbyshire officer with specialised training in Interview Techniques, spearheaded the training and course and was supported by David Ward from Focused Conservation, an NGO dedicated to combating environmental crimes. The training reached various K eny an Police Departments, including the Serious Crime Unit, Transnational Organized Crime Unit, Kenyan Wildlife Crime Unit, Anti Human Trafficking Unit, Child Protection Unit, and Environmental Crime Unit.

Reflecting on the training, Jeff Horn of Davidhorn shared:

“Witnessing the enthusiasm of Kenyan police officers to embrace Davidhorn’s solutions was truly inspiring. The comprehensive training in advanced interviewing techniques has been engaging and promising. While the journey towards a fairer justice system in Kenya and Eastern African countries is ongoing, the officers’ positive response is a hopeful sign.”

Amidst challenges faced by Kenyan authorities in the criminal justice system, the UN’s support is paving the way for crucial improvements. Davidhorn’s technology holds immense potential to address these challenges. In particular, Kenya’s Child Justice and Sexual and Gender-Based Violence (SGBV) Strategies, supported by the UN, stand as a pivotal project aimed at protecting victims and creating a more inclusive justice system. By prioritizing victim-centred approaches, these strategies uphold the rights and dignity of all Kenyans, especially those vulnerable to abuse and exploitation.

With approximately 60 percent of Africa’s population falling under the age of 25, the focus naturally turns to children and young adults who are particularly susceptible and exposed. Acknowledging their vulnerability, it becomes imperative to design distinct measures that guarantee their safety and well-being.

“The initiatives are in line with the strategic focus of the Judiciary to transform the justice system into a people-centred one that upholds the dignity and rights of all Kenyans, especially victims of Sexual and Gender-Based Violence, child abuse and exploitation. We are in effect sending a clear message that our society will not tolerate those who prey upon the vulnerable” ^[1]

said Hon. Martha Koome President of the Supreme Court of Kenya, and the first woman to occupy this position.

Moreover, UNODC’s collaborative efforts in wildlife protection are reshaping the fight against wildlife crime in Kenya. Recognising the challenge of wildlife poaching, UNODC partners with the Kenya Wildlife Service (KWS) to enhance internal systems and mechanisms to prevent it. This comprehensive approach supports the entire criminal justice chain, from wildlife rangers to financial analysts, judges, and other practitioners, strengthening their capacity to prevent, investigate, prosecute, and resolve wildlife and forest crimes.

In closing, these initiatives collectively herald a new era for Kenya’s criminal justice system. By embracing technology, advanced training, and international collaboration, Kenya is poised to build a more transparent, accountable, and fair justice system that upholds human rights, and protects the vulnerable. Davidhorn is proud to be a part of this journey.

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^{[1] https://www.unodc.org/easternafrica/en/Stories/launch-of-the-child-justice-and-sexual-and-gender-based-violence-sbgv-strategies.html}
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June 26, 2024
How to turn interrogation into investigative interviewing?
Turning interrogation into investigative interviewing

Investigative interviewing should not be confused with interrogation. Investigative interviewing is a crucial tool for law enforcement, journalists, and other professionals who need to gather accurate and reliable information from people.

Investigative interviewing should not be confused with interrogation, which is a more confrontational and adversarial process that aims to obtain a confession or other incriminating information. Investigative interviewing is a conversation-based approach that aims to elicit truthful and complete accounts of events, as well as the thoughts, feelings, and motivations of those involved.
Summary

Investigative interviewing vs. interrogation: Investigative interviewing is a conversation-based approach focused on gathering complete information, while interrogation is confrontational, aiming to obtain confessions through psychological tactics and manipulation.

Critiques of interrogation methods: Traditional interrogation techniques are criticised for their potential to induce false confessions, lack of scientific foundation, violation of suspects’ rights, and negative impact on vulnerable populations. There is a growing advocacy for ethical and effective practices like the PEACE model.

Mindset and application: Investigative interviewing fosters a safe and supportive environment, encouraging voluntary and accurate disclosures. It is applicable not only in criminal investigations but also in workplace disputes, journalistic inquiries, and academic research.

What is the difference between interrogation and investigative interviewing?

The main difference between investigative interviewing and interrogation lies in their respective mindsets. Investigative interviewing is based on the premise that the interviewee is a potential source of information who may have valuable insights into a case or situation. The interviewer’s goal is to establish rapport and trust with the interviewee, and to encourage them to share what they know in a relaxed and non-threatening environment. This requires a curious and open-minded approach, where the interviewer listens carefully to what the interviewee says, asks follow-up questions to clarify and expand on their answers, and avoids making assumptions or judgments.

In contrast, interrogation is based on the premise that the interviewee is a suspect who has committed a crime or knows critical information that they are withholding. The interrogator’s goal is to break down the interviewee’s resistance and get them to confess or reveal incriminating details. This often involves a confrontational and intimidating approach, where the interrogator uses psychological tactics to manipulate the interviewee’s emotions, perceptions, and beliefs. Common interrogation techniques include making false promises or threats, using physical or emotional stress, and creating a sense of isolation or fear.
Listen to our podcast on Investigative interviewing
Critiques of traditional interrogation methods

The main critiques of traditional interrogation methods often revolve around the ethical, psychological, and legal implications of such practices. Numerous studies and reports from well-renowned sources support these critiques and have led to a growing consensus on the need for reform in interrogation practices, with a focus on techniques that are both effective and respectful of suspects’ rights and psychological well-being. The adoption of evidence-based practices is increasingly advocated within law enforcement communities around the world.

The main criticism are focused around the following issues:

1. Coerciveness and false confessions: Traditional interrogation techniques, such as the Reid technique, have been criticised for their potential to induce stress, anxiety, and psychological manipulation, which can lead to false confessions. Studies have shown that these techniques can be particularly coercive and misleading, resulting in innocent people admitting to crimes they did not commit.

2. Lack of scientific foundation: Critics argue that some traditional interrogation methods lack a solid scientific foundation and rely more on the intuition and experience of the interrogator rather than empirical evidence and psychological research.

3. Violation of rights: There is concern that aggressive interrogation tactics may violate the rights of suspects, particularly the right to remain silent and the right to legal counsel, as guaranteed by legal frameworks such as the Miranda rights in the United States.

4. Impact on vulnerable populations: Certain groups, such as juveniles, the mentally ill, or those with cognitive impairments, are more susceptible to the pressures of interrogation and may not fully understand their rights or the implications of their statements, making them more vulnerable to coercion.

5. Advocacy for reform and best practices: In response to these critiques, there has been a push toward more ethical and effective interviewing techniques, such as the PEACE model (Preparation and Planning, Engage and Explain, Account, Closure, and Evaluate), which emphasises communication, rapport building, and obtaining information without coercion.

Mindset matters

The mindset of investigative interviewing is more conducive to gathering accurate and reliable information than interrogation. By creating a safe and supportive environment, the interviewer can encourage the interviewee to share information voluntarily, without feeling coerced or intimidated. This, in turn, increases the likelihood that the information obtained is truthful and complete, and that the interviewee feels respected and heard. Moreover, investigative interviewing can be used not only in criminal investigations but also in other contexts, such as workplace disputes, journalistic investigations, or academic research.

It’s one OR the other

In conclusion, investigative interviewing and interrogation are two distinct approaches to gathering information from interviewees. While interrogation aims to obtain a confession or other incriminating information through confrontational and adversarial means, investigative interviewing aims to elicit truthful and complete accounts of events and feelings through a curious and open-minded approach. By understanding the differences between these two mindsets, professionals can choose the most appropriate approach for their needs and achieve their goals more effectively.

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Resources

“Investigative Interviewing: Strategies and Techniques” by Michael E. Lamb, LaTonya S. Summers, and David J. La Rooy – a comprehensive textbook that covers the theoretical and practical aspects of investigative interviewing.

“Interviewing and Interrogation for Law Enforcement” by John E. Hess – a guidebook that provides law enforcement officers with practical tips and techniques for conducting successful interviews and interrogations.

“The Reid Technique of Interviewing and Interrogation” by John E. Reid and Joseph P. Buckley – a classic textbook that describes the Reid technique, a widely used approach to interrogation.

“Investigative Interviewing: Psychology and Practice” by Rebecca Milne and Ray Bull – a book that examines the psychological principles and best practices of investigative interviewing.

“The Innocence Project” – a nonprofit organisation that works to exonerate wrongfully convicted individuals and improve the criminal justice system. They provide resources and research on investigative techniques, including interrogation and eyewitness identification.

“Police-induced confessions: Risk factors and recommendations.” Law and Human Behavior, 34(1), 3-38 by Kassin, S. M., Drizin, S. A., Grisso, T., Gudjonsson, G. H., Leo, R. A., & Redlich, A. D. (2010).

“You’re guilty, now confess! Why are police permitted to use deceptive interrogation techniques?” by Meissner, C. A., & Kassin, S. M. (2004). American Journal of Public Health, 94(6), 1078-1084.

“Police interrogation and American justice.” Harvard University Press, by Leo, R. A. (2008)

“Youth on trial: A developmental perspective on juvenile justice.” University of Chicago Press, by Grisso, T., & Schwartz, R. G. (Eds.). (2000).

“National evaluation of the PEACE investigative interviewing course.” Police Research Award Scheme, Home Office, by Clarke, C., & Milne, R. (2001).

ChatGPT was used in the creation of this article. Edited by domain experts within investigative interviewing.
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June 26, 2024