Putting the Mr. Big technique back on trial:a re-examination of probative value and abuse of process through a scientific lens

Purpose – A recent Supreme Court of Canada (SCC) ruling resulted in stricter rules being placed on how police organizations can obtain confessions through a controversial undercover operation, known as the Mr. Big technique. The SCC placed the onus on prosecutors to demonstrate that the probative value of any Mr. Big derived confession outweighs its prejudicial effect, and that the police must refrain from an abuse of process (i.e. avoid overcoming the will of the accused to obtain a confession). The purpose of this paper is to determine whether a consideration of the social influence tactics present in the Mr. Big technique would deem Mr. Big confessions inadmissible. Design/methodology/approach – The social psychological literature related to the compliance and the six main principles of social influence (i.e. reciprocity, consistency, liking, social proof, authority, scarcity) was reviewed. The extent to which these social influence principles are arguably present in Mr. Big operations are discussed. Findings – Mr. Big operations, by their very nature, create unfavourable circumstances for the accused that are rife with psychological pressure to comply and ultimately confess. A consideration by the SCC of the social influence tactics used to elicit confessions – because such tactics sully the circumstances preceding confessions and verge on abuse of process – should lead to all Mr. Big operations being prohibited. Practical implications – Concerns regarding the level of compliance in the Mr. Big technique call into question how Mr. Big operations violate the guidelines set out by the SCC ruling. The findings from the current paper could have a potential impact of the admissibility of Mr. Big confessions, along with continued use of this controversial technique. Originality/value – The current paper represents the first in-depth analysis of the Mr. Big technique through a social psychological lens

Computerized crime linkage systems: A critical review and research agenda

Computerized crime linkage systems are meant to assist the police in determining whether crimes have been committed by the same offender. In this article, the authors assess these systems critically and identify four assumptions that affect the effectiveness of these systems. These assumptions are that (a) data in the systems can be coded reliably, (b) data in the systems are accurate, (c) violent serial offenders exhibit consistent but distinctive patterns of behavior, and (d) analysts have the ability to use the data in the systems to link crimes accurately. The authors argue that there is no compelling empirical support for any of the four assumptions, and they outline a research agenda for testing each assumption. Until evidence supporting these assumptions becomes available, the value of linkage systems will remain open to debate

Engineering comprehensible youth interrogation rights

Although youth in many Western countries have been afforded enhanced legal protections when facing police interrogations, the effectiveness of these protections may be limited by youth’s inability to comprehend them. The ability to increase the comprehension of Canadian interrogation rights among youth through the simplification of waiver forms was assessed. High school students (N = 367) in grades 9, 10, and 11 were presented with one of three waiver forms that varied in level of complexity. Comprehension of the information in the forms was assessed using free recall and multiple-choice questions. Results showed that comprehension levels increased as waiver form complexity decreased and comprehension levels increased as the age of the youth increased. The implications of these findings for the development of comprehensible youth interrogation rights are discussed

Geographic profiling survey:a preliminary examination of geographic profilers’ views and experiences

Geographic profiling (GP) is an investigative technique that involves predicting a serial offender’s home location (or some other anchor point) based on where he or she committed a crime. Although the use of GP in police investigations appears to be on the rise, little is known about the procedure and how it is used. To examine these issues, a survey was distributed internationally to police professionals who have contributed GP advice to police investigations. The survey consisted of questions designed to assess: (a) how geographic profiles are constructed, (b) the perceived usefulness and accuracy of GP, (c) whether core GP conditions are examined before profiles are constructed, and (d) the types of cases in which GP is used. The results suggest that geographic profiles are commonly used in operational settings for a wide range of crime types. This appears to be true even when GP conditions are violated. In addition, general perceptions of GP accuracy and usefulness appear to be high, but this is particularly true for respondents who use computerized GP systems (compared with spatial distribution strategies, such as centroids, or educated guesses). Computerized GP systems are also the most commonly used GP approach among our respondents, especially for those who have received formal training in GP. Although preliminary in nature, the results from this study help enhance understanding of how GP is used in police investigations around the world, and under what conditions. The survey also provides directions for future research

Examining the Administration of Youth Interrogation Rights:A Field Study of Canadian Police Practices

The delivery of interrogation rights to youth suspects and associated behaviours (e.g. seeking evidence of comprehension) were examined in a sample of real-world interrogations (N = 31). Interrogation rights were delivered fully in approximately one-third of interrogations. Verification of comprehension was attempted rarely, and interrogators asked the youth to explain each right in their own words in less than 10 per cent of interrogations. Without improvement in the administration of interrogation rights, youth suspects remain vulnerable and unprotected in the criminal justice system

Establishing the Most Effective Way to Deliver the Sketch Procedure to Enhance Interviewee Free Recall

The relative effectiveness of three sketching procedures for enhancing the recall of a witnessed event was assessed. Participants (N = 123) viewed a mock crime video and were asked to recall its contents using one of three sketching procedures (i.e., Sketch and Free Recall; Sketch then Free Recall; Sketch and Explain then Free Recall) or two comparison procedures (i.e., Mental Reinstatement of Context; Control). Participants who were administered the Sketch and Explain then Free Recall procedure recalled more correct details than those who were administered the other four procedures (all ds > 0.70); the greater number of correct details was observed primarily for object and action details. There was minimal difference in incorrect details recalled or accuracy rate between all five procedures. The implications of using different sketching procedures for enhancing recall at the onset of investigative interviews are discussed

Unveiling the Truth:The Effect of Muslim Garments and Face Covering on the Perceived Credibility of a Victim’s Court Testimony

The perceived credibility of a sexual assault victim’s court testimony was examined. A 2 (Face Covered: No, Yes) x 2 (Muslim Garment: No, Yes) between-participant design was used. Participants (N = 120) were assigned to watch one of four videos of a sexual assault victim providing testimony, and asked to rate her credibility. The effect of Muslim Garment on victim credibility ratings was significant; the victim was perceived as more credible when she wore a niqab or hijab compared to when she did not wear either of these garments. The effect of Face Covering on credibility ratings was non-significant, and the interaction was non-significant. The implications for women who wear Muslim garments while testifying about sexual assault are discussed

Do not lie to me, or else:the effect of a turncoat warning and rapport building on perceptions of police interviewers

The effects of warning witnesses about lying (i.e., turncoat warning) and rapport building on perceptions of police interviewers were examined across two experiments. In experiment 1, participants (N = 59) were asked to assume the role of a witness when reading four interview transcript excerpts and rate the police interviewer on an eight-item attitudinal scale. Interviewers who warned witnesses about lying were viewed less favorably than when no warning was administered. Interviewers who used rapport-building techniques were viewed more favorably than those who did not attempt to build rapport. There was also a moderating interaction, whereby the use of rapport-building techniques offset the lower attitudinal ratings associated with the administration of the warning. In experiment 2, participants (N = 46) were asked to assume the role of a third party observer when reading four interview transcript excerpts and rate the police interviewer on a ten-item attitudinal scale. Results of experiment 2 replicated the findings from experiment 1. The potential implications of starting an interview by warning a witness about lying are discussed

Challenges of a "Toolbox" Approach to Investigative Interviewing:A Critical Analysis of the RCMP's Phased Interview Model

The Royal Canadian Mounted Police implemented the Phased Interview Model in Canada and has argued that it is a novel and productive way to interview suspects. We applaud the Royal Canadian Mounted Police for moving away from a purely accusatorial approach and recognize that Phased Interview Model contains several science-based practices. In this article, however, we evaluate the Phased Interview Model critically. In particular, we present compelling empirical evidence that three fundamental practices (minimizing culpability, mischaracterizing evidence, and asking leading questions) in the Phased Interview Model put the truth-seeking function of police interviews at risk. We also explore the challenges inherent in combining accusatorial and information gathering techniques into a hybrid ‘toolbox’ approach. We conclude that advocating for interview protocols that contain dangerous or untested practices may hinder the Royal Canadian Mounted Police’s ability to achieve their purported goals of obtaining voluntary statements and accurate information