Witness Interviewing

Core Skills for Accident Investigators

Course

Lisbon, 17-21 September, 2018

 Bias

• Bias is predisposition or prejudice.

• It can affect judgement and opinion
• Both witnesses and interviewers are subject to
prejudices and biases

For instance:
• Attribution Bias – the witness will want to find excuses for
his actions – the interviewer may want to attribute blame.

• Confirmation Bias – in the lead up to the accident the

witness may have ignored or misinterpreted information
which didn’t agree with his perception of what was
happening – the interviewer may ignore information which
doesn’t affirm his view of what happened

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 Human Evidence

• Most volatile form of evidence;

• Interviews are the source of human evidence.
• Interviewing is a difficult skill that demands good technique
and lots of practice

• We will concentrate on...

Cognitive interviewing;
Developed by Dr Fisher and Dr Geiselman in 1984 “to
increase the accuracy of eyewitness testimony”.

.......more later
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Firstly - Interview stages

There should be 5

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 The PEACE Process

P E A C E

Interview

Account,
Plan and Engage Clarification Evaluate
Prepare And and Closure
Explain challenge

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 Stage 1 - Plan and Prepare

Stage Witnesses/Interviewees
Identify 1 - Plan and Prepare..
..“Be Prepared”

Approach to the interview varies according to

interviewee/witness type:

•Person(s) directly involved – key witness(es)

•Eyewitnesses
•Crew, company personnel, port officials,
equipment designers
•Emergency response personnel
•Others

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 Before the Interview

• Decide on- an
PREPARE order the interview
Before
• Gather available facts/
• evidence
• Decide on team size
• Decide on roles
• Decide on and prepare the
location
• Plan the Interview

Prior Planning Prevents

Poor Performance (PPPPP)

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PLAN

An interview plan…

•Ensures all topics covered

•Avoids lists of questions
•Allows questions to arise from answers
•Creates good interview atmosphere
•Encourages interviewee/witness to provide the
information
•Does not restrict scope of interview

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 Forming the Plan - Decide…

What do you want to gain

?
from the interview – the AIM?

What TOPICS do you need

to cover?

Can the TOPICS be subdivided?

How will you be sure to cover everything?

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 First Draft Plan

First draft plan

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 Identify the Sequence

Identify Sequence

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 Route Map

Route Map

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Case Study WI 1 - Plan an
Interview

Whole class exercise - Referring to the

Case Study on the collision between
Caribbean Sea and DUKW 34 - plan an
interview with the Chief Officer of
Caribbean Sea.

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GENERIC INTERVIEW ROUTE MAP

Area B
Area A
Area B
Topic 2 Area A
Area B
Chronology
Area A Topic 1
Introduction
Topic 3 Area C
Equipment
Area B
General
7 Summary,
Interview Area A
Special
subjects Aim
Area A Topic 4 Rules
Procedures Area B

6 Environm’t Area C
Ext’l/Int’l 5 People
Relationships
Area A
Area B
Area C
Area A Area B

(for interview with a key witness) 14

Stage 2 – Engage and Explain

Stage 2 – Engage and Explain

Opening the interview

Reassure the
witness/interviewee about:
The purpose of the interview
interviewee’s rights.
your role as the interviewer.
the procedures to be followed.
Ask permission to use recorder
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 The use of tape/digital recorders

The use of tape/digital recorders

Gives a verbatim record;
Allows you to concentrate on witness

but…

Has a few disadvantages as well…

OBTAIN WITNESS PERMISSION

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 Establish a rapport

• Establish
Be polite. a rapport from the start
• Behave in a natural manner; do not make the
interview seem artificial.
• Keep interruptions to a minimum.
• Strive for an atmosphere of friendly conversation.
• Intervene only enough to steer the conversation in
the desired direction.
• Display a sincere interest.

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 Know the witness’ needs

Know the witness’ needs

• Nervous
• Grieving
• Expert
• Amateur
• Biased or malicious
• “Experts”
• Perceptions
• Cultural
• Professional
• National
• Social
• Age
• Gender
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Stage 3 –Account Clarification and
Challenge

Systematic Methods

Cognitive interviewing – a systematic

approach - for cooperative witnesses;
● Help them to remember
● Allow them to tell

Conversation management – an approach for
uncooperative witnesses and other
interviewees;
● Persuade them to remember
● Persuade them to tell

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 Cognitive Interview - Challenges

Cognitive Interview - Challenges

Encoding Challenge
- Ability Retrieving Challenge Interviewer Challenge
- Choice - Bias - Bias - Interview style
- Sensitivity - Emotional factors - Type of questions
- Context - Memory problems - Body language
- Distractions - Recreating context
- Bias

Encoded Stored Retrieved Interviewer

The incident
Information Information Information Technique

Storing Challenge
- Influence of others
- Bias Stored Recalled Written
information information report

Investigator challenge
- Bias
- Knowledge/Skill
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Memory recall

Cognitive Interviewing
• Recreate the context
• Break up account
• Change order
• Try different perspective
• Use colours
• Use other senses
• Zoom in on image

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 Techniques

Techniques
•Use open questions (mostly)
•Use pauses
•Use prompts
•Seek clarification
•Follow a plan
•Be flexible – react to what you are
told
•Observe the body language
•Record interview
•Use charts, plans, paper
•Assistant to take notes – mark
points of interest
•Summarise frequently

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Referring to charts or plans

Referring to charts
• Ensureor
theplans
point is described for
recording
• Ensure witness signs plan and it is filed
with evidence

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 Use the Pauses

Don’t interrupt – use the pauses

Why does a witness pause?
- Organising his thoughts;
- Feeling emotional;
- Unwilling to carry on
- Validating response.

- if nothing forthcoming - prompt

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Spiral through the plan

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 Avoid…

Avoid…

These questions:

• Leading
• Multiple
• Marathon
• Option
• Hypothetical

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Avoid…

Unsystematic – Topic Hopping

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Use with care

Closed questions

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Fallibility of Memory

Loch Ryan
Dory

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Witness evidence is susceptible to the influence
of the investigator

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 Research by Loftus & Palmer 1974

Research
Showed by Loftusvideo
participants & Palmer
tapes1974
of two cars
colliding.

Then asked: “How fast was the car going when

it ………….. the other one?”

‘Contacted’
‘Hit’
‘Bumped’
‘Collided with’
‘Smashed into’

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Results:

Mean speed given for each category…

‘Contacted’ 32 mph
‘Hit’ 34 mph
‘Bumped’ 38 mph
‘Collided with’ 39 mph
‘Smashed into’ 41 mph

The words used by an interviewer subconsciously

influences the witness
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 Detecting lying behaviour:

Passive lying:
● Evading the point
● Common
● Easy to do
Clues:
● Thin account
● Sidestepping
● Substantial missing detail
● Overstatement/understatement

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 Detecting lying behaviour:

Active lying:
● Real lies (untruth as truth)
● Rare
● Takes real effort
Clues:
● Rehearsed account
● Inconsistency/contradiction
● Body language

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Ten Commandments of Good Listening

• Stop talking
• Put the interviewee at ease
• Listen and be attentive – summarise what is said
frequently
• Show you’re listening – summarise frequently
• Remove distractions, do not doodle , answer cell
phone
• Empathise with the interviewee
• Be patient – allow plenty of time
• Do not criticise or embarrass
• Ask questions to steer the interview
• Stop talking
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Stage 4 - Completing the interview

• “Have I missed anything?”

• Verify / validate details
• Tell them what’s next
• Thank them…
• Emphasise importance of their
evidence
• “What are your movements?”
• Escort to door
• Make them feel important to
the investigation

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Stage 5 – Evaluating the evidence

Determining witness accuracy:

Look at…

 Corroboration with other source of evidence;

 Confidence expressed by interviewee – It
was… I think it was…I’m not sure but…
 The psychological state of witness;
 The “quality” of the witness

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Interview Practice

Short video clip shown to half the group….

Individuals from the other half interview

those that saw
the video to discover what they saw.

Roles then reversed

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Questions?

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Case Study WI 2 - Interview demonstration

Watch the demonstration of interview

techniques and be prepared to comment on
good and bad points

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Case Study WI 3 - Interview Planning

Watch the following accident debrief then read

the accident summary notes

In groups - create interview plans (Route Maps

using SHEL) for two of the following: the Second
Officer: the Seaman lookout: the brother of the
yachtsmen; the senior master.

Note: You will carry out one of the

interviews later in the day
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