What is it about?
This paper describes a study in which U.S. law enforcement investigators were trained and tested in how to strategically disclose evidence in investigative interviews to enhance the integrity of their investigations. We synthesized research-based findings on evidence disclosure and practical experience from conducting robbery and homicide investigations. Based on our insights, we developed a training manual and a 2-day training program for police investigators. The training focuses on systematically exploring plausible explanations to gaps and discrepancies within an investigation in a manner that will assist in resolving them, while at the same time substantiating the reliability of the available evidence. Training tests showed that the investigators followed the training, which reduced their use of risky and problematic interview practices (e.g., lying, bluffing, and baiting with evidence). Further, the training increased their use of productive questioning and effective evidence disclosure strategies (e.g., assessing, ordering, and slicing the evidence for disclosure). This resulted in improved outcomes when interviewing mock suspects.
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Why is it important?
U.S. law enforcement has not yet been provided with interview training that addresses how disclosing evidence can be an integral component in conducting a thorough investigation. The proximity-based evidence disclosure technique will likely assist law enforcement agencies in improving the outcomes of all stages of an investigation, and encourages them to submit cases that are representative of the higher legal standard of “proof beyond a reasonable doubt” that prosecutors are looking for.
Perspectives
This study, and our experiences with training, suggest that prohibiting investigators from using risky interview behaviors (e.g., telling them to stop lying about evidence, stop making accusations, and stop asking unproductive questions) is not enough to lead them to productive evidence disclosure techniques. We also need to train them in alternative evidence disclosure techniques that are effective, evidence-based, and integrated within their practices if we want them to disclose the evidence more appropriately.
Simon Oleszkiewicz
Vrije Universiteit Amsterdam
Read the Original
This page is a summary of: Proximity-based evidence disclosure: Providing an operational
purpose for disclosing evidence in investigative interviews., Psychology Public Policy and Law, July 2023, American Psychological Association (APA),
DOI: 10.1037/law0000396.
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