Effective use of ground rules in the questioning phase

1
Investigative Interviewing
Effective use of ground rules in the
questioning phase Theory in practice with
Learning disabled witnesses
2
Objectives

• Outline ABE guidance
• Questioning types
• Relevant research findings
• Practical application
• Video clips

3
Achieving Best Evidence(Home Office 2002)

• Ground Rules
• Understanding questions
• Say they dont know if they dont know
• The interviewee has the information
• Dont remember
• Having difficulty in explaining
• Type of question asked
• Empowerment and equality

4
Questioning Phase

• Style of Questioning
• Open ended
• Specific
• Use of appropriate closed questions

5
Messages from research
General rule As questions become more and more
specific responses become less accurate (Kebbell
Wagstaff, 1999) Open questions - Tasks the
witness to tell what they can
remember Specific (closed) question - Tells the
witness to remember what the interviewer wants as
information. Answers to specific questions may
result in more detail but also more likely to
fill memory gaps with distorted material if they
cannot remember. (Kebbell Gilchrist, 2004)
6
Messages from research

• Using specific questions to obtain further
  detail may result in the interviewees desire to
  conform (Perlman, Ericson, Esses Isaacs, 1994)
• The use of 5wh questions when asking specific
  questions may increase confabulations (Dent, 1986)

7
British Criminal Justice System

• Witnesses to provide an account which is
• Coherent (Able to be understood)
• Completeness (Requires specific questions to
  obtain detail)
• Accuracy (issue for specific questions)

8
Dealing with specific detail

• Use the ground rules and an example for the
  interviewee to understand
• Plan your questions
• Consider alternative ways of gathering the
  information.

9
Video
Example Jeff and Julie are learning disabled.
Like many adults with learning disabilities Julie
is skilled at presenting herself as normal as
possible. Clip 1 Specific questions leads the
interviewer to get the interviewee to provide a
misleading statement Clip 2 Use of specific
closed questions allows interviewee to answer
appropriately Video removed from public version.
10
Type of Question
Trailer into the question Is there anything
else you can tell me about the red coat? If the
answer is yes followed by Tell me or What
is it you can remember?
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Questions?