PSYCHOLOGY OF INVESTIGATIVE INTERVIEWING: IMPLICATIONS OF MENDEZ PRINCIPLES IN ADVANCING THE FIELD


DEMIRDEN A.

Law and Justice Review, no.26, pp.141-173, 2023 (Peer-Reviewed Journal) identifier

  • Publication Type: Article / Article
  • Publication Date: 2023
  • Journal Name: Law and Justice Review
  • Journal Indexes: TR DİZİN (ULAKBİM)
  • Page Numbers: pp.141-173
  • Police Academy Affiliated: Yes

Abstract

While procedural regulations describe legal frameworks in obtaining suspect statements, forensic psychological research has refined suspect interview methods around the world. Historically, suspect interrogations have evolved from third degree tactics (e.g., physical pressure) to psychological coercive methods (e.g., REID model) and finally evidence based inquisitory models (e.g., PEACE). Following the abolishment of third degree methods, the psychological coercive methods (e.g., REID model) became prevalent in North America. This approach aims to obtain confessions via a nine-step protocol. Initially, the REID model training modules were in demand around the world as authorities were able to obtain confessions without resorting to physical coercion. However, a significant number of these confessions were found to be false, thanks to DNA evidence. Contemporary empirical findings suggest that criminal investigators should focus on facilitating information gathering process rather than striving to obtain confessions from suspects. For instance, the PEACE model from England and Wales appears to be more effective than unstructured interviews or coercive models. This model also fit well with legal frameworks in Turkiye and in many other jurisdictions. In a 2016 appeal to the U.N. General Assembly, former U.N. Special Rapporteur Jean E. Mendez underlined the international concern for coercion in interviews. This paper argues that psychological research has much to offer in assisting criminal proceedings by refining suspect interview procedures. In this framework, this paper examined the evolvement of investigative interview methods. The findings suggest that coercive models compromises human rights and also ineffective in obtaining admissible evidence in comparison to inquisitory models.