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  • Beyond a Reasonable Doubt – episode 03

    Beyond a Reasonable Doubt – episode 03

    Episode 03.
    We’re at a tipping point in interrogation practices – Emily Alison in conversation with Børge Hansen

    Listen

    Emily Alison, a research associate, author and psychologist at the University of Liverpool, discusses the Orbit method (Observing Rapport-Based Interpersonal Techniques) of investigative interviewing and the importance of rapport building.

    The Orbit method is a structured approach to communication that focuses on building trust and understanding with the interviewee, ultimately leading to more accurate and reliable information collection. Alison emphasises the need for interviewers to manage their own behavior and adapt to the communication style of the interviewee. She also highlights the shift towards more scientific and ethical approaches to investigative interviewing, as seen in the UN Manual on Investigative Interviewing release and in the Méndez principles.  

    Alison encourages individuals to embrace the scientific-based approach of Orbit and to prioritise building rapport in all stages of the interview process. 

    Key takeaways from the conversation

    1. The Orbit method is a structured approach to investigative interviewing that focuses on building rapport and understanding with the interviewee. 
    2. Interviewers need to manage their own behavior and adapt to the communication style of the interviewee to get as much information as possible. 
    3. There is a shift towards more scientific and ethical approaches to investigative interviewing, as seen in the UN’s release of the Méndez principles. 
    4. The Orbit model is a practical and scientifically based approach to replace accusatorial interview methods and create solid evidence while maintaining human rights principles.   

    About the guests

    Emily Alison

    ORBIT Creator & Lead Trainer 

    Emily Alison has worked as a behavioural consultant psychologist for the last 20 years, providing treatment in both the criminal justice sector and in the community. 

    She specialises in the assessment and treatment of violence and has worked with over 850 domestic violence perpetrators and designed therapeutic interventions for Domestic Abuse, Child to Parent Violence, Healthy Relationships for Children and Young People, Sexually Harmful Behaviour and Sexual Risk Taking in Adolescents, and Gang and Weapon linked offending. 

    For the last 10 years she has been involved in the development of the Preventing Violent Extremism Tool for profiling potential extremism and the ORBIT framework for Advanced High Value Detainee Interviewing. She has observed over 500 hours of UK police interviews with terrorists, covering a range of ideologies including Paramilitary, Al Qaeda, Right-wing, and ISIS.

    Emily has provided training to a wide range of organisations including the FBI/CIA/DoD, The UKs National Counter Terrorism interviewing cadre and the British Army in the ORBIT framework for rapport-based interrogation methods.

    Watch & Listen

    https://youtu.be/I0djdCZMkdo

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    Transcript

    Børge Hansen 

    Good morning, Emily. How are you today? 

    Emily Alison 

    Good morning. I’m fine. How are you Børge?  

    Børge Hansen 

    I’m good. Outside the weather in Norway where I’m at right now, it’s very similar to the first time we met. We actually met in a very picturesque small town in southern part of Norway where the weather was beautiful and we met for the first time me, you, Lawrence and Norwegian police detective Ivar Fahsing. And we talked about for the first time about the work that you guys have done, the work that we and Davidhorn are doing, and how do we collaborate and work on expanding the field of investigative interviewing?  

    Emily Alison 

    Yes, absolutely. Yes, well, I’m quite jealous then because here in the UK, we’ve had about 10 months of rain and it persists. So I’ve just come in out with the rain this morning. 

    Børge Hansen  

    Yeah. Can you for our listeners, why don’t you give them a little bit of who is Emily Allison? 

    Emily Alison 

    Right. Yes. So there’s a question. So I am a research associate and psychologist at the University of Liverpool. And I have specialized in working on interviewing and interrogation practices for at least the last, well, 20 years really, 12 years by research design. The reason I often have trouble answering that question is I also have a extensive background working in domestic abuse treatment, principally for perpetrators, but also intervention with young people and children and families. And I mentioned that because even though they’re separate areas, there’s a lot of overlap between the different areas that I’ve worked. 

    Børge Hansen 

    You and your husband, Lawrence, for people working in the field. If you search online for your names, quite quickly there’s another term coming up, orbit. And for people who dig a little bit further, as you say, you invested a lot in this.  So why in this field of interviewing, interrogation and all that, have you focused so much on rapport building? And why does the orbit method exist? How did it come about?  

    Emily Alison 

    Right. So basically, Lawrence and I were providing training and input to various police forces. And, you know, my background, which was much more therapeutic, Lawrence’s background, which is really around critical incident decision making, but also we both had elements of communication and in 2012 we had the opportunity through research funding obtained through the HIG, an organization in the US which stands for the High Value Detainee Interrogation Group that rolls off the tongue. 

    Basically, that group was set up under the Obama administration to establish if we are not going to use enhanced interrogation techniques, otherwise known as torture, to secure information from terrorists, then what are we going to use and what science is available to help us solve that problem? 

    So really the HIG is quite a unique organization in that it, well, for many reasons, it is very much focused on using scientific research and then operationalizing that for frontline practitioners. But also it’s a cooperative between agencies who don’t normally work together in such a way. So the CIA, the FBI and the Department of Defense. 

    And interestingly, because it’s a global initiative, we were able to secure some funding to look at what is actually effective in that context. And that is how Orbit came about.  

    Børge Hansen 

    So you looked at past interrogations and interviews and then deciphered what worked and what didn’t work. Is that the case? 

    Emily Alison 

    Absolutely. So in this domain, I mean, that that’s kind of it sounds beautifully simple the way you say it as well. Because one of the issues in this area is that a lot of the research is it’s difficult to access this data. It’s very sensitive data. Agencies often feel very uncomfortable about allowing academic review of it. And so it was a real, again, a measure of the trust in Lawrence and I from our previous years of work with UK policing and their trust in us to allow us to look at actual interviews with terrorist suspects. So all of the data that Orbit is based on, it’s now been replicated on suspects of child sexual abuse and indecent image cases. 

    It’s also been replicated with sexual assault victims by Sungwon Kim, who’s a previous South Korean police officer and researcher. And so it’s all real world data. And that’s actually quite unique in this kind of space where it’s not asking students to pretend to be terrorists and get a pizza voucher at the end.  

    Børge Hansen 

    So yeah, so that’s because that’s from my experience where we see that that’s typically how at least investigators or police officers are trained is on other students on more simulations rather on real. And then their training is based on not actual investigation or cases where you investigate actual cases, but rather simulate. What’s the difference here, you think? Because you say you’re based on your methods and then you have to train on them but on actual real world cases.  

    Emily Alison 

    Yeah, I think for me, it’s not to say that there’s no value to be gained from doing that more experimental research with students, because the advantage of that is you can highly control the variables that you’re looking at. But the problem is they aren’t actually, they don’t translate directly to the muddiness and the grayness and the complexity of that real world environment. So, for instance, when you’re looking at there’s a common technique that’s used in interviewing called funneling, which is that you start with a very general series of questions that open up someone’s account. So you say, basically tell me everything you can remember about those events at the weekend. And then you funnel down to more specific questions. 

    Now the problem with that is if you’ve got someone who isn’t highly motivated to resist you, and by that I mean trained in counter interrogation potentially, you know, is going to actually stonewall you and give you complete silence. How will you ask for a general open account from someone and go more specific if that’s what you have in front of you? So it definitely tells you about how people communicate and gives you some principles to do that sort of transferable research. But for us, it was let’s get right in there into the mud and complexity of what this really looks like. Look at what interviewers are doing that is working to secure information. And we don’t mean just any information. We mean information that’s of intelligence value or evidential value. And then let’s also look at what they’re doing that’s getting in their own way. So what is actually stopping that flow of information? 

    In very difficult, challenging context with highly resistant people, you know, people who may be being deceptive, who may, as I say, use total avoidance, you know, turn around and face the wall to people who will actually, you know, want to what we call backfooting. So like verbally attacking the interviewer and what they stand for as a way to distract and get out of questions. And student studies struggle to replicate the intensity and complexity of that environment that officers are actually working in.  

    Børge Hansen 

    So what would you say is the most crucial factor? Is it the interviewer or interviewee in terms of because, you know, you describe situations where maybe, you know, people are, as you say, stonewalling you or all the ways of distracting or voluntarily or involuntarily distracting you for actually progressing with your interview. Is it the interviewee that’s the challenge or is the interviewers?  

    Emily Alison 

    Well, I think that I wish I could say a definitive answer. I think it can be both. But for me, what’s the only factor that you can control? And that’s the interviewer. So it’s the interviewers obligation to manage their own behavior and manage the suspect’s behavior, the detainees behavior. You know, you don’t, so in other words, we know from the orbit model, we’re looking at instinctive patterns of communication. So ways that people respond to each other. That’s why you get this transfer to, you know, all sorts of relationships, how people get on with each other or not. 

    Because we’re looking at that, we can help the interviewer manage pretty much any form of interviewee behavior. And that puts the responsibility on them where it should be. They’re the professional in the room. That is an obligation that sits with them. If the other person wants to be resistant and attempt to conceal or to be deceptive, that’s their choice. The interviewer needs to manage themselves. 

    Børge Hansen  

    So in the material that you guys were researching on, you have all sorts of situations, right? People being collaborative and not collaborative.  

    Emily Alison 

    Yeah, absolutely. So you can get someone who talks loads and is actually really cooperative in police interview or appears that way, but they aren’t actually answering any questions. So all of their responses are relatively vague. They try to distract with other topics. 

    And that looks very different from some of the other situations I’ve described where they may be verbally aggressive or totally silent. You know, these are, these are intense interpersonal challenges that, you know, are pretty unique to that kind of environment. But people might be thinking about, you know, if you’re dealing with your teenager and they’re giving you complete silence or verbally attacking you because they don’t want to talk about what you’re trying to talk to them about. 

    Børge Hansen 

    So there’s some parallels. I have a teenage daughter, so I’m eager to learn about how to deal with the rolling of the eyes. my God, as she says. Tell me, so when you started this material, what was the first kind of science that you guys were onto? A structured, because orbit is a very structured method of dealing with various situations. And then, you know, when you’re researching and then seeing what works, it didn’t work. How did that come about? Because, you know, as you decipher through all of this, I remember you said earlier, it was several thousand interviews, right? So kind of deciphering and understanding what happens and because all people are different and situations are different. So how do you categorize and build a structure out of this?  

    Emily Alison 

    Yeah, absolutely. So we’ve coded over 2000 hours of interviews now, of suspect interviews. And when I say coded, we’re doing exactly that, just as you described, we’re looking for what’s the underlying system that sits beneath the styles of communication. And to my mind, like, it is really just putting a kind of structure around those ways in which we communicate and those things that help facilitate communication or build rapport and those things that damage it or get in the way. And so because of that, Orbit is giving you two things. It’s giving you a diagnostic tool where you can look at the person across from you and think, how does this person like to communicate? Do they like things totally upfront? Do they like a more warm social chit chat? Do they actually want the other person to take charge of the situation? 

    So Orbit gives you that kind of interpersonal map and it also tells you how they will react to your response. So in that way, it can give you a strategy going forward. So if you have a issue or a problem that you’re encountering with a particular interviewee, then it gives you a recommendation for how to actually tackle that, that’s going to be suited to that person and their individual style. 

    And that’s drawn from our sort of background, as I say, as psychologists in the foundation principles of social communication, of personality theory. So we’ve drawn on a lot of foundation fundamentals from the literature. So things like Timothy Leary’s interpersonal circumplex, looking at how people react to each other in communication and how that’s influenced by their personality that sits within the model. We’ve drawn on motivational interviewing, which is Rolnick and Miller, and humanistic theories of communication. So more Rogerian like that, which I mean, that’s quite an interesting thing to bring into this space, because Carl Rogers sort of theory, I call him the anti Freud is basically that, you know, the therapist or the person that the interviewer is not the expert on the interviewee. They are. They’re the ones with the information. So if you’re going to unlock that and get them to speak, then you need to understand them. It’s not about you learning a particular trick or a tactic or a deception that you can use on them to get them to talk. It’s you understanding them in such a way that they feel able to communicate. And I know that sounds a little bit, i mean, it’s great for parenting in a more adversarial space that can feel a bit like alien, I think, to officers. But what we’ve said is, what’s the goal of what you’re doing? It’s to get that information.  

    Børge Hansen 

    So you’re applying empathy to the situation, not being sympathetic or agreeing with the interviewer if he’s a suspect. But is applying empathy to the situation you’re in and then building rapport based on that?  

    Well, absolutely. I mean, that’s one of the fundamental principles. We call them the here principles within the orbit model. The first one is honesty. The second one is empathy. And those two are probably the most fundamental to building a rapport based relationship with somebody where there’s trust. 

    Emily Alison 

    and understanding. And that’s what you’re aiming for. It’s not agreement. And just like you say, Berger, it’s not sympathy. You’re not in any way condoning, colluding, making excuses for the other person’s behavior or anything that they say. You’re attempting to understand their mindset, why they’ve chosen to act the way they have, what their core values are, what they care about. And it’s that curiosity. So that’s our sort of tagline is to say, lead your communication from a position of curiosity, not suspicion. 

    Børge Hansen 

    In the past investigators were trained by other investigators and if you failed or didn’t excel, well, then you’re not a people person then. That’s what they said. But you’re taking a very different approach here. This is much more structured than just being, you know, having tricks or being, you know, coached by others. This is a scientific way of, is this for everyone to learn?  

    Emily Alison 

    Yeah, this is, people will often say, well, rapport building is interpersonal skill is like something you either have or you don’t. And there is definitely a sort of baseline measure of whether you have those skills naturally or not. But with Orbit, as I say, because you basically have a roadmap for how to build rapport, what styles of communication are actually going to be effective, that anyone could actually learn. It’s effortful and it does require practice because sometimes you’re having to. So for me, for instance, I’m sure I’m probably giving away my Midwestern roots here, but I can be a bit bossy and I like to be chatty. So for me, that’s my comfort zone. And I know this about my personality. I hate conflict. I absolutely loathe it, but I can do it now. After 20 years of teaching and instructing and researching orbit, if you put me in a conflict situation, I know what I’m supposed to do. to be effective in that kind of zone. And that for me is gold dust because it’s not natural for everyone to be good at all of these different styles, but you can learn it. And for me, that’s a revelation to think, well, I don’t actually have to be uncomfortable in those situations because this is helping me understand what to do. 

    Børge Hansen 

    What separates_ So, as you said, it’s interpersonal skills. Who would typically struggle with learning and who excels at learning this? Because you guys have trained quite a lot of people now throughout the years. What’s the pattern here? Who excels and how do people struggle with this?  

    Emily Alison 

    Well, it’s a very individual thing. So one of the first things that we do with people is to and you can actually, we do have a link that we’ve just put on our website, which is www.orbinterviewing.com. It’s a link to a communication questionnaire that kind of tells you. So building self-awareness is the first thing, and it tells you, these are the things that you’re very good at, where you’re naturally comfortable, and these are the things you will struggle with, or where you will actually damage communication. So if you’re going to go bad, what does that look like for you? So that’s kind of where we start and that’s so different for everyone. I would say that when people have been indoctrinated into a system that is very formulaic that almost takes the humanness out of communication, that is often a problem. 

    They’re so locked into procedure and structure, which is important. It’s important in these professional spaces to have structure. However, if that’s to the detriment of building communication and connection, then you’re going to massively limit the amount of information. Think about when people, if you go to the doctor’s office and they have a, you know, say they’re doing an assessment with you about potential issues around, I don’t know, diabetes or, you know, anything. It could be that they’re trying to assess. If they work through that as a checklist in a formulaic way, even if you have something you are concerned about or that you think might be true, you might hesitate or be reluctant to say it because it’s just quick, quick, quick onto the next question. Do you know the answer to that or not? And you don’t really have time to reflect or think or consider, actually I might disclose that even though it’s a bit sensitive. So I think we’re often trying to bring people back to their humanness in their communication.  

    Børge Hansen 

    So in some ways with the Orbit framework, to be a good interviewer, you have to start with yourself and be self-aware of who you are and how you’re perceived by others. Is that the way? 

    Emily Alison  

    Yeah, absolutely. Yeah, for sure. And I think, I mean, that’s, we could link that to what makes you good at empathy. So empathy is built in three stages, really. The first is, do you actually understand your own thoughts and feelings about things? And if you can’t articulate that, that’s already limiting. And then the second stage is, can you see things from other people’s point of view? If you were in their situation? 

    How would it make you feel? What would you think? But we’re talking about third stage empathy, which is kind of what I call clinical cognitive empathy, which is if I were actually you. So to do that, I’d have to consider, I mean, I know a little bit about, you know, your background and where you grew up and things like that, but I have to try to imagine, well, if I had had those experiences, would I? 

    Would I make those decisions the same things that you’ve done? And that’s why it’s so challenging. It is a definite expertise to be able to do that with people.  

    Børge Hansen 

    So by applying that, you know, advanced level of empathy, you are able to connect better with people and then that’s the means to an end. So one mean one way of getting, you know, building reports so that people can connect to you and then you can have a conversation. Is that it?  

    Emily Alison 

    Yeah, I mean, in one of the ways we often talk about this is that the other person feels seen by you. So it’s not actually, sometimes there’s this stereotype of rapport that it’s like, we’ll find, we’ll find some connect. Cause I grew up in like tiny remote snowy place. And I know so did you. I could try to sort of say, well, that makes us the same. you know, and isn’t that a connection? And that’s nice. And it is genuine. If I lied and I actually grew up in New York City and I tried to bluff you, that’s where it becomes a trick. Whereas what we’re saying with rapport building is it actually doesn’t matter whether you and I have similarity or not. I need to just try to understand things from your perspective. 

    That’s easier if we have some shared experiences than if we don’t. But if we don’t, I can still put myself in that mindset of trying to see things from your point of view. And the point I was going to make about that was when you’re able to do that and do it well and see what someone cares about, values, what they think and feel about things, they feel seen by you. Now that’s important. 

    Because it builds connection with relationships that matter to us that people were close to. But in a suspect interviewing environment, when someone feels seen by you, it’s harder for them to lie. And that is an advantage. So once they feel seen genuinely by you, it’s harder for them to be deceptive when you then ask those upfront direct questions.  

    Børge Hansen 

    You guys have, you know, in orbit there’s a, like a quadrant or a circle with four quadrants there. And then you put some animals to the different behavioral types. Could you just talk a little bit about that? Because you have everything from mice to dinosaurs there.  

    Emily Alison 

    Yeah. The animals is a slightly, it came about because I was doing this communication work with families after violence and trying to rebuild communication between parents and children. After there had been quite a lot of trauma in the household, but this was a way that I could teach even, you know, a five or six year old communicate sophisticated communication skills. So it would be a which animal is mommy most of the time? Is she a bossy lion? A shy mouse? Is she a cheeky monkey or a scary T rex? Which animal is daddy? Which animal are you? And I use the animals just as monikers, but then our professionals sort of grabbed hold of it and said, look, we love that. It makes it easy to remember because what you’re actually. 

    Børge Hansen 

    So the animals stuck.  

    Emily Alison 

    Yeah, yeah, exactly. People like it. But then we end up saying, well, you know, what are you? What area do you like? So like the way I describe myself, I’m lion monkey. So I like things to be warm and friendly and conversational. And I can be a bit bossy and like to be in charge. Just ask my teenager. But then other people like to be on receive. They like to listen. They like to be more in the background. And other people like the sort of T -Rex mode, which is, I mean, that’s definitely Lawrence. We always laugh because we’re total opposite. 

    You know, he has no problem with conflict and dealing with that like really well, very assertive, confident, frank, forthright and direct. And those are all different interpersonal skills, some natural and some you have to work at. But that’s the sort of model that we start with, which is what’s your style? What’s the person across from you? What’s their style and what is actually going to match best?  

    Børge Hansen 

    It’s a way of navigating or categorizing different types of behaviors and then also how to respond.  

    Emily Alison 

    I would definitely say navigating because it does have a flow. So we’d say in the same conversation, you could find yourself moving around that framework, which is why we sort of say it’s that diagnostic initially, but then it’s a map. It’s a roadmap for where do I need to take this communication? So if I have to have a difficult conversation about something, I know I’m going to have to be frank and forthright. What response is that going to get? I can use the map to predict and then manage it. So it is quite empowering to think, you know, especially for those awkward communication situations, you have to ask people for money back or you have to tell, you know, I think we’ve got one in the book, which is you have to tell your dad that you know, he may have to give up his driving license, your elderly father. And like, that’s an awkward, difficult conversation. It’s quite emotional. How do you have that conversation and have it well so that it doesn’t damage your relationship with each other? 

    Børge Hansen  

    If we shift gears a little bit, so Orbit and rapport building is crucial for interpersonal connections. And then just recently we know that the UN has released a manual for investigative interviewing in criminal investigations. How do you see Orbit in the context of investigative interviewing. And we see a lot of the investigative interviewing practices started in the UK. There was some Nordic work being done. And then it’s now part of UN Mendes principles. The Manual has come. Where do you see Orbit? And how do you see the flow now for what’s happening in the world with more and more focus on these types of investigations. What’s your observations first of all? You’ve been in the field for quite some time now.  

    Emily Alison 

    Yeah, I think that for me it’s such an important movement to be taking place. And it does really feel like we’re at this sort of tipping point around interview practice globally. Because there’s more awareness of what is happening in various parts of the world. And I include North America in that and the use of more accusatorial, coercive or deceptive methods. So I’m sure you’ll be aware of the legislation that’s currently sort of sweeping its way across the US, outlying the use of deception in interviews with juveniles. I mean, that barely seems like a sentence you should have to utter which is basically the police shouldn’t be allowed to lie to children in interview. And yet that is something… Because one of the principles you had was being honest.  

    Børge Hansen 

    So basically, legislation allows you to actually break that connection with your suspect or witness.  

    Emily Alison 

    Well, absolutely. And to an extreme level around implying inconsistencies in their account that aren’t backed up by evidence implying the evidence exists you know or strengthening evidence that when that isn’t there you know seeing your DNAis at the scene and things like that when it’s not i mean you shouldn’t really be we would argue and even globally that there’s plenty of evidence to say you don’t need to do that at all to get information and in fact the fundamental difference, I think, with this is that, and which the Mendes principles bring about, is this removal of externally pressurizing tactics. That the point of an investigative interview is to investigate. So it’s not for me to seek a confession. So the goal is information and an account that I can then test against the evidence. So whether you lie to me or not, I don’t care. I will test whatever you say against the evidence that I have. And that surely is the definition of investigation. And yet, so I think there is this issue where in more accusatory methods, there’s these externally pressurizing tactics that are used to try to secure confession. And that to me is the problem. I mean that’s the fundamental issue. So then you’ve asked me, where does Orbit fit in this framework?  

    Børge Hansen 

    I’m sorry, but you know, I think, so this is my personal experience, I think we as humans, you know, we are biased and then we, when we, you know, think one and one adds up to become two, we kind of go for it. And then that’s, you know, when you talk about accusatorial methods, that’s where you kind of say, I believe that your guilt is I’m seeking out to prove that right. And that’s an intuitive way for us humans, because seeing is believing and we have a bias and you know, it’s intuitive. So what you’re, you know, working on investigative imaging that’s kind of more, it’s in some way counterintuitive.  

    Emily Alison 

    In some ways in that you, well, you aren’t allowed to make up your mind until you know, until you genuinely know, until there is no other alternative. And sometimes, you’re not going to achieve that level. It’s on the balance of evidence. The whole point is if you’re being objective and coming from that position of curiosity rather than suspicion, then you should be able to suspend that bias that or at least try to mitigate it. Cause you’re right. You know, it’s, it’s often unconscious. You can’t help, but think what you think about the situation, but we’re trying to put in principles that actually counter that natural bias and give you some objectivity to operate from because we know countless cases where you could get 100 people to look at it and 98 % of them would say, I know what’s happened here. And it’s not actually accurate. It’s not the truth. I mean, in fact, we were just out in California doing some training and presenting at a symposium around interview practice. 

    And at the same symposium were the couple involved in the American nightmare case, which again, you know, is really popular on Netflix. That’s loaded. People watched it. But that case is a case where I think you could show, you know, a hundred people that case and they’d think, I, you know, that looks suspicious to me. I don’t think that’s true. But instead of operating on what’s going on here, the investigators decided. 

    I know what’s happened. I’m 100 % certain what’s happened and I’m going to pursue that to the exclusion of any other potential explanation. And the consequences of that were catastrophic and heartbreaking. So I think for me, it’s that, and to be fair, that’s not their natural mindset. It’s actually one that’s been trained into them to decide and then to pursue, to pursue that narrative, that confession, you know, it’s literally built into the system, but has no science behind it. So for us, it’s part of orbit. I mean, you asked me how sort of orbit fits into this. And for me, it is that it is bringing a framework for investigators. If we’re going to say, stop using this method that is confession driven, that is bias, that is led by suspicion and confirmation bias instead of science. Then what are we going to do instead if we’re going to take that away from you, which I agree, you know, the Mendes principles is an important platform to say these are the operating principles. But investigators will say, well, how am I supposed to get in there then? How am I supposed to get what you say I’m there to get, they won’t tell me anything. And what we’ve demonstrated with Orbit is using these kinds of communication strategies generates internal pressure. So in other words, if I haven’t done anything, I’m innocent and I’m in a police interview. 

    I might just naturally feel external pressure. I might feel intimidated by that environment and a bit frightened, but I won’t feel internal pressure because I haven’t done anything. So inside I’ll only tell you everything that I can because I haven’t done it. Whereas if I am guilty, I might feel the same natural external pressure, but the Orbit principles try to mitigate that external pressure by creating honesty, empathy. 

    You know, all these sorts of principles. And instead it generates internal pressure, which is that I’m finding it very hard to continue to be deceptive or to conceal the actual truth of what’s happened. So, and that absolutely is how it should be. It should be that I don’t tell you something because you pressured it out of me. I tell you because I feel enough internal pressure that I feel I have to explain myself. That should be why someone confesses, not because you force it out of them.  

    Børge Hansen 

    Would you say that Orbit is a scientific based method about rapport building, but it’s also investigations. You have to kind of unlock your own bias and then look at the case from many different sides and have an open mind approach to everything. Is it a scientific approach for doing interviews on a whole? Do you think it’s the solution for? I would. 

    Emily Alison 

    Well, I would absolutely say, I mean, it’s not an interview structure models like, you know, sort of piece or frameworks like that, that are sort of breaking up the chunks of an interview, the different phases of an interview. And in fact, what we’ve said is the issue is that rapport was kind of often stereotyped as what you do at the start. You know, I ask you how you slept, I ask you if you want a cup of tea, and that that is such a simplistic view of rapport. That is not what we’re talking about when we talk about rapport. We’re talking about actually building genuine trust and connection with the other person. And that is something that is relevant to every stage of the interview. So whether you are in the initial stages of getting an open account, whether you are actually presenting evidence to the individual, we’ve said rapport always massers to the interview. And in fact, a lot of the offensive areas that we work in, it’s not just the offense in front of you. It may be all of the other behaviors that this individual is involved in, whether that’s terrorism, indecent image, rings of offenders, et cetera. So my attitude when we’re training with police officers just to say, do you want them for the thing you have in front of you? Or do you want them for everything that they are actually involved in? And that that that’s what we’re aiming for. And if you want that, then you don’t get to burn the rapport bridge. You don’t get to do the Hollywood slam it on the table and gotcha as psychologically satisfying as that is to the investigator. You just don’t get to have that moment. 

    You know, you can have it outside the room, but you can’t have it in the room.  

    Børge Hansen 

    You talked a little bit about accusatorial methods earlier, and then we talked about the Mendez principles. If you go back to what kind of cultural shifts do you see across the world right now? Because I know you train in Europe, but you’re training in the States and probably elsewhere in the world. How do you see the world changing now? 

    And where do you see these kind of techniques? Or are there environments where people struggle more with this because they train more for other ways of working?  

    Emily Alison 

    Yeah, I think, I mean, I sort of described it as a tipping point. And that kind of means we’re at the crest of the wave. So it’s quite frothy. There’s a little bit of a global bun fight going on between these sort of different approaches. I feel like that’s natural. However, you know, what I would hope and certainly aspire to is that science will win, which is that I understand there’s a reluctance to let go of historically used techniques or methods that people feel, well, that’s worked for me. And you know, it’s very, it’s, you have to accept accusatorial or coercive methods whilst they, you know, we hear that and know that it runs the risk of false confession. It’s also gotten plenty of true confessions out of people. So people feel reinforced by that and think it’s, well, it’s worked. So, but, but for me, it’s sort of supporting people to say, you know, embrace that advance, embrace what knowledge is telling us, you know, change as the knowledge base is changing. And you would do that in any form of policing. So whether it’s digital forensic analysis, it’s blood spatter analysis, it’s, you know, DNA technology, as these things have become more and more advanced and refined, practice has changed with it. Why wouldn’t we do that with interviewing. Why would we just say, well, you’re either a person or you’re not, you know, we know way too much about how to do this job well and effectively to still pretend that we just have to wing it on the basis of, you know, what somebody’s been doing for 20 years. There’s enough science to tell it to point us in the right direction, I think.  

    Børge Hansen 

    So how do if if a man, a police officer investigator, I mean, or even a parent understanding, okay, I’m going about this in the wrong way. I’m curious to learn about this science -based proven method of how to build rapport and investigate better. How do I get started? What’s your advice to get started? People are curious about this.  

    Emily Alison 

    Well, as I say, it is part of that self -awareness. It is understanding the principles objectively. That’s the main thing for me is that it does remove your emotional impulses out of it. And it says this, you’re still allowed to have those emotions, but they might not actually be helping you achieve your goal. So for instance, say you want your teenager, I mean, this has been a horrendous time for young people as well, kind of post pandemic has made them feel very isolated, avoidant. If what you’re wanting is to sort of encourage your child to, you know, go out, embrace the world, go to university or whatever, you have to have that conversation from a position of trying to understand them, not just ordering them and telling them what to do. So for that purpose, you have to actually be prepared to put the work in and the patience to do things this way, understanding that it will give you that long -term connection, bond, trust between you and your child or you and whoever it is that you’re trying to build that relationship with. And that is massively effortful. So I think that’s probably a good place to start is of thinking who actually do I care about enough that I want to put this work in? To being able to do this in this way, because it is effortful and there will be slip ups. I mean, Lawrence and I have been doing this for 20 years and we still will regularly mess up and also tell each other when we mess up. So also I think that’s the other thing is like, if you are trying to do the right thing and do this in the right way as much as possible, it will protect you from those excesses. And that’s my main thing. For people using it individually, that’s great. For people using it professionally, you should have a system or organization that supports you doing things in the right way, not teaches you how to do them the wrong way, and then you have to overcome it or undo it. 

    Børge Hansen 

    Good to hear that you guys are human as well and then you can miss that because I know it’s hard work to learn this and you will make mistakes here and there. And then as you say, with the right training and surroundings, you could learn from your mistakes and improve. So what’s next for the Alisons now? What’s up?  

    Emily Alison 

    I think we’ve not had a proper holiday for about five years, so maybe that. 

    But it doesn’t look near on the horizon. I think for us, we have a number of things where we are tackling, in particular, these accusatorial methods used principally in North America, also elsewhere in the world. And we feel like we, without even quite trying, we’ve ended up squared up in that fight is important to me as a citizen of the world, but also of the United States by birth to try to promote that positive change. I think it pains me to see, this is what I said at this conference in California. I said, please don’t misunderstand that we are about you doing this or changing your style because of the person across from you. 

    That’s important in terms of how you treat someone who is actually in your custody. But oftentimes the person across from these people have done horrific things, horrendous things to other human beings. But my issue is to also say this is about you and how you see yourself and you surely should not reduce yourself, compromise yourself, undermine yourself for a job where you are trying to do the right thing, you know, see justice done, be the hero, and suddenly it’s turning you into the villain. So for me, it is really a bit of a mission. I think I said after that, I said, I feel like for the last 20 years, we’ve maybe been tilting at windmills. Well, we’re about to blow the windmill up. So I feel quite optimistic about that. 

    Børge Hansen 

    This is really cool. Well, I wish you all and ourselves best of luck in Europe and supporting you and on the mission that you guys have. I think it’s the right mission. I think we’re all cheering and supporting you all the way. Thank you, Emily, for being on the podcast and good luck.  

    Emily Alison 

    Thank you very much. And same to you, Børge. Thank you. 

    Read more

    July 22, 2024
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    July 17, 2024
  • Revolutionising police interviewing: The Méndez Principles and modern policing

    Revolutionising police interviewing: The Méndez Principles and modern policing
    Welcome to the second episode of "Beyond a Reasonable Doubt”. In this session, Dr. Ivar Fahsing sits down with Prof. Juan Méndez, a renowned human rights advocate and former UN Special Rapporteur on Torture. Recorded in New York during the launch of the UN Manual on Investigative Interviewing for Criminal Investigation, this episode offers a deep dive into Prof. Méndez's crucial role in shaping guidelines that integrate police interviewing techniques with human rights standards. Join us as we explore the ethical transformation of modern policing practices, underscore the prohibition of torture, and discuss the global impact of these changes. Prof. Méndez's insights into the evolution of legal standards and his personal experiences enhance our understanding of the delicate balance between effective law enforcement and the preservation of human rights.

    Revolutionising police interviewing: The Méndez Principles and modern policing 

    Second episode of the podcast “Beyond a Reasonable Doubt” is out now.

    Listen

    In the second episode of “Beyond a Reasonable Doubt“, we are privileged to present a conversation between detective and academic Dr. Ivar Fahsing and Prof. Juan Méndez, a legendary figure in the realm of human rights.

    Méndez, a former UN Special Rapporteur on Torture, has been instrumental in shaping guidelines that have significantly altered the landscape of police interrogation and interviewing across the globe. 

    Who is Juan Méndez? 

    Prof. Juan Méndez’s journey as a human rights advocate is both profound and inspiring. Born and raised in Argentina, Méndez witnessed firsthand the atrocities committed under military dictatorship, where torture was rampant. His personal experiences and legal background propelled him into a lifelong quest against torture, eventually leading him to serve as a global advocate and an influential figure in the United Nations. 

    His work culminated in the development of the Méndez Principles; a set of guidelines designed to ensure that police interviewing techniques comply with international human rights standards. These principles emphasise the prohibition of torture and psychological coercion, advocating for methods that respect the dignity and rights of all individuals. 

    Fahsing and Méndez in New York

    The impact of the Méndez Principles 

    During the podcast, Méndez discusses the significant impact these principles have had on global policing standards. The conversation reveals how traditional, coercive interrogation tactics not only fail to comply with ethical norms but are also ineffective and can lead to false confessions and miscarriages of justice. The Méndez principles offer a framework that helps police forces shift towards more humane and effective practices. 

    Why listen? 

    This episode is crucial for understanding the intersection of law enforcement and human rights. It highlights the necessity of ethical standards in policing, not just for the sake of compliance but because humane practices lead to more effective law enforcement. For Davidhorn, a company working with recording police interviews, this discussion underscores the importance of transparency and ethics in every interaction within the criminal justice system. 

    The takeaway 

    “Beyond a Reasonable Doubt” with Juan Méndez is more than just a podcast episode; it’s a call to action for reforming interrogation practices worldwide and turning them into investigative interviewing. It serves as a reminder that change is possible when we commit to upholding the dignity and rights of all individuals in the pursuit of justice. 

    Whether you are a legal professional, law enforcement officer, a student of human rights, or simply a concerned citizen, this episode offers valuable insights into how we can all contribute to a more just and ethical world. 

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    July 8, 2024
  • Beyond a Reasonable Doubt – episode 02

    Beyond a Reasonable Doubt – episode 02
    Welcome to the second episode of "Beyond a Reasonable Doubt”. In this session, Dr. Ivar Fahsing sits down with Prof. Juan Méndez, a renowned human rights advocate and former UN Special Rapporteur on Torture. Recorded in New York during the launch of the UN Manual on Investigative Interviewing for Criminal Investigation, this episode offers a deep dive into Prof. Méndez's crucial role in shaping guidelines that integrate police interviewing techniques with human rights standards. Join us as we explore the ethical transformation of modern policing practices, underscore the prohibition of torture, and discuss the global impact of these changes. Prof. Méndez's insights into the evolution of legal standards and his personal experiences enhance our understanding of the delicate balance between effective law enforcement and the preservation of human rights.

    Episode 02.
    I’d rather be called naive than tolerant of injustice – Juan Méndez in conversation with Ivar Fahsing

    Welcome to the second episode of “Beyond a Reasonable Doubt”. In this session, Dr. Ivar Fahsing sits down with Prof. Juan Méndez, a renowned human rights advocate and former UN Special Rapporteur on Torture.

    Recorded in New York during the launch of the UN Manual on Investigative Interviewing for Criminal Investigation, this episode offers a deep dive into Mr. Méndez’s crucial role in shaping guidelines that integrate police interviewing techniques with human rights standards. 

    Join us as we explore the ethical transformation of modern policing practices, underscore the prohibition of torture, and discuss the global impact of these changes. Prof. Méndez’s insights into the evolution of legal standards and his personal experiences enhance our understanding of the delicate balance between effective law enforcement and the preservation of human rights. 

    Key takeaways from the conversation

    1. The UN Manual on Investigative Interviewing for Criminal Investigations aligns police interviewing techniques with human rights standards. 
    1. The manual aims to make police work more effective and compliant with international law, particularly the prohibition of torture and coercion. 
    1. The Méndez principles played a crucial role in the creation of the manual and provide a policy document for national-level implementation. 
    1. Empathy and effective communication are essential in gathering accurate and reliable information during interviews. 
    1. The Fruit of the Poisonous Tree doctrine puts pressure on the police to obtain evidence legally and prevents the use of evidence obtained through illegal means. 
    1. Ethical interviewing practices are crucial in building trust and confidence in the criminal justice system. 

    About the guests

    Prof. Juan Méndez is an Argentine lawyer, former United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and a human rights activist known for his work on behalf of political prisoners.
    Initiator of Principles on Effective Interviewing for Investigations and Information Gathering (Méndez Principles).

    Dr. Ivar A Fahsing is a Norwegian detective chief superintendent and associate professor at the Norwegian Police University College. Co-author of the UNPOL manual on investigative interviewing in cooperation with the Norwegian Centre of Human Rights.

    Listen on Youtube

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    Transcript

    Davidhorn  

    Hi everyone, I’m Børge Hansen, CEO of Davidhorn and welcome to the second episode of Beyond a Reasonable Doubt. We are absolutely thrilled to have an incredible conversation hosted by Dr. Ivar Fahsing with Prof. Juan Méndez the legendary human rights advocate and former UN Special Rapporteur on torture. 

     We caught up with Prof. Mendez in New York during the launch of the groundbreaking UN Manual on Investigative Interviewing for Criminal Investigations. 

     Get ready to deep dive as we explore Prof. Méndez’s pivotal role in creating guidelines that align police interviewing techniques with human rights standards. We’ll discuss the ethics of modern policing, and we’ll reinforce the absolute ban on torture. It’s an inspiring and fascinating conversation you don’t want to miss. 

    Let’s get started. 

    Ivar Fahsing 

    We are meeting at the launch the new UN manual on investigative interviewing for a number of police chiefs from around the world. And I remember… 

    You have to correct me if I’m quoting you wrong now, but when this manual was validated in November, you were part of that validation meeting.  

    Juan Méndez  

    Yep.  

    Ivar Fahsing 

    And I remember you said something like this, that. I think initially I said that if it wasn’t for the Méndez principles, it would be harder to get this UN manual. But then you said something that you kind of turned it around and said, the manual validates the principles. So I was thinking that could be an interesting start of the conversation. If you agree, if I’m quoting you correctly? 

    Juan Méndez 

    I think you are. In my experience, at least, you know, I first published my report to the General Assembly, it was my last report because my term was coming to an end. And I had consulted with a number of people before writing the report. And on that occasion, I called for a protocol because that was my, you know, my legal bias to call it a protocol. 

    But the idea was to have a set of guidelines that the police could use to make the work more effective, but also more compliant with the international human rights standards. And particularly the standard of the absolute prohibition of torture, of psychological torture, and of any coercion. Because all of that is part of international law. 

    And that immediately when that report was published and discussed at the General Assembly, this is October. And we got such a good reception, in part because we had calls on some very good specialists to do the early consultation that helped me draft the report and among them Asbjørn Rachlew, Mark Fallon, a lot of very good people. And so we already had an audience. I mean, they had been part of it to begin with, but the UN police actually picked up on it very early. 

    There was so much interest that we had a meeting about how to, you know, take it from there and produce something along the lines of what I had suggested we needed. And the UN police was there from day one. 

    As it happened, I didn’t know about it, but they were also working on what is now the UN police manual. 

    And as we worked on our principles, there were parallel contacts between UN police and us. And so the ideas were very much shared. I mean, we all agreed that we needed a set of guidelines and that the set of guidelines should be based on the 30 or 40 years experience of people who had looked at this and had published and researched about how good police work can be done that is compliant with human rights standards, guarantees all the safeguards that suspects should have in a democratic police environment or criminal justice environment and at the same time provides a positive and affirmative vehicle for police to do its work more effectively than relying on coercion and things like that that have been proven to be counterproductive.  

    Ivar Fahsing 

    Absolutely. So if you look at the relationship then between the Méndez principles can be seen more as a policy document on a national level. 

    Juan Méndez 

    Yeah.  

    Ivar Fahsing 

    Whilst the UN manual for how to do interviews is more a guidelines for practitioners.  

    Juan Méndez 

    Yes. Well, I mean, the principles that we decided in the steering committee and the advisory group, you know, we took about 100 people involved in this exercise and took us about four years. We decided to distill the fundamental principles of methodology that has already been proven to be the right one and has been studied also. So we basically did not want to adopt one standard or, you know, this is the way the Norwegian police does it or the British police does it. We kind of condensed and distilled the fundamental principles knowing that that is not enough to be a training manual. That a training manual has to observe those principles but go beyond them and have much more in the way of methodologies of training and even details about where to sit and how to approach the first questions and then wait for answers, things like that. 

    What we were trying to accomplish, it was not necessary to get into all those details. But we also recognize that our principles require the drafting of manuals or proper training of police and particularly of people conducting interviews. In the case of the UN police, they decided to go into more detail, among other things, because the UN Police Manual is like a minimum standard that all contributing police forces have to agree to before they can join peacekeeping operations, for example, and things like that. So in their case, they have to be more detailed and more specific. 

    I think they also benefit from experiences that were already there from literature and training exercises that the Norwegian Center for Human Rights has been conducting for years that of course were beyond what we were trying to accomplish. But I think it was a good coincidence that they were working on something as a kind of minimum standard, but more detailed. And we were working on something that eventually could be considered a sort of non-binding legal instrument, to judge whether, you know, in interviews with suspects, with witnesses, and with victims, was conducted appropriately under, you know, kind of standards that could universalized.  

    Ivar Fahsing 

    Exactly. I think you’re right. I think that’s like my good friend, Asbjørn sometimes like to say is that when you take away a tool from a petitioner, no matter if it’s illegal, it was his tool. So you have to replace it with something that they can use. 

    Juan Méndez 

    Yeah, I heard Asbjørn say you have to give the policeman alternatives. Yes and alternatives that are human rights compliant, but that are also more effective. So you have to start by understanding what the whole purpose of the interview is. And I also heard Asbjørn say the purpose of the interview is to get to the truth. It’s not to obtain a confession, it’s to get to the truth. And to get to the truth while also observing all the procedural guarantees and safeguards. 

    And I think that’s exactly what we are trying to do with this. 

    Ivar Fahsing  

    We have discarded the word truth also, actually.  

    Juan Méndez 

    Really?  

    Ivar Fahsing 

    Because very often when that’s put into practice, that ends up with the police version of the truth. They think they already know the truth. Yes. And they just want you to confirm. So we were at, and this was very important when we did this kind of change in Norway 25 years ago was to say that purpose is to gather accurate and reliable information with relevance to the matter of investigation. So every time they came up some kind of deviant idea, you just kind of matched it towards the purpose. Will this foster accurate and reliable and lawful at behavior or will it do the opposite?  

    Juan Méndez 

    Exactly. That’s why in our principles we talk a lot about avoiding confirmation bias, because you’re absolutely right that perhaps people who conduct interviews pursuant to the old model think that they are after the truth but they’re after the truth that they already think they know instead of letting the facts inform.  

    Ivar Fahsing 

    Exactly. So that’s, it was actually something that just came to us. We didn’t actually really have this strategy about not talking about the truth, but in the end, we just found out that, well, neither lies or truth are really productive way because it’s black and white and it’s probably beyond what you can expect to find in investigation. In investigation, it’s more shades of gray. Which stories are receiving most consistent support and are coherent? With most of the sources of evidence. And is that coherence strong enough that you can say it goes beyond a reasonable doubt. So this is the way we just naturally found out we need to have this new way of thinking about what the purpose is. And that was so useful because everybody agreed on that purpose. And then we can just use that every time you came to a difficult discussion: well, will this help this purpose or not? Now that we have agreed on this, that was very valuable for us. 

    I was thinking, Juan, since, you know, you’re not really a fan of the fact that the principles now mostly are referred to as the Méndez principles. The principles real name is the principle for effective interviewing and information gathering. Nevertheless, you played a very important role in creating this set of principles. And that’s mostly what people talk about when it comes to Juan Méndez. But I know that you have been in this game or business for a very long time. And I wondered if it was possible for you to tell a little bit about how did it come around that you actually spent so much of your life in these questions.  

    Juan Méndez 

    I was studying law in Argentina when we were undergoing a certain, you know, period, one of many periods of turmoil in my country. And there were military dictatorships, not as bad as the last one, but not good either. And there were resistance movements and movements using political violence and the response to them was very harsh. And it included torture, very, very significant torture. Not openly and always on denial, but not even making a big effort to deny the torture. And this was true of all of South America and perhaps of other parts of the world as well. 

    And if you were a law student at that was particularly intent on finding a solution to the use of torture. And of course, my first interest was to combat torture as used against a political opponent. 

    It became very clear that it was used against common crime offenders or even suspects of common crime offenders as frequently and even as violently and as brutally as enemies. So, you know, many people in my generation made it a big, you know, kind of north of our activity to combat torture and to combat first by denouncing it and then illustrating methodologies and things like that and insisting of course on legal prohibitions. 

    Denunciations and publicity around them probably played some role but as the political crisis became worse and worse, there was, it was not enough to, to even diminish the incidence of torture. And it came to a point where, you know, you, I and other lawyers and some of us recently graduated lawyers started taking up defenses of people who were accused of crimes against the state and the like. And we felt that one important way to do it was to investigate and denounce the possibility that they had been tortured in order to confess or to obtain evidence against others, etc. And so it was very much a part of our legal strategy to investigate torture. And in, for example, in my hometown, we discovered a couple of places that were kind of like torture settings. 

    They were mostly recreational areas that the police used for themselves for the time. On Sundays, they went with their families. But during the week, because they were kind of secluded and outside, they used them as torture chambers. And of course, we discovered them because common crime offenders came to us and told us. 

    This, you want to find a place, this is where it is. And we actually went with a judge, and we found torture instruments and everything. And so that put us kind of in the limelight. And so at some point I was arrested myself and of course they tortured me as well, you know. And this was already under the latest dictatorship where not only torture, but disappearance of persons and extrajudicial executions became much more rampant. And I was very lucky that they didn’t have much on me. They tortured me, but they didn’t know what to ask, but so I was able at least to sleep at night knowing that I didn’t offer evidence or even information or intelligence against anybody else to suffer the same fate. And besides, my family and my friends who were lawyers like me worked very diligently and put a stop to my torture early enough so that I didn’t have to suffer as much as others on that same stage. But then I went to prison for about a year and a half, and I was not charged with any crime, but I was held under the state of emergency. And a lot of the people who were there with me had the same torture happening to because I was the lawyer and they wanted to consult me about how to improve their procedural situation in the criminal case against. 

    I learned of all kinds of methods of torture and how you can fight them and things like that. And so, when I left Argentina, and I was allowed to leave relatively early compared to other people who were still in prison, and I landed in the United States, I started to try to help the people who were left behind in Argentina. 

    It became a sort of a natural aspect of my human rights work to work against torture. And then I worked for like 15 years for Human Rights Watch and we did a lot of different things but some of them had to do with torture of course and documenting it in our reports. 

    But actually, I became much more focused on torture when I became the Special Rapporteur, many, many years, many decades later. But yeah, I mean, I came to it through this circuitous route and kind of long route, but of course my predecessors in the Rapporteurship and my successors in the Rapporteurship have come at it from different angles. As far as I know, none of them were themselves victims of torture, but they are doing excellent. They were doing and are doing excellent work combating torture as well. 

    Ivar Fahsing 

    You say when I became the special Rapporteur, that for me that is a very, very special position. How do you want to become that? How did that happen for you?  

    Juan Méndez 

    Well, in my case, this was 2010. And by then the Human Rights Council had been already created and the whole way of appointing people to the different special procedures as they’re called uniform. And so when an opening was there, and Manfred Nowart, who was my immediate predecessor, his second term was coming to an end, can’t hold the position for more than two terms of three years each. So the Human Rights Council actually opened the process of asking people to suggest names or to apply themselves. And three NGOs from the South, from Brazil, Argentina, and Chile, suggested my name. And because I had been, for many years, working with Human Rights Watch then with the International Center for Transitional Justice. Then I was at the Inter-American Institute on Human Rights. And I actually had been Kofi Annan’s Special Advisor on Prevention of Genocide. So my background seemed interesting. And so they appointed me. 

    Ivar Fahsing 

    I see. So what do a special Rapporteur actually do?  

    Juan Méndez 

    Well, it’s one of several different thematic Rapporteurships. You know, there’s ex -traditional executions, disappearances, you know, women’s rights. There’s many different, like 40 -some thematic Rapporteurships. 

    Torture is one of the oldest ones. It was created back in 1985, I believe. It was the third one of a thematic nature that was created. The first one is the Working Group on Disappearances. The second one is a Special Rapporteur on Extrajudicial Executions. And the third is a Special Rapporteur on Torture. And before me, there was several, you know, Northern European jurists, very highly respected people who did wonderful work. 

    The four people who preceded me had done such very good work that it was possible to exercise the mandate with just following the path that they had, you know, kind of created for it. 

    It’s a mandate that has a lot of credibility because torture is one of those issues that not even the countries that do torture accept that they do. It is kind of a tribute to how well established the prohibition on torture is that many countries practice it but none recognize that they do acknowledge that they do so they use euphemisms they say it’s all a lie it doesn’t happen it’s not true, but the fact is that at least they don’t defend it and that’s already a good starting point now of course. 

    What my predecessors and I and my successors also have done is to try to apply the prohibition of torture to what the convention says about what constitutes torture. And that includes many different settings and situations and things like that. But in my experience, the setting in which most torture happens, and it’s the most brutal, is in the interrogation phases at the beginning of detention and inquiries into crime, and in my six years, I saw this happen in third world countries, middle-level and highly developed countries, there’s always some excuse for why. You know some harsh treatment is needed. They don’t put torture but enhance interrogation is what the US government said during the global war on terror, for example. The thing is that it’s still prohibited. No matter what the circumstances and what the crisis is, it still shouldn’t be done. And it does seem to happen because of what your colleagues have long studied as a confirmation bias. 

    What really happened and you just need the evidence of it. And if the evidence comes in the form of a confession, that’s the best piece of evidence possible. And that’s why we have so many judicial errors and so many unfair convictions and that then proved to be completely impossible. And so coming up with a better way of doing the inquiries is perhaps the best tool that we have for preventing torture. 

    Ivar Fahsing 

    Absolutely, I completely agree. When we do training around the world we have created a case. We have got police officers and I guess all of us, we learn better by storytelling and cases than just lecturing.  

    Juan Méndez 

    Examples. 

    Ivar Fahsing 

    Exactly. So we have created a case of a missing person case. And I used the missing person because I know that that is the case that have the most possible explanations. It can be nothing. This missing girl can just be sitting in the garage smoking a joint. But she didn’t want to tell her parents. So she’s not missing at all. Or she can have runaway, or dramatic way, or non -dramatic way, or it can be all the way under spectrum to a rape and murder, or kidnapping, trafficking, or whatever. So there are many possibilities here. 

    But very often, and I kind of fueled it, gave some suspicion in the case towards the fact that she was a Kurdish girl and that there had been some problems with her dad. And voila, most of the officers are stuck on the idea that the dad did it. To the degree where one of the Norwegian detectives who was in the sample actually said, the dad did it, lock him up and throw away the key. 

    Juan Méndez 

    Yeah 

    Ivar Fahsing 

    So I think you’re absolutely right that police officers very often have this guilt presumption that’s effective for them. After all, that’s a job to look after crime. Yeah. And we have it somewhere you can understand it that they have the more that has also what that’s rewarded. 

    If you solve crimes, you’re good. If it isn’t a crime, well, there’s no use for you. So it’s an interesting how this really easily can become a self-fulfilling prophecy.  

    Juan Méndez 

    And there’s so much pressure on the police officer to solve crime, quote unquote, that it’s understandable that they cut corners. And even if they don’t think they’re cutting corners, 

    If someone is kind of intimidated by the whole surroundings, and then says, I’ll tell you everything, you just take everything. That’s why I really like this decision by the Supreme Court of Brazil issued a few days ago. Because the majority opinion states very about lower court judges, it’s not a matter of the presumption of truth by what the police says or the presumption that all suspects are always lying to improve their situation. 

    In both cases, you have to have corroborating evidence. And if you don’t have corroborating evidence, you’re not doing your job. You cannot just rely on what is said. 

    I really think that that is a useful thing. I really like the Fruit of the Poisonous Tree doctrine because it does put a lot of pressure on the police to do the right thing and to look for evidence and not to, you know, it actually excludes evidence that may have been formally obtained in the correct way, but it originates on an illegal way of finding. Anyway, I think the fruit of the poisonous tree doctrine is already law in other jurisdictions, but it’s not international.  

    Ivar Fahsing 

    No, not at all. 

    Juan Méndez 

    No, I mean the Convention Against Torture does mandate the exclusion of the confession, but it doesn’t mandate the exclusion of successive evidence. Not yet, anyway.  

    Ivar Fahsing 

    I remember also one of the guys who inspired me when I was starting this work together with Asbjørn in Norway 25 years ago was the reading by the late Chief Justice Earl Warren? 

    Juan Méndez 

    Yeah, of course.  

    Ivar Fahsing 

    I think that was back in 59. Where he said something that, well, one thing about these involuntary confessions is of course their inherent untruthfulness. But the more problematic, even more problematic thing about it is the fact that officers of the law are systematically bridging the law to uphold the law and then in the end it becomes a bigger problem, the problem they actually try to fight. That’s a very well good way of putting it.  

    Juan Méndez 

    Absolutely. I mean, I agree those of us living in the global South where, you know, the state is always underfunded and even the police is underfunded You can understand how they think that they’re upholding the law by breaking the law and then it becomes a vicious circle, you know and the the tolerance for tolerant before torture becomes tolerance for corruption as well. And so, you know, the police tortures the people who don’t have the wherewithal to, you know, bribe them. But they look the other way with very serious crimes when the money is cannot rely on police forces that are so inherently broken down that way. And starting to find a way for the police to recover their standing in society, the respect of the citizenry that they need to have in order to do their job well. Because as I always say, I mean, a police that tortures intimidate a population, but it doesn’t enjoy their confidence. So they cannot really rely on cooperation because they only rely on intimidation. 

    Ivar Fahsing 

    And they are deemed to become a paracast in their own country.  

    Juan Méndez 

    Yeah, or at least they have a very bad reputation. You know, the people suspect that everything that they do is wrong, and at least under suspect motivations, things like that. And that also, you know, kind of this kind of discredit transfers to the whole criminal justice system.  

    Ivar Fahsing 

    Exactly. 

    Juan Méndez 

    Where people start guessing that everything that the prosecutors and the judges do also has some illegal motivation behind. And it’s a vicious circle that’s very difficult to break. But I think starting with a methodology for investigating crime, that gets better results while at the same time respecting the complying with prohibitions on ill treatment. It’s probably one angle to start to recover this kind of civic trust. 

    Ivar Fahsing 

    I would just like to ask you one final question from it is, you know, you have been working with this for a very, very long time. And I’ve been working with it for around 25 years. And sometimes I feel, Ivar, are you a little bit naive thinking that these small efforts that we try to do can actually make this a better world? Do you sometimes think that? 

    Juan Méndez 

    Yeah, of course I think about it. I think in fact that, but I prefer to be called naive than to be called tolerant with their injustice. So I have to keep the faith that there are ways of improving, you know, in discrete and limited aspects, but improving the circumstances that we live in, that because the alternative is to just surrender and think that justice cannot ever be achieved. And in the meantime, I also feel that even for everybody who calls me naive that torture is not inherently necessary in the investigation of crime, I can come back with examples of saying, but look, it results in injustices, it results in, you know, in the justice system having to, you know, throw everything out and release people, maybe people who should not be released, but you’re prejudging and harming the justice system by using, you know, illegal means. And also, and I always insist on this larger point, that for the state to function effectively, and particularly the criminal justice system to function effectively, both the court system, the prosecutors, and the police, have to enjoy the confidence and the civic trust of the population that they serve. And if you jeopardize it by using illegal means, you’re actually doing a disservice to your own mission. 

    Ivar Fahsing 

    Thanks a lot. 

    Juan Méndez 

    No, thank you. Great conversation. 

    Read more

    July 4, 2024
  • A new chapter in global justice: The Manual on Investigative Interviewing for Criminal Investigation has been launched  

    A new chapter in global justice: The Manual on Investigative Interviewing for Criminal Investigation has been launched  

    A new chapter in global justice: The Manual on Investigative Interviewing for Criminal Investigation has been launched

    In spring 2024, the “Manual on Investigative Interviewing for Criminal Investigation” was published, marking a significant milestone in the evolution of global justice systems.

    This manual, the result of a collaborative effort among the United Nations, the Office of the High Commissioner for Human Rights, and the United Nations Office on Drugs and Crime, introduces a transformative approach to criminal investigations worldwide. 

    Revolutionising investigative interviewing 

    Now the Manual has been launched during the UN Chiefs of Police Summit 2024. Juan Méndez, Professor of Human Rights Law, former UN’s Special Rapporteur on torture shared hist thoughts about the publication while interviewed for Davidhorn’s podcast “Beyond a Reasonable Doubt”:  

    Read the Manual

    Summary

    • Launch of 2024 Manual: The “Manual on Investigative Interviewing for Criminal Investigation,” published in spring 2024 by the UN and related organisations, introduces a transformative, non-coercive approach to criminal investigations worldwide.
    • Global standard for ethical interviewing: The manual sets a new global standard, promoting human rights-respecting techniques that enhance the effectiveness of investigations while preventing ill-treatment and torture.
    • Davidhorn’s commitment: Davidhorn supports the implementation of this manual with advanced recording and interview management technologies, helping law enforcement agencies adhere to ethical interviewing standards globally.

    “We needed a set of guidelines, and this set is based on 40 years of experience from researchers who have studied how police work can comply with human rights standards, guarantee all the safeguards that suspects should have in a democratic police environment, and at the same time provide an affirmative vehicle for the police to do their work more effectively than relying on coercion, which has been proven to be counterproductive.” 

    Setting a new global standard for police interviewing techniques 

    The manual establishes a comprehensive framework for non-coercive interviewing techniques that respect human rights and uphold the principles of justice. Its publication is particularly crucial for parts of the world where coercive interrogation practices have still been the norm. By promoting ethical interviewing standards, the manual not only aims to enhance the effectiveness of criminal investigations but also ensures that these practices are grounded in respect for human dignity and the avoidance of any form of ill-treatment or torture. 

    Facilitating a mindset shift 

    The introduction of this manual represents a paradigm shift in how investigative interviews are conducted globally. It moves away from traditional, often coercive interrogation tactics towards a method that emphasises rapport-building, empathy, and psychological understanding. This approach helps to receive more accurate and reliable information, crucial for the fairness and reliability of subsequent criminal proceedings. 

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

    Impact across diverse legal systems 

    The significance of the manual extends across various legal systems, offering a universal guideline that can be adapted to local contexts while maintaining international human rights standards. Countries are encouraged to integrate these practices into their national training programs for law enforcement, ensuring that the principles of ethical police interviewing become ingrained within the fabric of global justice processes. 

    Davidhorn’s role in supporting global justice 

    At Davidhorn, we are committed to supporting the implementation of this groundbreaking manual through our advanced recording and interview management technologies. Our solutions are designed to complement the ethical interviewing techniques advocated in the manual, providing law enforcement agencies with the tools they need to adhere to these standards. 

    Conclusion: a call to ethical justice practices 

    We invite justice systems worldwide to adopt this manual’s guidelines and join us in transforming the landscape of investigative interviewing. Together, we can ensure a future where justice is not only served but upheld with the highest standards of ethics and integrity. 

    Written by:

    Marta Hopfer-Gilles

    ChatGPT was used while creating this post

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    July 1, 2024
  • Beyond a Reasonable Doubt – a new podcast from Davidhorn

    Beyond a Reasonable Doubt – a new podcast from Davidhorn
    Banner for our podcast called "Beyond a reasonable doubt"

    Beyond a Reasonable Doubt – a new podcast from Davidhorn

    Welcome to “Beyond a Reasonable Doubt,” a podcast series that welcomes you into the world of Investigative Interviewing – a non-coercive method for questioning victims, witnesses and suspects of crimes

    Hosted by Børge Hansen, CEO of Davidhorn, this podcast is more than just a show; it’s a journey into the core of justice and gathering facts through unbiased dialogue. 

    Why have we decided to do this? Investigative Interviewing is at the core of Davidhorn’s mission. We are a tech company providing innovative recording and productivity tools for law enforcement to help societies transition from coercive interrogation to investigative interviewing. Our goal is to reduce false convictions, safeguard vulnerable individuals and children involved in crime, and ensure equal access to justice for all.  

    Only knowledge, education and conversation can change the status quo.

    Episode one: The Foundational Fathers of Investigative Interviewing in Norway 

    In our opening episode, we explore the subject in-depth with Dr. Ivar A. Fahsing and Dr. Asbjørn Rachlew, the minds behind Norway’s innovative approach to investigative interviewing. Their stories and insights reveal the extensive effort and strategic thinking required to transform how interviews are conducted in law enforcement, ensuring fairness and preventing wrongful convictions. These pioneers of the method in Norway discuss the importance of sharing their techniques worldwide, reflecting a commitment to fostering peaceful, just, and strong societies under the United Nations’ Sustainable Development Goal #16. 

    Looking ahead: what’s to come in season one  

    Looking forward, the first season of “Beyond a Reasonable Doubt” promises to build a strong foundation by touching on the history of investigative interviewing and how it affects different parts of society. From child and vulnerable witness interviewing with prof. Becky Milne, research on terrorist suspects with Emily Alison and how the techniques of investigative interviewing are being brought out in the world to help build trust towards police globally by the UN, with Gisle Kvanvig from the Norwegian Center for Human Rights.
    Through conversations with these and other respected guests, we aim to cover everything from the subtleties of building rapport in interviews to the use of technology in modern policing. 

    First things first?  

    Why do we focus on foundations before practice? Simply put; to master the art of investigative interviewing, one must first understand its origins and how it has evolved. This approach ensures that as we explore practical applications in future episodes, our listeners have a solid framework to appreciate the depth and impact of these methods. 

    Join us in the conversation  

    Join us at “Beyond a Reasonable Doubt” as we explore how effective communication can lead to justice and trust within communities, highlighting the transformative power of well-conducted interviews. Tune in, ask questions, and discover how the right words at the right time can indeed change the world. 

    Catch our latest episodes on all major podcast platforms and join the conversation about creating a better society through the art of interviewing.

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    June 26, 2024
  • The Thomas Quick Case: a lesson on the importance of ethical investigative interviewing

    The Thomas Quick Case: a lesson on the importance of ethical investigative interviewing

    The Thomas Quick Case: a lesson on the importance of ethical investigative interviewing

    The Thomas Quick case underscores the vital importance of ethical standards in investigative interviewing and the necessity for reliable police recording technology.

    This blog examines Quick’s notorious wrongful convictions due to coerced confessions to numerous murders he never committed. Through this cautionary tale, we delve into the consequences of improper police interviewing methods and the significant role that interview recording could play in preventing such miscarriages of justice. Highlighting the shifts needed in legal practices, the blog advocates for enhanced recording methods to uphold the integrity of investigations and protect vulnerable individuals from undue influence during interviews. 

    Summary

    • Case overview: The Thomas Quick case highlights the severe consequences of unethical investigative interviewing and the importance of reliable police recording technology, with Quick falsely confessing to numerous murders due to coercive interview techniques.
    • Investigative errors: Key errors included leading questions, lack of solid evidence, and no reliable recording equipment, resulting in wrongful convictions. The use of suggestive interview methods and Quick’s vulnerability due to heavy medication exacerbated these issues.
    • Advocacy for change: The blog advocates for the integration of ethical interviewing practices and reliable recording technology, as championed by Davidhorn, to prevent miscarriages of justice and ensure transparent and fair investigations.

    The Thomas Quick saga: a cautionary tale 

    The story of Thomas Quick, is a chilling reminder of the critical role of ethical practices in investigative interviewing. Quick, who confessed to numerous murders he did not commit, became a central figure in a series of wrongful convictions. This case stands as a stark example of the consequences of flawed police interview techniques. 

    The enigmatic case of Thomas Quick 

    Thomas Quick, a Swedish man with the real name of Sture Bergwall, became infamously known for confessing to more than 30 unsolved murders across Scandinavia in the 1990s. He was convicted of eight of them – six in Sweden and two in Norway.  For years he was deemed Scandinavia’s most dangerous serial killer, but then all of the sudden the matter took a dramatic turn when Quick retracted all his confessions, leading to a re-examination of the evidence and eventually, the overturning of his convictions. This case is a bewildering journey through a maze of false confessions and questionable legal proceedings. 

    Investigative missteps unveiled 

    Key errors in Quick’s interviews were marked by the use of leading questions and the acceptance of questionable confessions without solid evidence. These flawed practices, exacerbated by the lack of reliable police interview recording equipment, resulted in miscarriages of justice. Quick’s admissions, largely shaped by suggestive and coercive interview techniques, were accepted without the scrutiny that recording could have offered.  

    Frequently, Quick was under the influence of prescription drugs, rendering him a vulnerable interviewee. From today’s perspective, it is clear that he should have been interviewed in a very different way. First, the police should have used investigative interviewing instead of suggestible interview methods, next all interviews should have been recorded, and finally, much more caution should have been given to the fact that he was under heavy medication during interviews. If fact, getting more drugs might have been his main motivation to keep telling the lies.  

    Discover more about transitioning from traditional interrogation to Investigative Interviewing. 

    The role of recording interviews in preventing false confessions 

    Had Davidhorn’s Investigative Interviewing recording systems been in place, the outcome of the Thomas Quick case might have been drastically different. Reliable and transparent recording of Quick’s interviews and fair interview technique while interviewing a suspect  

    could have provided an objective account, helping to identify inconsistencies and prevent the acceptance of coerced or fabricated confessions. Interview recording technology ensures that every detail of the interview is captured, preserving the integrity of both the process and the evidence. 

    Read more about the role of recording interviews in the UN Manual on Investigative Interviewing.

    Davidhorn’s commitment to ethical interviewing practices 

    At Davidhorn, we recognize the gravity of cases like Thomas Quick’s and the indispensable role of ethical interviewing and recording technology. Our solutions provide an objective, tamper-proof record of interviews, fostering a transparent and fair investigative process. We believe that the integration of recording technology in investigative interviewing can prevent similar tragedies and ensure justice is served through accurate and ethical practices. 

    Want to learn more about how to work with vulnerable witnesses?

    Download our sBook

    Written by Marta Hopfer-Gilles 

    Fact checked by Ivar A Fahsing (PhD) 

    (Chat GPT was used while creating this blog) 

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    June 26, 2024
  • Transforming child interviewing: insights from the webinar on the Barnahus Model

    Transforming child interviewing: insights from the webinar on the Barnahus Model

    Transforming child interviewing: insights from the webinar on the Barnahus Model

    This webinar provides crucial insights into the transformative approaches to forensic child interviewing and the role of the Barnahus Network in child protection, showcasing its growing impact across Europe.

    The session featured Shawnna von Blixen-Finecke, adviser at the Council of the Baltic Sea States and Coordinator of the Barnahus Network, who detailed the Barnahus model’s complexities and its successful implementation in various regions.

    The Barnahus model, which translates from Icelandic as “Children’s House,” is a holistic approach to handling child abuse cases and child witness interviewing.

    Central to this model is the concept of bringing all services related to child protection under one roof, ensuring that children do not have to navigate multiple stations from police to healthcare to social services.

    Summary

    • Barnahus model overview: The Barnahus model, a child-centric approach originating in Iceland, brings all child protection services under one roof to minimize trauma and streamline the justice process for child abuse cases.
    • Webinar highlights: Davidhorn’s webinar, featuring Shawnna von Blixen-Finecke, emphasised the model’s success and adaptability across Europe, highlighting its international endorsements and the importance of maintaining its integrity across diverse legal systems.
    • Davidhorn’s contribution: Davidhorn supports the Barnahus model with advanced recording technologies, enhancing the interview environment to protect children’s psychological well-being and aligning with global child protection standards.

    This setup not only streamlines the process but also creates a more comforting and secure environment for the child. Within the Barnahus, children undergo forensic interviews, medical examinations, therapeutic services, and legal consultations in a single, child-friendly setting. This model minimises the trauma of recounting abusive experiences by reducing the number of times children must tell their stories. 

    The Barnahus Model: a beacon for child-friendly justice 

    Originating in Iceland and now adopted by numerous European countries, the Barnahus model is pioneering a child-centric approach to investigative interviewing. This method significantly reduces the trauma experienced by children during the justice process by ensuring that all services—from legal to psychological—are delivered under one roof and tailored to the child’s needs. The model’s adaptability to different national contexts while preserving its core principles of child protection and dignity was one of the main points of the webinar. 

    International endorsements and expansions 

    The webinar highlighted the model’s international recognition, with endorsements from global entities such as the UN Committee on the Rights of the Child, reflecting its effectiveness and growing relevance. The adaptability of the Barnahus model allows for its principles to be integrated into diverse legal systems, promoting stronger child protection frameworks worldwide. Despite its successes, challenges in implementing the Barnahus model remain, particularly in maintaining its integrity across various legal and cultural landscapes.

    Download our eBook on how to plan a child or vulnerable witness interview room.

    Davidhorn’s role in supporting child-centric justice 

    Davidhorn supports the global adoption of the Barnahus standards through its advanced recording technologies. By ensuring that interviews are conducted in environments that respect and protect the child’s psychological state, Davidhorn is at the forefront of technological advancements that align with the Barnahus model’s goals. 

    Conclusion: a collective move towards better child protection 

    The collaboration between Davidhorn and international bodies like the Barnahus Network exemplifies a shared commitment to transforming child protective services. As the Barnahus model continues to influence child protection standards globally, Davidhorn’s technological support plays a crucial role in facilitating these changes, ensuring that children’s rights and well-being are prioritised in justice processes worldwide. 

    Watch the webinar

    Written by: Marta Hopfer-Gilles

    (Chat GPT was used while creating this blog)

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    June 26, 2024
  • The importance of police interview recording in investigative interviewing

    The importance of police interview recording in investigative interviewing

    The importance of police interview recording in investigative interviewing

    In the landscape of modern justice systems, the practice of recording police interviews has emerged as a vital tool for enhancing transparency and integrity within law enforcement.

    This blog explores the historical development and the pivotal role of digital interview recordings, underscoring their importance in safeguarding human rights and ensuring accuracy in criminal investigations. By delving into the benefits, the practical steps for adopting new technologies, and the challenges encountered, it advocates for widespread implementation of this practice, highlighting how it serves as a cornerstone of fairness and ethical conduct in policing.

    Summary

    • Historical development and importance: Recording police interviews has evolved as a crucial practice for enhancing transparency, integrity, and accuracy in criminal investigations, highlighted by the introduction of the Police and Criminal Evidence Act 1984 (PACE) in England and Wales.
    • Benefits and implementation: Recording interviews safeguards against miscarriages of justice, preserves accurate accounts, aids in training and knowledge sharing, and enhances the ethical standards of the police force. Effective implementation involves high-quality equipment, detailed preparation, and reliable procedures.
    • Challenges and future outlook: Despite challenges like training and information management, the benefits of recording interviews outweigh the obstacles. The practice is supported by international norms, such as the Méndez Principles, and companies like Davidhorn are committed to promoting and facilitating this essential evolution in policing.

    In today’s justice system, the integrity and transparency of law enforcement practices are under ever-increasing scrutiny. At the heart of this conversation lies the critical yet often overlooked tool of digital interview recording during interviews, a measure that serves not just as a procedural enhancement but as a foundational element of Investigative Interviewing, justice and ethical conduct. This blog aims to shed light on the historical evolution of Police Interview Recording, underscore its crucial role in safeguarding human rights, ensuring accuracy in criminal investigations and advocate for its broader implementation across law enforcement agencies. Through exploring the significant benefits, practical steps for effective adoption of new police equipment, and addressing potential obstacles, we underline the essential nature of recording in upholding the principles of fairness and integrity within the justice system. 

    Listen to our podcast on importance of interview recording

    The role of recording in police interviewing techniques 

    In the ever-evolving landscape of policing and criminal investigations, the practice of recording interviews holds a pivotal role, bridging the gap between traditional police interview techniques and contemporary standards of justice and human rights. In the past, relying on notes or simply on the officers’ memory has been harmful not only to the interview, but also to its weight as evidence in court. 

    In the UK The Royal Commission on Criminal Procedure in 1981 set out the problem which it faced in respect of the lack of recording of interviews as follows: 


    “The frequency of challenges to the police record of interviews is said to make it essential to have some sort of independently validated record in order, in the eyes of some, to prevent the police from fabricating confessions or damaging statements, or, in the eyes of others, to prevent those who have in fact made admissions subsequently retracting them. It is the ‘verbals’ which give rise to most concern, that is the remarks which are attributed to the suspect in the police officer’s subsequent note of the interview but which the suspect is not prepared to endorse by making a written statement under caution. Indeed, it is argued by the Circuit Judges that the present methods of recording interviews are themselves the cause of a substantial number of acquittals of apparently guilty defendants. Many of our witnesses also point to the waste of court time caused by disputes about statement evidence.” 

    The turning point came with the introduction of the Police and Criminal Evidence Act 1984 in England and Wales (PACE), which made it compulsory to use recording systems during all suspect interviews. This legislative milestone marked the beginning of a global shift towards standardising the digital interview recording, a practice supported by both technological evolution and a growing recognition of its necessity for upholding justice. Nowadays it is recommended as a best practice to record all interviews including the ones with victims and witnesses. 

    Why record interviews? The cornerstone of justice and integrity 

    Recording interviews serves as a fundamental safeguard against miscarriages of justice, ensuring that the words spoken by individuals during one of their most vulnerable moments in life are preserved accurately. This practice compensates for the shortcomings of human memory, reduces cognitive load on interviewers, and significantly enhances the communicative and methodological quality of interviews. By providing an accurate account of the interaction, recordings can protect both the interviewee from potential mistreatment and the interviewer from unfounded accusations. The presence of a complete and authentic record aids in the investigation of any allegations of ill-treatment and cultivates the ethical standards and integrity of the police force.  

    The benefits of police interview recording extend beyond the immediate context of the interview room. Recorded interviews can be shared in real-time or after the fact, helping to share knowledge among the personnel, bringing in expert input and improving overall decision-making. Moreover, these recordings serve as invaluable tools for training, feedback, research and knowledge-development, ensuring the officers are equipped with the best practices in investigative interviewing.  

    Implementing video recording: a step-by-step guide for effective policing 

    Optimal results of the interview video recording can be achieved through detailed preparation, sound check procedures and the use of reliable equipment. High-quality recording systems that are easy to handle ensure consistency and integrity of the process. Recordings should be made without manipulation, with a focus on transparency and accountability. The use of digital signatures, reliable transferring and archiving procedures further safeguards preserving evidence and ensuring its court-ready evidence status. 

    Navigating the obstacles 

    Despite its clear advantages, the adoption of police interview recording is not without challenges. Training and motivating personnel, managing the transformation and storage of information, and ensuring compatibility across different systems are just a few of the hurdles to overcome. However, these obstacles are far outweighed by the benefits of increased accuracy, efficiency, reliability of testimonies, and the safeguarding of human rights. On top of that an experienced technological partner can help with implementation and training process to make the transition as smooth and bespoke as possible. 

    In conclusion, the practice of recording interviews in policing and investigations represents a critical evolution in the pursuit of justice and ethical standards. As technology advances and international norms shift towards greater transparency and accountability, interview recording stands as a testament to the commitment to uphold the dignity and rights of all individuals within the criminal justice system. The global standard presented in Méndez Principles recommend recording of all the interviews and hopefully as the understanding of its importance grows – more countries will ammend their legislation and practices accordingly.  

    For companies like Davidhorn, embracing and advocating for it is not just a recommendation; it’s a responsibility to the future of policing and the communities we serve. 

    Want to learn more about police interview recorders? Check out our product portfolio.

    Written by: Marta Hopfer-Gilles 

    Fact checked by: Ivar A Fahsing (PhD) 

    (Chat GPT was used while creating this blog) 

    Related products

    • Fixed Recorder

      Fixed HD recorder for high security interview rooms.

    • Portable Recorder

      Lightweight, PACE-compliant interview recorder for any setting.

    • Capture

      Mobile app recorder for capturing evidence on the go.


    • Ark Interview Management

      Receive, monitor, and keep evidence throughout its lifetime.

    June 26, 2024
  • Improving courtroom evidence playback: a guide for law enforcement

    Improving courtroom evidence playback: a guide for law enforcement

    Improving courtroom evidence playback: a guide for law enforcement

    In today’s legal landscape, the accurate recording of interviews with witnesses and suspects is critical for building solid evidence and is increasingly recognised as best practice.

    Recordings not only preserve the evidence in its original state, but also provide a factual record of the entire interaction. Every aspect of the interview – including the setup, participant identities, and all exchanges – is comprehensively captured. This ensures the interview’s integrity and aids in safeguarding against memory flaws. 

    Properly documented evidence is an indispensable asset in court and underscores the necessity of employing reliable recording technologies. 

    Summary

    • Importance of recording: Accurate recording of interviews with witnesses and suspects is essential for preserving evidence integrity and is increasingly recognised as best practice in legal proceedings.
    • Challenges and strategies: Current courtroom setups often face technological limitations that hinder evidence playback quality. Strategies such as using high-quality recording equipment, modernising courtroom setups, and conducting pre-trial checks can enhance playback effectiveness.
    • Davidhorn’s commitment: Davidhorn provides advanced recording technology that ensures court-ready evidence, supporting law enforcement in capturing high-quality evidence and improving courtroom presentations to uphold justice.

    Challenges in courtroom evidence playback 

    There are significant challenges associated with the technological limitations in current courtroom setups. These range from inadequate equipment, leading to poor-quality video and audio, to improperly positioned screens, making it difficult for jurors to grasp the nuances of a witness’s testimony. Such shortcomings can impact the delivery of justice, as jurors might struggle to engage with and accurately interpret the evidence presented. 

    Strategies for enhanced playback quality 

    To address these challenges and ensure the effectiveness of recordings, several strategies can be employed: 

    1. Quality of Recordings: First and foremost, ensure the use of high-quality recording equipment to avoid any loss of detail or clarity. The better the original quality, the less likely it is that issues will arise during playback in court. 
    2. Courtroom Setup: Advocate for modernized courtroom setups that accommodate the latest in display technology. This includes positioning screens in a manner that allows all jurors a clear and unobstructed view, ensuring they can fully absorb the details of the evidence. 
    1. Pre-trial Checks: Conduct pre-trial checks of the courtroom’s audio-visual equipment to identify and rectify any potential issues. Ensuring that all devices are fully functional and compatible can prevent last-minute hiccups. 
    2. Training and Guidance: Provide training for legal professionals on the optimal use of technology in and outside of the courtroom. Understanding how to best leverage recording solutions can lead to more effective evidence presentation and, consequently, a fairer trial. 
    3. Feedback and Improvement: Collect feedback from courtroom experiences to continually improve technology and courtroom setups. This ongoing dialogue between law enforcement, legal professionals, and technology providers is key to evolving courtroom standards.

    Davidhorn’s technology 

    Using Davidhorn’s recording technology, law enforcement agencies can ensure that every interview is captured with audio and video, producing court-ready evidence. Our devices and software are designed to meet legal standards, guaranteeing that the evidence is admissible and respected in legal proceedings. However, while capturing high-quality evidence is critical, its presentation in court is equally crucial. 

    Conclusion 

    As technology advances, so too should our legal processes. By marrying high-quality evidence recording technology with improved courtroom presentation, we can enhance the clarity, engagement, efficiency and fairness of trials. Law enforcement agencies, armed with the right tools and knowledge, can lead the charge in this new era of judicial proceedings, ensuring that justice is not only done but seen and heard. 

    Davidhorn is committed to this vision, providing the tools and support needed to navigate the complexities of modern law enforcement and judicial presentation. Together, we can forge a future where technology stands as a pillar of justice, ensuring every voice is heard and every piece of evidence is clearly seen. 

    Written by:

    Marta Hopfer-Gilles

    ChatGPT was used while creating this post

    Related products

    • Fixed Recorder

      Fixed HD recorder for high security interview rooms.

    • Portable Recorder

      Lightweight, PACE-compliant interview recorder for any setting.

    • Capture

      Mobile app recorder for capturing evidence on the go.


    • Ark Interview Management

      Receive, monitor, and keep evidence throughout its lifetime.

    June 26, 2024
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