Communication in Investigative and Legal Contexts Integrated Approaches from Forensic Psychology, Linguistics and Law Enforcement

Communication in Investigative and Legal Contexts

Despite a number of research studies, there remain significant differences of opinion among psychologists, linguists and other practitioners on how best to describe particular types of questions and communicate most effectively in forensic contexts. Communication in Investigative and Legal Contexts brings clarity to the subject by providing readers with in-depth coverage of the complex area of communication in forensic settings, for example during investigative interviewing of victims, witnesses and suspects/high-interest groups, during discourse in courtrooms, and via legal intermediaries and interpreters. Drawing on knowledge from forensic psychology, linguistics and law enforcement worldwide, the text is unique in bridging the gap between these fields in a definitive guide to best practice, with chapters written by teams bringing together expertise and specialties from each field. Part of the Wiley Series in the Psychology of Crime, Policing and Law, the book is also linked to the International Investigative Interviewing Research Group (iIIRG), a worldwide network of interviewing professionals working with international bodies committed to improving investigative interviewing and ensuring all improvements are underpinned by a robust evidence base. Contributors are sourced from North America, Europe, and Asia Pacific, ensuring International relevance.

DR GAVIN OXBURGH is a Forensic and Chartered Psychologist, a Chartered Scientist and a Senior Lecturer in Psychology at Newcastle University, UK. He is the Chair and founding director of the International Investigative Interviewing Research Group (iIIRG; www.iiirg.org). He previously served with the Royal Air Force Police, specialising in the investigation of sexual offences. He has recently developed training for investigators from the International Criminal Court, the United Nations High Commissioner for Refugees and the United Nations Development Programme.

DR TROND MYKLEBUST is Assistant Chief of Police with the Norwegian Police University College (NPUC), a public university conducting research in areas such as psychology, police science and law. He has a background in police work, theoretical and practical experience in forensic psychology and has specialised in investigation and forensic psychology in Norway and internationally. He is a member of the INTERPOL Specialist Group on Crimes against Children and Deputy Director/co-founder of the iIIRG.

DR TIM GRANT is a Professor of Forensic Linguistics and Director of the Centre for Forensic Linguistics in the School of Languages and Social Sciences, Aston University, UK. He has qualifications in both linguistics and psychology and is particularly interested in the interaction between forensic linguistics and forensic psychology. His main research interests are in forensic authorship analysis and the conversations that occur between attackers and victims in cases of serious sexual assault.

DR REBECCA MILNE is Reader in Forensic Psychology in the Institute of Criminal Justice Studies, University of Portsmouth, UK. She leads the distance learning degrees for investigators and police officers and, in 2010, opened the Centre of Forensic Interviewing. She is an Associate Editor of the Journal of Investigative Psychology and Offender Profiling and the British Journal of Forensic Practice. Rebecca works closely with police and criminal justice organisations and is the author/editor of several books.

Notes on Editors ix

Notes on Contributors xi

Series Preface xxiii

1 Communication in Investigative and Legal Settings: Introduction and Contexts 1
Gavin Oxburgh, Trond Myklebust, Tim Grant and Rebecca Milne

SECTION I: Communication, Language and Memory 15

2 Exploring Types and Functions of Questions in Police Interviews 17
Tim Grant, Jennifer Taylor, Gavin Oxburgh and Trond Myklebust

3 Recall, Verbatim Memory and Remembered Narratives 39
James Ost, Alan Scoboria, Tim Grant and Gary Pankhurst

SECTION II: Communicating with Victims and Witnesses 55

4 Interviewing Child Witnesses 57
David La Rooy, Georgina Heydon, Julia Korkman and Trond Myklebust

5 Interviewing Adult Witnesses and Victims 79
Coral J. Dando, R. Edward Geiselman, Nicci MacLeod and Andy Griffiths

6 The Role of Initial Witness Accounts within the Investigative Process 107
Fiona Gabbert, Lorraine Hope, Elisabeth Carter, Roel Boon and Ronald Fisher

SECTION III: Communicating with Suspects 133

7 Interviewing Suspected Offenders 135
Gavin Oxburgh, Ivar Fahsing, Kate Haworth and J. Pete Blair

8 A (Nearly) 360° Perspective of the Interrogation Process: Communicating with High�]Value Targets 159
Fadia M. Narchet, Melissa B. Russano, Steven M. Kleinman and Christian A. Meissner

SECTION IV: Communicating in the Courtroom 179

9 Courtroom Questioning and Discourse 181
Emily Henderson, Christopher Heffer and Mark Kebbell

10 Expert Witness Communication 209
Lorna Fadden and Lawrence M. Solan

SECTION v: Specific Communicative Tasks 229

11 Hostage and Crisis Negotiation, Perspectives on an Interactive Process 231
Ole Andre Braten, Michel St�]Yves, Terry D. Royce and Marty Laforest

12 Verbal Lie Detection 259
Aldert Vrij, Paul Taylor and Isabel Picornell

13 Vulnerable Individuals, Intermediaries and Justice 287
Brendan M. O’Mahony, Ruth Marchant and Lorna Fadden

14 The Interpreter�]Mediated Police Interview 315
Yvonne Fowler, Martin Vaughan and Jacqueline Wheatcroft

SECTION vi: Conclusions and Future 335

15 Improving Communicative Practice: Beyond the Cognitive Interview for Adult Eyewitnesses 337
Nina J. Westera and Martine Powell

16 Communication in Forensic Contexts: Future Directions and Conclusions 359
Trond Myklebust, Gavin Oxburgh, Tim Grant and Rebecca Milne

Index 367

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