Needed Changes in Forensic Psychology and Law Enforcement

As stated previously, the danger of implanting false memories when using CI techniques is real and therapists and mental health professionals need to be aware of the dangers. Such claims of recovered memories are hard to prove in court. Judges and juries must consider how the trauma was forgotten, as well as whether the claim originated in a therapeutic setting. In addition, Judges and juries must contend with a mixed amount of empirical evidence (Alison, Kebbell, & Lewis, 2006). The use of CI techniques in forensic psychology has the potential of eliminating such concerns when applied appropriately.

More study is needed into the effects of repeated measurement on data quality. Some researchers have pointed out that repeated measures, such is often used in the fields of criminal justice and forensic psychology, can bias the data collection (see Van Der Zouwen & Van Tilberg, 2001). For example, a respondent that has been previously interviewed or interrogated by the police, might remember the answers he or she gave in the first interview and repeat this answer, whether correct or not. When working in conjunction with law enforcement these situations must be taken into consideration.

Kassin (2005) asked police officers if they were concerned about false confessions. The most common response he received was no, because they do not interrogate innocent people. He notes that to understand this remark, you must know that the interrogation process is preceded by a neutral, information-gathering interview structured to determine if the suspect is innocent or guilty. The problem, as already noted, is that police officers are not very good at determining who is lying and who is telling the truth (see Ekman & O’Sullivan, 1991; Garrido et al., 2004; Vrij et al., 2001; Elaad, 2003). In fact, most police officers do not score above the probability of chance when determining truth from deception in high and low stake situations. Kassin (2005) went on to say “However, a warehouse of psychological research suggests that once people form an impression, they unwittingly seek, interpret, and create behavioral data that verify it” (p. 219).

This vast amount of research has led to suggestions on how law enforcement can improve upon the areas of detecting deceit. Vrij, Edward, and Bull (2001) concluded that the use of indirect methods might be useful for police officers when they attempt to detect deceit. In their study, police officers watched and reported a number of nonverbal gestures. They showed an increase in accuracy of .36 on a 7-point scale. Vrij et al., (2001) conceded that in a real life situation, police officers might unconsciously or consciously be guided by other techniques of detecting deception and nullify the benefit of the indirect measure. Vrij (1994) conducted an experiment on the detection of deception. In one condition, the participants only kept track of hand movements. Those telling the truth used more hand gestures than the liars. By using this technique alone, the participants were able to detect deception at a 60% accuracy rating. These results may not seem impressive, but in comparisons with the vast amount of research in this area, 60% is among the top.

Education for police officers about schemata could also benefit the law enforcement field. Some evidence suggests that people overestimate their ability to detect deception and rely on body language that does not apply in all situations (see Lakhani & Taylor (2003). Challenging these assumptions through education and continued education could prove beneficial. Feedback on the accuracy of deceit judgments could also benefit investigators (Zuckerman, Koestner, & Alton, 1984).

Researchers continue to study the ability of police officers to detect deception. Among them, Aldert Vrij has produced a vast amount of research (e.g., Vrij, 1994; Vrij, 2000; Vrij & Mann, 2001; Vrij et al., 2001). Some have criticized him, stating that his focus on deception is rather narrow, but the plethora of research he has produced has helped lay a foundation of empirical evidence that is leading to an increased focus on alternative interviewing styles, such as cognitive interviewing.