FORENSIC PSYCHOLOGY BY SHARADA AVADHANAM

Chapter 1: FORENSIC PSYCHOLOGY

Definitions and scope
Definition:
That branch of applied psychology, which is concerned with the collection, examination, and presentation of evidence for judicial purposes’ (Haward 1981).

SCOPE: Forensic Psychology relates to:
Forensic psychology is the application of psychological principles and knowledge to various legal activities involving child custody disputes, child abuse of an emotional, physical and sexual nature, assessing one's personal capacity to manage one's affairs, matters of competency to stand trial, criminal responsibility & personal injury and advising judges in matters relating to sentencing regarding various mitigants and the actuarial assessment of future risk.

In the civil law arena, forensic psychologists often provide assessments of whether someone has been harmed by some event like emotional trauma, mental agony, sexual harassment, work place stress for workmen, best interest of children in family dispute of custody of children,.
In the criminal law, they opine on criminal insanity and trial competence, risk of re-offend of sex offenders, intentions, motivations, and personality of offenders in death penalty cases, rehabilitation of juvenile, and as "criminal profilers”.

DIFFERENCES BETWEEN CLINICAL AND FORENSIC PSYCHOLOGY
The fields of psychology and law are concerned with and focus on understanding and evaluating human behavior. The law exists to regulate human conduct; for this reason, psychologists are invited to participate in the civil and criminal justice systems. Because psychology is involved in studying behavior, in certain legal cases, findings and insights may assist the judge or jury in deliberations and decision-making.
Level of Proof is 95% confidence level. Because psychology is a science, the level of proof is based on the normal distribution. Empirical studies must demonstrate statistical significance to be considered interpretable; this level is typically set at the .05 level of probability. That is, the investigator must be 95% certain that the results of the study are attributable to the variables under investigation rather than to chance. In court, various standards of proof exist (e.g., beyond a reasonable doubt, clear and convincing evidence, preponderance of the evidence), the level dependent on the legal issue in question and which side bears the burden of proof.

However, as expert witnesses, forensic psychologists typically are asked whether they were able to reach an opinion “to a reasonable degree of psychological certainty”. This level does not refer to the .05 level of statistical significance, nor does it relate to other legal levels of proof. Rather, it refers to the data on which the opinion is based: Can the expert describe the reasons for his or her opinion based on all the information considered, and, at the same time, can he or she explain why alternative opinions (such as malingering) can be ruled out?
However, in forensic psychology, reports and testimony are carefully examined, dissected by opposing counsel, and subjected to close, probing cross-examination. Transcripts of the testimony are prepared. If an attorney, judge, opposing expert, or party in the litigation believes, justly or unjustly, that misconduct has occurred, an ethics complaint may result.
Hugo Münsterberg founded the field of forensic psychology. His landmark textbook, ‘On the Witness Stand’ (1908). By its very nature, it must respond to questions of a legal nature, requiring not only an understanding of how the legal system operates but also a working familiarity with relevant statutes and case law.
Those identifying themselves as forensic psychologists do so on the basis of their personal, somewhat subjective belief that they possess the background, experience, skills, training, and knowledge that legally qualify them to make this claim.

The APA established a division devoted to Forensic Psychology (American Psychology-Law Society). The ABPP recognized the field as a Specialty Board, certifying, as Diplomates in Forensic Psychology, those licensed psychologists demonstrating expertise through peer review of written work samples and oral examinations. The field has its own set of ethical guidelines, the “Specialty Guidelines for Forensic Psychologists” (Committee on Ethical Guidelines for Forensic Psychologists, 1991), and the “Ethical Principles of Psychologists and Code of Conduct” (APA, 1992) contains a section devoted to forensic psychology. The American Board of Forensic Psychology (a specialty board of ABPP) and the American Psychology-Law Society submitted to the APA a petition for the recognition of forensic psychology as a specialty in professional psychology.
The Nature of Expert Testimony Forensic psychologists typically conduct evaluations with the expectation that findings will be presented in the courtroom as expert witness testimony. Whereas witnesses of fact (lay witnesses) may testify only to knowledge they have acquired firsthand through the senses (generally, what they have seen and heard), experts offer testimony about their thoughts (including inductive and deductive reasoning) and can offer opinions based on hearsay testimony. Since the landmark decision in Jenkins v. U.S. (1962), qualified psychologists have been permitted to offer expert witness testimony on a wide range of psycho-legal issues in both civil and criminal courts.

Forensic and Clinical Issues in the Assessment of Psychopathy: Forensic assessments frequently incorporate traditional psychological tests, as well as instruments designed to provide data relevant to specific psycho legal questions.
The presence or absence of Psychopathy is relevant to a number of civil (e.g., civil commitment) and criminal contexts (e.g., probation and parole, detention under violent offender statutes, and death penalty cases ;). The reliable and valid assessment of psychopathy is, therefore, critical to issues of freedom and, in some cases, to decisions regarding life and death.
Evaluation of Malingering and Deception
Evaluators in a forensic context cannot accept unquestioningly a respondent’s answers as a valid or optimal representation of mental state. The motivation to respond in a self-serving fashion for secondary gain is readily apparent (e.g., financial reward in a personal injury case; custody of a child in a custody dispute; the assumption, often incorrect, of a shorter period of restricted freedom in an insanity case). Consequently, forensic experts must consider the possibility that the examinee may have attempted to distort test results because of malingering, exaggeration, and defensiveness. Malingering is estimated to occur in 15% to 17% of forensic cases

Eyewitness Memory for People and Events In a criminal trial, attempts are made, through the introduction of evidence, to reconstruct what occurred at the moment of the crime. In addition to physical evidence (e.g., fingerprints, tire tracks, DNA), eyewitnesses to the crime (including the victim) may be called on to testify about memories of what they saw. However, for a number of reasons, memories may become contaminated, lost, or destroyed, resulting in well-intentioned, but nonetheless inaccurate testimony.
The consequences for the defendant and society may be significant. Mistakes in eyewitness identification account for more convictions of innocent defendants (exonerated by DNA evidence) than all other factors combined

Criminal Forensic Psychology
In the forensic criminal arena, issues related to legal competencies are the focus of most requests for forensic psychological assessments. Issues related to the comprehension of the rights to remain silent, to avoid making incriminating statements, and to be represented by an attorney serve as the basis for assessments of a defendant’s ability to make a valid waiver of Miranda rights. Defendants are entitled to be represented by an attorney in court, and such representation includes the ability to assist the attorney in defense strategy, to communicate rationally with the attorney, and to understand courtroom procedures.
To be convicted of a crime, it must be established that, not only did the defendant commit the criminal act, and at the time of the offense, he or she possessed the required mental state or mens rea necessary to be held culpable.
Assessment of criminal responsibility represents a major area in which forensic psychologists may be asked to provide information to the court on matters of mental or emotional culpability, such as insanity or extreme mental or emotional disturbance. When a defendant has been found guilty of a capital offense, Forensic psychologists may be retained to evaluate the defendant in terms of the presence or absence of aggravating and mitigating factors in capital cases. When accusations of child sexual abuse are made without physical supportive evidence or third-party witnesses, questions may be raised about the validity of the child’s report.

Competence to Confess: Evaluating the Validity of Miranda Rights Waivers and Trustworthiness of Confessions. Confessions to crimes are valuable commodities, which, once introduced to a judge or jury, are exceedingly difficult for defense lawyers to overcome. Unchallenged, inculpatory statements are devastating, typically taken as a clear sign of the defendant’s guilt. Suspects are often frightened, and investigators are equipped with a range of interrogation strategies designed to take advantage of the suspect’s weaknesses. To level the playing field, the Court required interrogators to administer the Miranda warnings to those placed under arrest or made to believe they are not free to leave. The Court opined that a defendant has the right to introduce evidence to a jury that a confession found to have been legally obtained through a valid waiver of Miranda rights may, nonetheless, not be trustworthy.

Assessment of Competence to Stand Trial: A defendant must be competent to stand trial. fitness for trial is based on whether a defendant “has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him.” Fitness-for-trial assessments are the most common of all criminal evaluations.

Evaluation of Criminal Responsibility: forensic criminal responsibility assessment engenders more attention and feelings of hostility and resentment. The evaluation of a defendant’s mental state at the time of an offense is central to the issue of criminal culpability and, hence, punishment. These assessments require the “reconstruction” of a prior mental state to assist the trier of fact in rendering a decision of legal responsibility.

The basic doctrines of criminal liability: They focus on mental state issues relevant to culpability, including negation of mens rea, provocation and passion, extreme mental or emotional disturbance, voluntary and involuntary intoxication, imperfect self-defense, and duress.
The defense is permitted to introduce mitigating facts or circumstances for the jury or judge to weigh against the aggravating factor or factors before the death penalty could be imposed, as sentencing must be individualized. The role of forensic psychologists is discussed in post conviction and habeas relief cases and in assessing competence to waive appeals and competence to be executed. Pathologies of Attachment, Violence, and Criminality Interpersonal violence most frequently occurs between those who know one another. However, rates are still higher for a subcategory of people: those who are attached or bonded to one another.

Violence Risk Assessment:
In both the civil and criminal legal systems, courts frequently consider risk of future violence in the decision-making process. Questions regarding orders of protection, involuntary commitment, parental child abuse, transfers of juveniles to adult court, sex offenders transferred to civil commitment status, and mitigation and aggravation in Death penalty cases are but a few of the areas relying on violence risk assessment.

Chapter 2:
Behavioural science in criminal investigation eg: FBI
FBI is the pioneer in the world in using Behavioural science in criminal investigation. FBI is organized into:

Operations Support Branch
Crisis Negotiation Unit
Crisis Management Unit
Rapid Deployment Logistics Unit
NCAVC - National Center for the Analysis of Violent Crime
Child Abduction Serial Murder Investigative Resources Center
Violent Criminal Apprehension Program
Tactical Support Branch
Hostage Rescue Team
Operations Training Unit
Strategic Information and Operations Center (SIOC)
The areas of expertise are:
Basic psychology
Criminal psychology
Forensic science
Body recovery
Criminal Investigative Analysis
Death investigation
Threat assessment
Statement/document analysis
Crimes against children
Child abduction and homicide
Sexual victimization of children / Internet issues
Interview and interrogation procedures
Serial murder
NATIONAL CENTER FOR THE ANALYSIS OF VIOLENT CRIME
The mission of the National Center for the Analysis of Violent Crime (NCAVC) is to combine investigative and operational support functions, research, and training in order to provide assistance, without charge, to federal, state, local, and foreign law enforcement agencies investigating unusual or repetitive violent crimes. The NCAVC also provides support through expertise and consultation in non-violent matters such as national security, corruption, and white-collar crime investigations.
To accomplish its mission, the NCAVC is organized into three components:
· Behavioral Analysis Unit (BAU) -- East/West Regions;
· Child Abduction Serial Murder Investigative Resources Center (CASMIRC); and
· Violent Criminal Apprehension Program (VICAP).
Behavioral Analysis Unit is further divided into:

The Behavioral Analysis Unit 1 [counter-terrorism and threat assessment],
Behavioral Analysis Unit 2 [crimes against adults],
Behavioral Analysis Unit 3 [crimes against children], and
The VICAP Unit, which had broken off from the Profiling and Behavioral Assessment Unit
Behavioral Analysis Unit (BAU) -- East/West Regions"criminal investigative analysis”. Criminal investigative analysis is a process of reviewing crimes from both a behavioral and investigative perspective. It involves reviewing and assessing the facts of a criminal act, interpreting offender behavior, and interaction with the victim, as exhibited during the commission of the crime, or as displayed in the crime scene. They provide one or more of the following services: crime analysis, investigative suggestions, profiles of unknown offenders, threat analysis, critical incident analysis, interview strategies, major case management, search warrant assistance, prosecutive and trial strategies, and expert testimony. It maintains a reference file for experts in various forensic disciplines such as odontology, anthropology, entomology, or pathology.
· Child Abduction and Serial Murder Investigative Resources Center (CASMIRC) provides investigative support through the coordination and provision of federal law enforcement resources, training, and application of other multidisciplinary expertise, and to assist federal, state, and local authorities in matters involving child abductions, mysterious disappearances of children, child homicide, and serial murder across the country.
Violent Criminal Apprehension Program (VICAP) facilitates cooperation, communication, and coordination between law enforcement agencies and provides support in their efforts to investigate, identify, track, apprehend, and prosecute violent serial offenders. Cases include:
· solved or unsolved homicides or attempts, especially those that involve an abduction; are apparently random, motiveless, or sexually oriented; or are known or suspected to be part of a series;
· missing persons, where the circumstances indicate a strong possibility of foul play and the victim is still missing;
· unidentified dead bodies, where the manner of death is known or suspected to be homicide; and
· Sexual assault cases.

Chapter 3:
Beyond modus operandi: criminal profiling
Criminal profiling: criminal profiling = psychological profiling= offender profiling = criminal personality profiling.
Underlying principle: An educated attempt to provide specific information about a certain type of suspect. A biographical sketch of behavioral patterns, trends, and tendencies’. This was to provide the police with a psychological profile of the personality of the perpetrator, used to direct the investigative search’. Profilers have been able to develop typologies, understand the link between crime scenes and the characteristics of offenders, and develop information that is useful in violent crime investigations’.

Modus Operandi:
A critical step in crime scene analysis is the resulting correlation that connects cases due to similarities in M.O. But, what causes an offender to use a certain M.O.? What circumstances shape the M.O.? Is the M.O. static or dynamic? Unfortunately, investigators make a serious error by placing too much significance on the M.O. when linking crimes. Criminal refines his breaking-and-entering and crime MO techniques to lower the risk of apprehension and to increase profits. M.O. is a learned behaviour that is dynamic and malleable. The M.O. continuously evolves as offenders gain experience and confidence. Incarceration usually impacts on the future M.O’s of offenders, especially career criminals. Offenders refine their M.O’s as they learn from the mistakes that lead to their arrests.
Signature Behaviors: Signature behaviors are static and rigid, remain the same over time, and are those acts committed by an offender that are not necessary to complete the offense. Their convergence can be used to suggest an offender’s psychological or emotional needs (signature aspect). They are best understood as a reflection of the underlying personality, lifestyle, and developmental experiences of an offender
Signature Aspects: The emotional or psychological themes or needs that an offender satisfies when they commit offense behaviors.

The profiler systematic stages.
Stage 1: Profiling inputs: collecting as much crime related information as possible, autopsy reports, photographs of the crime scene and deceased, to indicate what happened, how it happened and why it happened.
Stage 2: Decision processing: determining whether the crime in question can be located within a number of behavioural classifications. You see multi dimensional descriptions of profiled offenders e.g. organized, power assertive serial rapist. This stage will also generate a number of more general classifications e.g. the murder type (mass, spree, serial etc); the primary motive (sexual, financial, emotional etc).
Stage 3: Crime assessment: The principal aim of stage three is to piece together the chain of events before, during, and after the commission of a crime. Essentially the profiler wants to reconstruct the crime from the perspective of both the victim and the offender.
Stage 4: The Criminal profile: profiler hypothesizes about the type of person who committed the crime. Suspect’s sex, age, race, occupational skills, IQ, social interests, mental health status, and family background.
Stage 5: Investigative use: Firstly, a detailed written report is made available to the investigating team so that they can concentrate their efforts on suspects who appear to match the profile. The second way the psychological aspects of the profile can be used to help develop and inform appropriate interviewing strategies.


Deductive criminal profiling and its role in trial
.
CRIMINAL PSYCHOLOGICAL PROFILING:
Criminal psychological profiling became an important in serial and sexual offenses.
A. Principles of Criminal Psychological Profiling: A criminal psychological profile attempts to provide investigators with specific information about the type of person most likely to have committed the offense based on an examination of a crime scene. Therefore, this information can assist with the investigation, apprehension, and prosecution of the offender.

A profile has three basic goals:
(1) Social and psychological assessment of the offender,
(2) The evaluation of belongings found in the suspected offender’s possession, and
(3) Suggesting strategies for interviewing the suspected offender upon apprehension.

Only certain types of offenses lend themselves to profiling like “motiveless” murder, rape and sexual assault, and arson.
1. “Profiling Inputs Stage.” This step involves the accumulation of crime scene evidence, victimology, forensic information, preliminary police reports, and photographs.
2. “Decision Process Model Stage.” In this stage, the profiler organizes and arranges the information into a meaningful pattern. This process includes determining the type of crime committed, the primary intent of the offender, the risk of the victim, the willingness of the offender to take a risk, and the time and location factors involved in the offense.
3. “Crime Assessment Stage.” This includes a reconstruction of how the crime took place, the type of crime, the level of organization at the crime scene relative to the victim’s risk level, the control of the victim and sequence of events, the staging, and the motivation for committing the crime, and the dynamics of the crime scene.
4. “Profile stage.” This stage generates the actual profile, which includes information such as demographics, educational level and intellectual functioning, criminal history, military history, family history, habits and social interests, residence in relation to the crime scene, type of vehicle owned, personality characteristics, and suggested interview techniques. Profile stage uses the profiler’s knowledge of the offender’s behavior. The profiler employs his or her behavioral information by using inductive reasoning to move from people with general characteristics to the specific offender profile.

Two important principles underlie this process.
First, criminal psychological profilers base their profiles, in part, on the principle that a personality will not deviate from its norm when committing crimes. Such behavior manifests itself in the modus operandi (“MO”), signature, personation, and staging associated with the crime scene. While the MO may change as the offender becomes more comfortable, the personation and signature will not.

A second general principle is that the profiler must be qualified in psychology [for mental dynamics] and sociology [for social dynamics] and experience in criminal investigation [crime and criminal knowledge].

B. Judicial Reaction to Criminal Psychological Profiles

Courts’ refusal to admit into evidence criminal psychological profiles is because they constitute impermissible character testimony, improper subjects for scientific or expert testimony, and unduly prejudicial evidence because of misunderstanding, misuse, and misapplication.

Some courts, however, have permitted the use of profiles for the purpose of making probable cause determinations and linking crimes. Criminal psychological profiles have had more success when used to support probable cause for a search sting operation and or arrest.

III. The use of expert testimony rests on The Daubert Principle.
The Daubert criteria:
(1) Whether the conclusion can be tested,
(2) Whether the procedure and basis of conclusion has been subjected to peer review and publication,
(3) The test’s potential rate of error and, and
(4) Standards of control for the technique’s operation.

IV. The admissibility of criminal psychological profiles
A. Character Evidence

Courts have held as impermissible character evidence like propensity or disposition to act in a certain way. But a criminal psychological profile contains information such as the offender’s age, residence, profession, type of vehicle, marital status, and image that is similar to eye witness account. admission of a profile require use for other purposes including motive, intent, a common scheme or plan, signature, preparation, or identity.

B. Scientific Evidence

Law permits expert opinion testimonies when it relates to “scientific, technical, and other specialized knowledge.” psychological profiles are not scientific evidence because they employ social science theories. “Battered wife” syndrome and “rape victim” syndrome as types of psychological evidence are not scientific psychological testimony. Criminal psychological profiles can be deemed quasi scientific because they are created through a scientific process.
They may support theories of a perpetrator’s motive, identity, common scheme, or preparation in committing the offense.

Criminal psychological profiling meets three of the four factors enumerated in Daubert but the test’s potential rate of error is on the high side and hence unacceptable. The shortcoming can be overcome by making the profiling a factor deductive logic from crime scene reconstruction rather than inductive logic as is being done so far.

Original Model of Criminal Profiling
1. Evaluation of the criminal act itself
2. Comprehensive evaluation of the specifics of the crime scene(s)
3. Comprehensive analysis of the victim
4. Evaluation of preliminary police reports
5. Evaluation of the medical examiner’s autopsy protocol
6. Development of the profile, with critical offender characteristics
7. Investigative suggestions predicated on the construction of the profile
Trait or issue
Inductive profile
Deductive profile
definition
The process of profiling criminal behavior, crime scenes, and victims from the known behaviors and emotions suggested by other criminals, crime scenes, and/or victims. This is reasoning from initial statistical data to specific criminal offender behavior. Inductive Criminal Profiling is generally the result of some kind of statistical analysis, or finds it's reasoning in cases outside of the case at hand
"The process of interpreting forensic evidence, including such inputs as crime scene photographs, autopsy reports, autopsy photographs, and a thorough study of individual offender victimology, to accurately reconstruct specific offender crime scene behavior patterns, and from those specific, individual patterns of behavior, deduce offender characteristics, demographics, emotions, and motivations."
· A Deductive Criminal Profile is one that is deduced from the careful forensic examination and behavioral reconstruction of a single offender's crime scene(s).
· After the offender's behaviors have been reconstructed, the crime scene characteristics are analyzed, and the victim characteristics are analyzed.
· From those combined characteristics, a profile with the characteristics of the individual who could have committed that specific offense(s), with that specific victim(s) under the conditions present at that specific crime scene(s) is deductively inferred.
· It is a forensically and behaviorally contained process.
· The process of deductive profiling is termed Behavior Evidence Analysis, and depends on the analyst's abilities to recognize patterns of behavior within a single offender to deduce meaning.


Source of data used
· The process of profiling criminal behavior, crime scenes, and victims from the known behaviors and emotions suggested by other criminals, crime scenes, and/or victims. This is reasoning from initial statistical data to specific criminal offender behavior.
· Inductive Criminal Profiling is generally the result of some kind of statistical analysis, or finds it is reasoning in cases outside of the case at hand.
· The datasets currently used to compile and statistically generalize Inductive Criminal Profiles are collected largely from three sources:
1. Formal and informal studies of known, incarcerated criminal populations, and the inherent clinical and non-clinical interviews upon which those studies are based;
2. Practical experience, from which isolated anecdotal data is recalled by the profiler; and
3. Public data sources, including the popular media.

1. Forensic Evidence.
2. Crime Scene Characteristics and signature.

Victimology:

Victimology is the thorough study and analysis of victim characteristics leading to deductive inferences about offender motive, modus operandi, and the determination of crime scene signature. In Deductive Profiling, almost as much time is spent profiling each victim as the offender responsible for the crime(s)
Consistency , reliability of results/ predictions
These generalizations can accurately predict some of the non-distinguishing elements of individual criminal behavior, but not with a great deal of consistency or reliability.

Consistent reliable predictions as they are based on scientific evidence collected from the scene of offence.
advantages
Easy and quick to prepare.
From general statistical data to individual characteristic prediction
the Deductive Profiling method encourages
· deliberation,
· competency,
· thoroughness, and
· requires a high degree of intra- and extra-departmental cohesiveness and
· Communication.
The multi-disciplinary Deductive Profiling method
· more time consuming in the investigative end,
· more effective because of its usefulness as an investigative guide,
· its competency at linking crimes, and
· Very high probative value in terms of thoroughly establishing signature and motivation.
Major disadvantages
· the information itself is generalized from limited population samples,
· Limited data collected only from known, apprehended offenders. .
Contains specific inaccuracies that can and have been used to implicate innocent individuals. .
· First, is that it is not a quick fix or a cure all; it requires a great deal of effort and multi-disciplinary skill on the part of each member of the investigative team.
· Second, because it is such an intensive process, emotionally exhausting. Investigators be emotionally grounded individuals
· Third, a Deductive Criminal Profile cannot not point out a specific known individual unless that offender's unique signature is known and established.

Specific to general or general to specific
General to specific
This model requires
· specialized education and training in forensic science,
crime scene reconstruction, and
Wound pattern analysis.
More specific & move from a universal set of suspect characteristics to a more unique set of suspect characteristics.
Assumptions
commonly shared individual characteristics that can be accurately generalized
Culturally similar to current offenders.
Prediction from the initial statistical analysis of very small samples.
Behavior and motivation is static and predictable.
· No offender acts without motivation.
· Every single offense should be investigated as its own unique behavioral and motivational existent. Given the nature of human behavior, no two cases are really ever alike.
· Some offenders have unique motivations and/or behaviors that should be individuated from other similar offenders.
· All human behavior develops uniquely, over time, in response to environmental and biological factors.
· Criminal MO behavior can evolve over time and over the commission of multiple offenses.
· A single offender is capable of multiple motives over the commission of multiple offenses, or even during the commission of a single offense.
· Statistical generalizations and experiential theorizing, while sometimes helpful, are incomplete and can ultimately mislead an investigation, and encourage investigative laziness. When we think that we have all of the answers in a case, not only might we only collect evidence that fits those answers, we might think that a thorough investigation is no longer requisite at all.

Profilers
FBI and ex-FBI profilers.
Forensic Psychologists and Forensic Psychiatrists.
Local detectives.
Criminologists:
Forensic experts from various disciplines who are already recognized by law as experts in their respective fields. It is inter disciplinary effort.
Other advantages
Learned or experiential generalizations are made. It encourages ‘a-priori’ theorizing by experienced Investigators with a lot of years on the job.
· Establishes MO, signature behavior, which links unrelated crimes.
It has significant and highly individualized personality identifiers :
· specific order of sexual activity;
· specific type of binding;
· similar types of injuries
· display the body for shock value;
· Tortures and/or mutilates/ ritualistic behavior.
· Victimology, interaction of victim(s), the crime scene(s), and the offender demonstrates motivations.
· Offender actions through the physical evidence.
· The whole profile is logic statement, based on an analysis of behavior patterns.
· Precludes theory generation, until a full investigative analysis has been done.
Examines offender behaviors over time. Change and growth recompiled back into profile.



Chapter 4:
Crime scene reconstruction and use of behavioural evidence analysis like criminal profiling
CRIME SCENE RECONSTRUCTION
A. Definitions & Purposes
Findley and Hopkins: “the process of applying logic, training, experience, and scientific principles to (1) the crime scene itself (i.e. location, environment, condition, etc.) (2) Physical evidence found at a crime scene. (3) The results of examinations of physical evidence by qualified experts. (4) Information obtained from all other sources in order to form opinions relative to the sequence of events occurring before, during, and after, the criminal act.”
Bevel and Gardner: “the process of determining the most probable sequence of events that occurred during the commission of a violent crime by studying physical evidence, analysis of the physical evidence, the autopsy, witness statements and the relationships between the physical evidence and victimology.”
Chisum and Rynearson: “the application of common sense reasoning, forensic science, and likely behaviors to a reconstruction which depicts motive, movement, sequence, and timing to the participants in a crime”.
Saferstein: “supports a likely sequence of events by the observation and evaluation of physical evidence as well as statements made by the witnesses and those involved with the incident”.

Types of Reconstruction:
Specific Incident Reconstruction (Traffic Accident, Homicide, Bombing, etc.).
Specific Event Reconstruction (Sequence, Direction, Condition, Relation, Identity).
Specific Physical Evidence Reconstruction (Firearms, Blood, Glass etc.).
Blood and Blood Stain Pattern Analysis
Identity of victim/offender.
Position and location of the victim
Position and location of the offender.
Movement by the victim/offender in the scene.
May identify the location of the scene (if the victim is removed and left elsewhere).
May indicate a staged or secondary scene.
Minimum number of blows struck
Type of weapon used.
Documents
Reassemble torn/shredded papers.
Recovery of obliterated writing.
Firearms
Trajectory.
Shooting distance.
Position and location of the victim.
Position and location of the offender.
Sequence of shots.
Direction of shots.
Possibility that the wound(s) could have been self-inflicted.
Identification of weapon used may link serial cases.
Functional Evidence
Does the weapon or vehicle function properly?
Semi-automatic with slide locked back may indicate last round was fired.
TV or coffee pot on at scene.
Do door/window locks properly secure?
Glass
Direction of break (from which side of the glass).
Sequence of shots (it should be noted that current research indicates that sequencing of shots through laminated automotive glass is not reliable).
Impression Evidence (Fingerprints, shoe prints, tire tracks).
Identity of victim/offender
Place victim/offender at the scene and at specific sites in the scene.
Fingerprints may indicate where the offender/victim was in the scene or how an object was held.
Shoe prints may show location in and movement through the scene.
Tire tracks may show vehicle position and direction of travel and may indicate the type of vehicle driven.
Ligature
Type of ligature used (if missing).
Use of same/similar ligature can be used to link serial cases.
Type of ligature used may indicate offender's occupation or interests (i.e. rope tied with knots commonly used by dock workers or climbers).
Pathology
Manner of death (Homicide, Suicide, Natural, Accidental).
Time of death (approximate).
Cause of death/weapon used.
Time before incapacitation from wounds (approximate).
Whether injuries were sustained pre- or post-mortem.
Identity and/or age of victim.
Was victim sexually assaulted, and in what manner.
Possibility that the wound(s) could have been self-inflicted.

Physical Match (Reassembly of broken objects).
Bombs.
Vehicle lamps, mirrors, and windows.
Aircraft, which have crashed and/or exploded.
Relational/Positional Evidence
Blood drops on the threshold of a door indicate that the door was open when the blood was shed.
Location of other objects and their condition may also indicate a variety of things depending on the specifics of the crime.
Trace Evidence
Trajectory of projectiles based on retention of material through which they have passed.
Place offender/victim at the scene, and at specific sites in the scene.
Describe the environment of an unknown crime scene.
May indicate offender occupation.
Vehicle positions, speeds, sequence of accident events.

Steps in Reconstruction
1. Recognition of evidence.

2. Documentation of evidence.

3. Collection of evidence.

4. Evaluation of evidence.

5. Hypothesis.

6. Testing.

7. Reconstruction
The results are reported as a range, where the event (or portions of it):
Can be shown to have occurred in a given manner.
Can be shown to be likely to have occurred in a given manner.
Can be shown to be unlikely to have occurred in a given manner.
Can be shown not to have occurred in a given manner.

B. Physical Evidence & Reconstruction: The possible forms of physical evidence encountered at a crime scene are limitless.

C. Benefits of Crime Scene Reconstruction
Crime scene reconstruction provides a number of benefits for different individuals with differing tasks and goals.
Evidence Technicians:
Crime scene reconstruction experience can assist the Evidence Technician Team to better locate and recognize potential physical evidence.
Detectives/Investigators:
Crime scene reconstruction can bring efficiency to an investigation, in that it can eliminate suspects while providing extra support for maintaining an individual as a suspect. A reduction in suspects can lead to a more focused investigation.
Criminalist:
Crime scene reconstruction can directly effect the number of items requested for analysis. The evidence technician team’s ability to collect relevant evidence will reduce the workload for the criminalist, which in turn allows the criminalist to focus his or her valuable time on the examination of pertinent evidence.
Attorneys (Prosecutors/Defense):
Crime scene reconstruction “can provide the jury with as complete a sequence of events as possible” makes their deliberations more effective. Likewise, it can also assist attorneys in the preparation of their case and organize the most effective order of witnesses.

D. The “Conceptual” Process of Reconstruction
The conceptual process of reconstruction is in many manners a hybrid between the work and research.
Documentation and Collection
a. Collection: “evidence which is neither recognized nor collected has no value to the investigative process.” If no physical evidence is collected there can be no reconstruction attempted. Consequently, a meticulous crime scene search is imperative.
b. Documentation: Once collected, the evidence should be properly documented.
1. Crime Scene Investigation Report: a verbal “walk through” provide focus and a starting point.
2. Crime-Scene Photos:
3. Crime-Scene Video
4. Crime-Scene Sketches
5. Crime-Scene Evidence Logs
6. Evidence Submission Forms
7 Results of Forensic Analysis
8. Investigators’ and Police Reports
9. Reports and Observations of CLUES



10. Medical Examiner’s Reports: time, cause, manner of death, wound pattern, toxicological reports. ante-mortem, peri-mortem, or post-mortem injuries.
· Medical Reports/Sexual Assault Protocol: Physician examination -victim’s injuries. Evidence of sexual assault and samples.
· Autopsy Photos: Still photos -victim’s wounds (both internal and external).
· Autopsy Video: victim’s injuries.
11. Witness and victim statements: can and or cannot be collaborated.- identifying weak areas .
It is important to note the reconstructionist is not an expert in all investigative and/or forensic science fields. The Reconstructionist relies on all of the forensic experts' reports, when conducting his reconstructive analysis.

c. Evaluation and Classification
i. Evaluation
Subsequent to the collection and documentation stage, the physical evidence may now be evaluated an appropriately classified & is “the first stage in a formal reconstruction”. The following types of evaluations can be conducted to extract
1. Biological Analysis:
2. Physical Analysis:
3. Medico legal Analysis: .
4. Victimological Analysis: victim’s schedule, habits, demeanor, residency, fears, friends, and enemies indicates where a person might have been at a certain time, how this person might have fought back against an assailant, and where this person lives in regards to the major crime scene site(s).
When investigating a homicide these crime scene sites are the last location seen, point of contact with offender, initial assault, murder site, and body recovery site. Provides a detailed list of victimological characteristics that may prove investigatively valuable not only to detectives but also for the Reconstructionist. Classifying evidence, as to its role in the crime scene, will lay the foundation for the next stage of reconstruction, the assessment stage.

ii. Classification
1. Predictable Changes: This information can be valuable in constructing a time line of crime scene events. Rigor mortis and lividity, a well-defined time line after death, estimating time of death.
2. Unpredictable Changes: changes, which cannot be controlled or predicted. Contamination of a scene detrimental to evidentiary value.
3. Transitory: fragile evidence, evaporate, diminish, or dissipate over a short period. Failure to document or collect such evidence is detrimental to the reconstructive process. Odors, footprints in moisture, and a smoldering cigarette butt.
4. Relational: The location of evidence. Eg broken glass in burglary- outside / dispersed within the home. Bloodstain patterns. Ejected cartridge cases; disturbed furniture in violent struggle.
5. Functional: operational condition of an item. Condition of the firearm in firearm-related homicides or suicides.

d. Assessment
The sequence of events - in light of what it does and does not support. By eliminating the impossible, until what ever is left, is the truth.”
1. Sequence of events: This type of evidence allows events to be ordered.
2. Directionality of certain actions: Directionality can provide insight into offender-victim behavior. Directionality by locating the tails of bloodstains, examining the radial and concentric fractures of glass, examining a bullet wound (entrance or exit wound), and by examining the direction of tire tracks.
3. Description of actions: the motions or actions of participants- chips or indentations in a wall showing where items have been thrown.
4. Locationality of objects and/or victims: - in a holistic sense. The victim's body was moved or altered shifted after death.
5. Defines ownership: - the origin of an object or identity of a person. Direct physical match between two pieces of glass, latent fingerprints, DNA, or bite-marks.
6. Limiting factors to the scene: Crime scene parameters are determined from these pieces of evidence. For example, a bullet breaking through a window will expand the crime scene to include the outdoors.

e. Integration
The integration stage “is the ultimate goal of the reconstructive analysis, the process of reconstructing these events and event segments is event segment analysis. The integration/reconstructive phase are equivalent to piecing together a puzzle.
one cannot force a piece into a location
flexibility when constructing a puzzle,
willing to alter his or her reconstruction if new evidence is found
Then construct a flow chart.

f. The Scientific Method and Crime Scene Reconstruction
Possess a strong understanding and foundation for the use of the scientific method.
Expert testimony [scientific, technical, or specialized knowledge] is based on reliable, valid, and testable procedures.
Opinions without a reliable or testable foundation will not be admissible.
The scientific method will and can strengthen validity and reliability.

Chapter 5: Victims of crime: Psychological Trauma of Crime Victimization

Crime victimization leaves victims, families, and friends in a state of turmoil. There is financial loss and physical injury. But the most devastating is the emotional pain caused by crime and the aftermath.
The psychological trauma of victimization can be separated into two phases:
the initial crisis reaction to the violation, and
the long-term stress reactions it sometimes causes,
I. The Crisis Reaction
A. Individuals exist in normal state of equilibrium.
1. Each person establishes his or her own boundaries.
2. Occasional stressors will move him out, but most respond effectively.
3. Trauma throws people far out of that range - difficult to restore balance. When they do, it is different “graph” equilibrium with new boundaries and a new definition.
4. Trauma may be precipitated by an “acute” stressor or many “chronic” stressors.
a. An acute stressor is usually a sudden, arbitrary, often random event. [Stranger]
b. A chronic stressor is one that occurs over and over again [Chronic child, spouse, or Elder abuse].
c. “Developmental stressors” in life, like adolescence, marriage, parenthood, and retirement. They are susceptible to intense crisis reactions.
B. The crisis reaction: the physical response.
1. Physical shock, disorientation, and numbness.
“Frozen fright”. They cannot comprehend the event or its impact. Do not move or react. Disoriented. [“‘Your son was murdered last night.’]
2. Adrenaline immediately affects the body’s response to the event. Fight or flee by instinct and emotion. No thoughtful decision-making.
3. Other manifestations of the body's instinctive response include the following.
a. Regurgitation, defecation, or urination.
b. Increase in heart rate.
c. Hyperventilation, perspiration, and physical agitation.
D. Heightened sensory perception.

In the initial reaction, a perception of what is happening will be transmitted through Just one of the senses, but as the physical mobilization takes place, other senses may be Intensely engaged, one after the other. Some Senses may be shut down during this period; each is ready - fight threat in the interests of survival. Certain Sights, heard, touched, smelled, or tasted may leave indelible memories.

4. Heightened physical arousal associated with fight-or-flight cannot be prolonged indefinitely. Eventually the body will collapse in exhaustion.
a. Whether the body’s reaction to exhaustion is sleep or unconsciousness, the response will be experienced as a break with the traumatic event.
b. So long as a person stays awake he or she is in touch with a “present” that preceded the Crime. Once sleep overcomes one, that person moves onward to the future.
c. It is not unusual for people to wake from the state of exhaustion and become overwhelmed with grief and guilt because they have been separated from the immediacy and the intensity of the event.

C. The crisis reaction: the emotional response.
1. The first emotional response to crisis parallels the physical response. It involves shock, disbelief, and/or denial. This stage may last for only a few moments or it may go on for months — even years. Regression accompanies this shock. Victims and survivors often assume a childlike state.
a. The shock may be directed as much at the senselessness and randomness of the event as at the event itself.
b. Feelings of being a child or wanting to be a child again may be reflected in victim and survivor reactions to helpers or interveners as mommy or daddy.
2. Cataclysm of emotions.
a. Fear or terror. Fear is the primary emotion experienced when a person is threatened by a traumatic event. In the aftermath of most catastrophes that fear is translated into a sense of terror. Many people talk about having seen their own death, and the fear of that death is intense.
b. Anger or rage.
Fear drives anger. Directed at God, human error, the assailant(s), family members, the criminal justice system, and even oneself. Out of the sense of helplessness, expressed as revenge and the desire for vengeance; overwhelming rage. Defuse anger to prevent injury.
There is another kind of anger: Hate involves emptiness, bitterness, and a painful dissonance with normal feelings of benevolence towards humanity. Experiencing hate is debilitating and dysfunctional.
c. Frustration. Helplessness and powerlessness = Frustration.
d. Confusion. Confusion stems from the “why me?” question that plagues most victims. Blame them.
e. Guilt or self-blame. These emotions often have two aspects. The first feelings of guilt or self-blame - identify behaviors or attitudes leading to event.
Cognitive guilt may be legitimate = identify reasonable contributory behavior. Is good.
Illegitimate cognitive guilt = guilt + “should’ve’s, could’ve’s, would’ve’s”. is bad
Survivor guilt. why they survived while others died; unworthy of survival or guilty as saved
.
f. Shame and humiliation. State of self-loathing eg. Victims of rape - dirtiness that will not wash away.
g. Grief or sorrow. Intense sadness over losses is not uncommon. Such sadness is often the most powerful reaction to a disaster in the long-term.
Grief is compounded in sudden, random, arbitrary crises. It is often associated with phases of denial, protest, despair, and detachment prior to a reconstruction of life after loss. When grief is occasioned by a sudden and brutal crime, the initial reaction will be grief about the crime and the secondary reaction will be grief over the loss.

3. Reconstruction of equilibrium.
The reconstruction of a new equilibrium is a roller coaster, take a long time. Crisis intervention and supportive counseling needed. .

II. Long-Term Stress Reactions
A. The Prolonged Effects of Trauma: stress reactions for years. ..
B. Types of Long Term Stress Reactions.
post-traumatic stress disorder,
“Disorders of Extreme Stress Not Otherwise Specified,” and
Long-term crisis reactions.

1. Post-traumatic Stress Disorder. (PTSD)
A. The individual has experienced an event that is outside the range of usual human experience and that would be markedly distressing to almost anyone.
B. The distressing event is persistently re-experienced in at least one of the following ways:
(1) Recurrent and intrusive distressing recollections of the event (with guilt) “Some victims ‘play back’; talk about it.
(2) Recurrent distressing dreams of the event
Nightmares - a scary or sinister with monsters, demons.

(3) Sudden acting or recurring feeling - (reliving, illusions, hallucinations, and dissociative episodes, Flashbacks; Intrusive thoughts or nightmares; Flashbacks common in murder or sexual assault.
(4) Intense psychological distress @ anniversaries; psychological triggering of the memory is a common.
C. Persistent avoidance of stimuli associated with the distressing event or numbing of general responsiveness:
deliberate efforts to avoid thoughts or feelings associated with the event
deliberate efforts to avoid activities or situations that arouse recollections of the event
inability to recall an important aspect of the event (psychogenic amnesia)
Markedly diminished interest in significant activities.
feeling of detachment or estrangement from others
Restricted range of affect.
Sense of a foreshortened future.

D. Persistent symptoms of increased arousal (not present before the event) as indicated by at least two of the following:

(1) Difficulty falling or staying asleep
(2) Irritability or outbursts of anger
(3) Difficulty concentrating
(4) Hyper vigilance
(5) Physiologic reactivity at exposure to events that symbolize or resemble an aspect of the event.
E. Duration of the above disturbances for at least one month = PTSD.

2. Acute PTSD or “Disorders of Extreme Stress Not Otherwise Specified”
a. “Disorders of Extreme Stress Not Otherwise Specified” (DESNOS).
• in persons who have survived complex, prolonged or repeated trauma with coercive control via violence or threat of violence; control of bodily functions; capricious enforcement of petty rules; intermittent rewards; isolation; degradation; and enforced participation.
• multiplicity of symptoms; dissociation; affective change; alterations of consciousness such as amnesia, transient dissociative episodes or depersonalization; alterations in affect such as dysphoria, chronic suicide tendencies, self-injury, explosive or stifled anger, compulsive or stifled sexuality; changes in relationships manifested by isolation, disruptions of intimate relationships, distrust, failures in self-protection, searches for a rescuer; alterations in self-perception manifested through helplessness, shame, defilement, stigma; and alterations in belief such as loss of faith and a sense of hopelessness, despair or disgust.

3. Long-term Crisis Reactions.
a. Not all victims/survivors suffer from long-term stress disorder.
b. But many victims continue to re-experience crisis reactions over long periods of time.
c. Such crisis reactions are normally in response to “trigger events” that remind the victim of the trauma.
d. Trigger events will vary with different victims but may include:
• Identification of an assailant.
• Sensing (seeing, hearing, touching, smelling, tasting) something similar to something that one was acutely aware of during the trauma.
• News accounts of the event or similar events.
• “Anniversaries” of the event.
• The proximity of holidays or significant “life events”.
• Hearings, trials, appeals or other critical phases of the criminal justice proceeding or civil litigation.
• Media events about a similar event.

4. Long-term stress or crisis reactions may be exacerbated or mitigated by the actions of others. When such reactions are exacerbated, the actions of others are called the “second assault” and the feelings are often described as a “second injury”.
a. The criminal justice system.
b. Media response.


Chapter 6: Witness of crime Integrity of Witnesses:

A JUDGE cannot just throw the question at the witness and expect him to tell the whole truth. Witness needs to be trained in: · want to tell the truth; · Able to tell the truth. THE MENTAL ACTIVITY OF THE EXAMINEE: OF SENSE PERCEPTION:If the perceptions are good our judgments may be good, if they are bad our judgments must be bad. In the basis of every judgment concerning existence of facts, we find that the evidence of the senses is final and the only true source of certainty. “ There is a quarrel as to the objectivity and reliability of sense perception. That "the senses do not lie, not because they are always correct, but because they do not judge", is a frequently quoted sentence of Kant.Fundamental law of perception “Modern psychology believes that the qualitative character of our sensory content produced by external stimuli depends primarily on the organization of our senses. Eg: apparent perception is wrong because of sound being reflected back or light being refracted in water There is an infinite series of laws controlling each stage of perception. Perceptions are mixed when they are connected with imaginations, judgments, efforts, and volitions. Judgments almost always accompany it. “ Sensation, i. e., the stimulation of the sensorium and the passage of this stimulation to the brain, does not in itself imply the perception of an object or an event in the external world, “ Sensations are more subjective. “Visual perception is a comprehensive or compounding activity” But each individual method of “comprehension “ is different. The fact is that men may perceive an enormous variety of things with a single glance. And generally, the perceptive power will vary with the skill of the individual. The narrowest, smallest, most particularizing glance is that of the most foolish; and the broadest, most comprehensive, and comparing glance, that of the most wise, when the time of observation is short. The speed of apperception IS 0.015 to 0.035 seconds for compounded images. Physicists believe that the nerves serve us passively in the perception of events. Physiologists treat the nerve fibers are active in the apprehension of external events, which modify & alter the same before submitting it to consciousness. Other conditions of sense perception. First: vicariousness of the senses of substitute’s one sense for another. The actual substitution of one sense by another as that of touch and sight. Alternatively, sound and sight. Vicariousness of visual sensations is the most numerous. Anybody who has been beaten is convinced of seeing his assaulter even in pitch darkness. Retrospective illumination of perception. Sense- perception under conditions of some noticeable interruption, when the stimulus does not give rise to that perception with out subconscious supplying the missing links in the event being perceived. Eg: an old peasant woman, who was busy sewing in the room, asserted that she had just before the shooting heard a few steps in the direction from the shot. The steps of the new arrival were perceived subconsciously, when she was frightened by the shot, subconscious supplied the information and was consciously perceived. The same thing could happen with regard to vision. This psychological process is of significance in criminal trials, inasmuch as many actionable cases depend upon sudden and unexpected events, where retrospective illumination may frequently come in. In such cases, it is most important to determine what actually has been perceived. (b) The Sense of Sight. Most important in the criminal court, It is better to see once than to hear ten times, “ people know little of optical illusions and False visual perceptions. They are aware of incorrect auditions eg: If anybody, as “heard a shot”, "stealthy footsteps”, “crackling flames”, we take his experience always to be approximate. But if he has seen these things or their causes. We take them to be indubitable perceptions. But there are lies which are visual (deceptions, masking, illusions). Correctness of vision has to be tested with the sense of touch. Supreme judge among the senses is the touch but it is always under the control of the sense of sight. The visual process· The physico-chemical process.· The physiologico-sensory.· The psychological.· The physiologico-motor.· The process of perception.We will examine the process of perception. we must have condensed and compounded a number of them in order to get the image that we see with our eyes as instantaneous eg: in case of particular instances a, b, c, d, e, f, g, h, i, j, k, l, m; One man may compound his elements in groups of three: a, b, c, d, e, f, g, h, i another may proceed in dyads: a, b, c, d, e, f, g, h, a fourth a, c, d,f, h, i. We interpolate objects in the lacunae of vision according to our expectations. In a case of perception of assault and battery. When ten people see how a raises a beer glass and five expect pounding and another five expect throwing but both will stick to their expectation being correct even under oath. We have anthropocentric vision i. e., seeing the world with man as the center of things. we see things only in perspective sizes, i. e., only from an angle of vision varying with their approach, withdrawal and change of position, but in no sense as definite cubical, linear, or surface sizes. The apparent size of an object is a factor of angle of vision and distance. Eg: distant things seem smaller than near ones. We separate the color of the object from the intensity of the incident light. Mistakes often occur - a man dressed in dark clothes but in full light will be described as wearing lighter clothes than one who wears light clothes in the shadow. Differences of illumination reveal a number of phenomena difficult to explain. In daylight, we look into a basement room from outside, we can perceive nothing, almost; everything is dark, even the windows appear black. But in the evening, if the room is ever so slightly illuminated, and we look into it from outside, we can see even small articles distinctly. Solution to such contradictions is conducting an experiment. The human eye is so very different in each man that even the acute examination here has great variety in visual capacity. Lengthy objects like poles, wires, etc., are visible at incomparably greater distances than, e.g., squares of the same length. The stars may be seen in daylight from a deep well, from mines, or high mountains. The power of the full moon is not more than that of a candle twelve feet away. eg: a man may be recognized during the first quarter at from two to six meters, at full moon at from seven to ten meters, and at the brightest full moon, an intimate may be recognized at from fifteen to sixteen meters. A body close to the face or in the middle distance looks different according as one eye or both are used in examining it. In binocular vision, certain things are seen with one eye only. This may be of importance when an effect has been observed first with both eyes, then with one; It is also certain that the longer you are in darkness the more you see. Prolonged use of the visual mechanism tends to hypertrophy-- or atrophy, muscular innervation followed by the visual stimulus. Everybody to some degree does the identical things. In cases of assault and battery. “They stuck their hands into their trousers pocket looking for a knife, clenched their fists, looked as if they were about to jump, swung their hands“. (2) Color Vision. Colors possess objective differences, and that these objective differences are perceived even by persons of normal vision. There are people who are colorblind. The angle of vision ALSO determines the color we see. A square of red is seen as dirty red at an angle of 3”27” on a white background and blue at 4”17” against black background. We have to establish the color of the object and its background before the accuracy of the witness can be established. 4. The retina will not see red at the periphery, because there are no red rods there. Objects in less refractable colors (red, orange, yellow, and purple) look 0.2 to 3.6% bigger against white, while blue, blue-green, and violet objects appear from 0.2 to 2.2% smaller. 6. If colors are observed through very small holes, the nuances become essentially different and green may even seem colorless. (3) The Blind Spot. The size of the blind spot increases with the distance so that at a great distance, possibly half the length of a room, the blind spot becomes so great that a man’s head may disappear from the field of vision. The Sense of Hearing: Whether the witnesses have heard correctly, and whether we hear them correctly is a factor of:· Correct comprehension, · faithful memory, · the activity of the imagination, · the variety of influences, · The degree of personal integrity.Completely accurate reproduction of what witnesses have heard is not possible. The witness, e. g., will confuse the words which sound similar or which mean similar “ scamp, “ “ cheat, “ “ swindler, “ “ donkey, “ “ scamp “ A has insulted B with an epithet of moral turpitude or of stupidity. Under examination, the witness inserts an appropriate term. People hear only according to meanings and have difficulty to reproduce verbally something said by a third person. He will reproduce no more than the sense, not the words. They tell us only what they suppose to be the meaning. Uneducated shut their ears to all things they do not understand. The examination must be made by experts, and if the case is really subtle, it must be made under the same circumstances of place and condition, and with the same people as in the original situation. Otherwise, nothing certain can be learned. Auditory power varies with individuals, with the time, the place, and the voice. Any individual can distinguish a single definite tone among many, hear it alone, and retain it. Auditory capacity is exceedingly differentiated and that there is no justification for aprioristic doubt of especial powers. A comparatively large number of people do not hear high tones; all people have difficulty in making a correct valuation of the direction of sound. We are better able to judge right and left direction of sound than from before and behind. Sounds in front are often mistaken for sounds behind and felt to be higher than their natural head-level. Bi-aural hearing is of great importance for the recognition of the direction of sound. Conduction of sound-- sound is carried far in compact bodies/ solids. Noises conducted by compact bodies, can be heard with astonishing distinctness, if some remote wall, is knocked, the noise is heard perfectly well, although somebody standing near hears nothing Deafness begins with the inability to hear high tones and ends with the inability to hear deep ones, so that it often happens that complainants are not believed because they still hear deep tones. Deaf often lip-read called “audition" of deaf mutes. After the fiftieth year, there is decrease in normal hearing, but increase in the degree of auditory limitation. Old women can hear from a greater distance than old men can. Children can hear from a greater distance than adults can. Adult women hear from a greater distance than men do but boys hear from a greater distance than girls do. The Sense of Taste.Very few people mean the same thing by, stinging, prickly, metallic, and burning tastes, - ordinary terms sweet, sour, bitter, and salty, may be accepted as approximately constant. The age, habits, health, and intelligence of the taster, exercise great influence on his values. Flat, sweetish, contractile, limey, pappy, sandy, which are all dictated by almost momentary variations in well-being. Whether the perception has been made with the end or the root of the tongue also makes a difference eg: Glauber’s salts: salty [TONGUE-TIP] bitter [TONGUE ROOT] Diseased conditions and personal idiosyncrasies exercise considerable influences. Woman’s sense of taste is finer than man has, educated man finer than that of the uneducated. In case of women, education makes no difference. The Sense of Smell. Men have more acute olfactory powers. The utility of smell would be great because it is accurate, and hence powerful in its associative quality. If the accident is considered to be an association and studied in the light of a memory of odor, one may often succeed in finding the right clew in making progress. When some question concerning smell is put, the answer is generally negative. One may succeed in getting the witness to confess that he had smelled something. With proper questioning the associated events are faithfully and completely brought to memory. A delicate sense of smell is frequently associated with nervousness. People with broad nostrils and well-developed foreheads, who keep their mouths closed most of the time, have certainly a delicate sense of smell. People of lymphatic nature, with veiled unclear voices, do not have a keen sense of smell, and still duller is that of snuffers and habitual smokers. Up to a certain degree, practice may do much, but too much of it dulls the sense of smell. Butchers, tobacconists, perfumers, their sense of smell have been dulled, while apothecaries, tea dealers, brewers, wine tasters, achieve great skill. Very nervous persons develop a delicateness and acuteness of smell. Zinc, copper, sulphur, and iron, have individual odors; even normal individuals often have a passionate love for odors that are either indifferent or disgusting to others (rotten apples, wet sponges, cow-dung, and the odor of a horse-stable, garlic, assafoetida, very ripe game,). The same individual finds the odor of food beautiful when hungry, pleasant when full-fed and unendurable when he has migraine. With regard to sex, the sense of smell is twice as fine in men as in women. The Sense of Touch. The senses of location, pressure, temperature, under the general expression: sense of touch. Many witnesses tell of perceptions made in the dark or when they were otherwise unable to see, and because much is perceived by means of this sense in assaults, wounds, and other contacts. Full certainty is possible only when sight and touch have worked together and rectified one another. Practice leads to considerable accuracy in touch and on many occasions, the sense is trusted more than sight-- delicacy of an object with our fingertips. Eg: The fineness of paper, leather, the smoothness of a surface, the presence of points, Very smooth, raw. Whoever has to depend much on the sense of touch increases its field of perception, as we know from the delicacy of the sense in blind people? The statements of the blind concerning their contact sensations may be believed even when they seem improbable; deaf people will perceive the roll of an approaching wagon or the approach of a person, long before people with good hearing do so. The sense of touch is, moreover, improved not only by practice, but also by the training of the muscles. The observational capacity of individuals who make much use of their muscles is greater than among persons whose habits are sedentary. Educated man is more sensitive in all directions than the uneducated. Again, women have a better-developed sense of touch than men, the space-sense and the pressure-sense being equivalent in both sexes. The injection of morphine, e.g., reduces the space-sense in the skin. _Cannabinum tannicum reduces sensibility And alcohol is swift and considerable in its effects. Some sensitive are extreme in their feeling. They notice immediately the approach and relative position of people, or the presence of another in a dark room. Very nervous people frequently feel air pressure, fine vibrations, and great variety of touch impressions that may be distinguished. Sense of temperature has a comparatively high development, and more so in women than in men. At the lips and with the tips of the fingers, differences of two-tenths of a degree are perceived. The estimation of very common temperatures must be accepted as correct. The whole hand finds water of 29 degrees R. warmer than water of 32 degrees R. that is merely tested with the finger. Estimations of temperature are frequently required and their reliability must be established. With regard to the time it takes to feel contact and pain, it is asserted that a short powerful blow is felt immediately, but the pain of it one to two seconds later. The perception of a peripheral pain occurs an observable period after the shock, the sensation of a stab is often identified as contact with a hot Object, and it is further asserted that the wounded person feels close to the pain which accompanies the push or the cut, the cold of the Blade and its presence in the depths of his body. Stabs, shots, and blows are sensed as pushes. , the rising of the blood is felt almost immediately, but nothing else; pain comes much later. “Sitting thrusts, “ even when they are made with the sharpest swords, are sensed only as painless or almost painless, blows, or pushes. The sensation is felt as if caused by some very broad dull tool: a falling shingle, perhaps. But not one has felt the cold of the entering blade. Soldiers whose had shot wounds had felt only a hard push.Soldier senses clearly the entrance of his sword-point or blade into the body of his enemy.The portion of the skin which covers a bone and which is then so pulled away that covers a fleshy part, cannot easily identify the point of stimulation. The sensation of wetness is composed of that of cold and easy movement over surface. Hence, when we touch without warning a cold smooth piece of metal, we think that we are touching something wet. But the converse is true for we believe that we are touching something cold and smooth when it is only wet. They have felt blood when they have only felt some smooth metal, or they have really felt blood and have taken it for something smooth and cold. 3. Repetition, and hence summation, intensifies and clarifies the sensation of touch. We may ask whether the touch occurred once, or was repeated. In touching, essential differences may appear. It is difficult to determine merely by touch whether a thing is straight or crooked, flat, convex or concave. The sensation of weight differs a great deal on different portions of the skin. The most sensitive are the forehead, the temples, the eyelids, and the inside of the forearm. The most insensitive are the lips, the trunk, and the fingernails.

PERCEPTION AND CONCEPTION.

Purely sensory impressions to intellectual conceptions of these impressions, is the possibility of later reproducing any observed object or event.There are two spheres or regions of consciousness: the region of sensation, and of external perception. External perception involves three principal functions: apprehension, differentiation, and combination. Recognition. Recognition indicates only that an object has sufficiently impressed a mind to keep it known and identifiable. Starting from observation to collection of all the facts, the next step is deduction. Mistakes in the observations. . Mistakes in observation are positive or negative, wrong observation or oversight. The latter occurs largely through preconceived opinions. We give up some already tried approach without actually testing the truth of the exception, which challenges it. In recognizing events we must proceed slowly, without leaping, and that we may construct our notions only on the basis of knowledge we already possess. Only when the unknown is connected with the known is it possible to understand the former. All of us, educated and uneducated, have apprehended and remember definite and distinct images of all things we have seen, heard, or learned from descriptions. When we get new information, we simply attach the new image to the old, or extinguish a part of the old and put the new in its place. The customary and identical things are so habitual that they are apprehended with greater ease. We do not see an event in spite of its being in the field of perception. When we consider the qualities of things, we discover that we never apprehend them abstractly, but always concretely. We do not see color but the colored object; we do not see warmth, but something warm; not hardness, but something hard. Color cannot be thought of without space or space without color, the task of determining the concrete object to which the witness attaches the qualities he speaks of, will still be overlooked hundreds of times. With the degree of intelligence rises the degree of effect of the “dark Subconscious perceptions“. They turn bare assertions into well-ordered perceptions and real representations. The most comfortable procedure is to compare the lesser testimonies with those of the most intelligent of the witnesses. The best thing is to help the witness to his full evidence gradually, at the same time taking care not to suggest oneself and thus to cause agreement of several testimonies which were really different but only appeared to look contradictory on account of the effect of subconscious perceptions. The very best thing is to take the testimony as it comes, without alteration, and later on, when there is a great deal of material and the matter has grown clearer, to test the stuff carefully and to see whether the less intelligent persons gave different testimonies through lack of capacity in expression, or because they really had perceived different things and had different things to say. The statement that experts must be the best witnesses is false, judgment of the expert will naturally be better than that of the layman; his apprehension, however, is as a rule one-sided, not so far-reaching and less uncolored. They often give false evidence because they treat the event in terms of their own interest and are convinced that things must happen according to the principles of their trades. Our perceptions of location and their value would be very different if we had to testify concerning relations of places, in court. But hardly anybody will assure the court that in general he orients himself well or ill. There are people all of whose perceptions are closely related to their sense of location. The better a man knows the language the more rapidly can he repeat and read its words. The time used in order to identify a single letter is a quarter of a second, the time to pronounce it one-tenth of a second. Colors and pictures require noticeably more, not because they are not recognized, but because it is necessary to think what the right name is. We are much more accustomed to reading words. The more definitely an event to be described is conceived, the clearer the deduction and the more certain the memory of it, the more rapidly may it be reproduced. It follows that, setting aside individual idiosyncrasies, the rapidity of speech of a witness will be of importance when we want to know how much he has thought on a question and is certain what he is going to say. It is conceivable that a person who is trying to remember the event accurately will speak slowly and stutteringly, or at least with hesitation at the moment. The same will occur if he tries to conceive of various possibilities, to eliminate some, and to avoid contradiction and improbability. If, however, the witness is convinced and believes truly, what he is telling, so that he may go over it in his mind easily and without interruption, he will tell his story as quickly as he can. This may indeed be observed in public speakers, even judges, prosecutors, and defense; if anyone of them is not clear with regard to the case he represents, or not convinced of its correctness, he will speak slowly; if the situation is reversed, he will speak rapidly.

IMAGINATION.

The things witnesses tell us have formerly existed in their imaginations,We are interested in the reliability of the imagination and in its identification with what we assume to exist and to occur. The description offered by the witness adds another image, i. e., our own image of the matter; Out of the individual images of all concerned, an image should be provided which implies the image of the represented event. Representation can never be identical with its object. “Our visions and representations are effects; objects seen and represented have worked on our nervous system and on our consciousness. The nature of each effect depends necessarily upon the nature of its cause, and the nature of the individual upon whom the cause was at work. “ Whoever has seen anything under certain circumstances, or during a certain period of his life, may frequently produce an image of it varying in individual characteristics, but in its general character constant. If he sees it later under different conditions, at a different age, when memory and imaginative disposition have exercised their alterative influence, image and object fail to correspond in various directions. When we have perceived something, which did not appear to us altogether correct. We improve the thing, a witness persuades himself into the belief of some definite idea in the course of his examination, inasmuch as with regard to some matter he says more and more definite things at the end than at the beginning. INTELLECTUAL PROCESSES. “How intelligent is he? And what use does he make of his intelligence? What are his processes of reasoning? “ “ A gentleman, carrying a small peculiarly-formed casket, entered a steam car, where an obtrusive commercial traveler asked him at once what was contained in the casket. “ My Mungo is inside!” “Mungo? What is that?” “Well, you know that I suffer from delirium tremens, and when I see the frightful images and figures, I let my Mungo out, and he eats them up.” “But, sir, these images, and figures do not really exist.” “Of course they don’t really exist, but my Mungo doesn’t really exist, either, so it’s all right!” “ It is best to stick to simple facts. If the witness handles the fact properly, we may trust him. We learn, moreover, from this handling how far the man may be objective.His perception as witness means to him only an experience, and the human mind may not collect experiences without, weaving its speculations into them. Human understanding is architectonic; it aims to bring together all its knowledge under one single system and this according to fixed rules and systems defined by the needs of ordinary mortals. We also are bound to be mistaken if we presuppose the lack of reason as a peculiarity of the uneducated only, and accept as well thought-out the statements of people who possess academic training. The educated are altogether too much inclined to depend upon authority even where they can judge for themselves. It becomes second nature to follow this line of least resistance, and to seek intellectual conformity. The Subconscious. The importance of unconscious operations in legal procedure is undervalued. We perform unconsciously things that are deeply habitual. We perform unconsciously things to which we have become accustomed in accordance with our especial characters. This is certainly correct and may perhaps be more frequently made use of when it is necessary to judge how much an individual would have done at one and the same time, and how much he would have done unconsciously. The brain does not merely receive impressions unconsciously; it registers them without the co-operation of consciousness, works them over unconsciously, awakens the latent residue without the help of consciousness, and reacts like an organ endowed with organic life toward the inner stimuli which it receives from other parts of the body. This also influences the activity of the imagination. “Even the unconscious psychic activities; compete with the conscious or with other unconscious activities for psychic energy. Hence, a suddenly appearing important idea may lead us to stop walking, for absolutely without attention, even unconscious attention, nothing can be done. The unconscious activities are in their agreement with the conscious. Only human nature, its habits, idiosyncrasies, and its contemporary environment can give us any norm.

ASSOCIATION OF IDEAS.

It is determined by:

1. Similarity (the common quality of the symbol).

2. Contrast (because every image involves opposition between its extremes).

3. Co-existence, simultaneity (the being together of outer or inner objects in space).

4. Succession (images call each other out in the same order in which they occur).

“Getting an idea “ or “occurrence “ is essentially one and the same in all its forms.

1. “Constructive occurrence, “ by means of which the correct thing may possibly be discovered in the way of combining, inferring, comparing, and testing.

2. “Spontaneous occurrence “ in which a thought appears with apparent suddenness for no particular reason.

3. “Accluding occurrence, “ in which, in the process of the longest possible calm retention of an idea, another appears of itself and associates with the first.

4. “Retrospective occurrence, “ which consists of the development of associations backward.

RECOLLECTION AND MEMORY.

Whether he can tell the truth depends upon perception and memory. The Essence of Memory. Our ignorance concerning memory is as great as its universal importance, and as our indebtedness to it for what we are and possess. The content of recollection is not only the idea of the remembered object, but also the idea that the object had been experienced before. Recognition must be amenable to logical thinking. The difference between perceptive images and memory images are not more. “Reproduction “ of memory includes involuntary reproductions which rise in the forms and qualities of past events without being evoked.

Everybody knows how important twilight may be for memory. They may be divided into three essential groups.

1. What is received fades away, becomes a “trace, “ and is more or less overlaid by new perceptions. When these latter are ever set aside, the old trace comes into the foreground.

2. The ideas sink, darken, and disintegrate. If they receive support and intensification, they regain complete clearness.

3. The ideas crumble up, lose their parts. When anything occurs that reunites them and restores what is lost, they become whole again.

The Forms of Reproduction.

Kant analyzes memory:1. as apprehending something in memory.2. as retaining it for a long time.3. As immediately recalling it. “ We might know the physiognomy of an individual very accurately, be able to pick him out among a thousand, without being clear about the differences between him and another; indeed, we often do not know the color of his eyes and hair, yet marvel when it suddenly becomes different. “ We lack memory of all unpleasant sensations. The first time one jumps into the water from a very high spring-board, the first time one’s horse rises over a hurdle, or the first time the bullets whistle past one’s ear in battle, are all most unpleasant experiences, and whoever denies it is deceiving himself or his friends. Time, naturally, in such cases makes a great difference, and if a man were to describe his experiences shortly after their uncomfortable occurrence heWould possibly remember them better than he would later on. “The difference in the content of the recollected is due to discoverable causes. Melodies may become painful because of their undesirable obstinacy in return. Forms and colors do not usually recur, and if they do, they do so with noticeable claims on distinctness and certainty. Past emotional conditions are reproduced only with effort, in comparatively pallid schemes, and often only by means of the accompanying movements. “ Of course the possibility of artificially stimulated memory disappears like all memory, with the lapse of time. Memory can be intensified by means of special occasions.

The Peculiarities of Reproduction.The differences in memory which men exhibit are not, among their other human qualities, the least. As is well known, this difference is expressed not only in the vigor, reliability, and promptness of their memory, but also in the field of memory, in the accompaniment of rapid apprehensively by rapid forgetfulness, or slow apprehensively and slow forgetfulness, or in the contrast between narrow, but intense memory, and broad but approximate memory. We frequently are unwilling to believe the witness testifying in a certain field for the reason that his memory in another field had shown itself to be unreliable. The memory for figures is developed at the expense of other matters. Specialists (numismatists, zoologists, botanists, heralds, etc.) who,apart from their stupendous memory for their particular matters, appear to have no memory for other things, there are people who can remember only rhymes, melodies, shapes, forms, titles, modes, service, relationships, etc the semi-idiotic have an excellent memory and can accurately reproduce events which are really impressive or alarming, and which have left effects upon them. That it is easier to keep in mind rhymed verse than prose, and definite rows and forms than block masses. But, on the one hand, what is here involved is only the ease of memory, not the content of memory, and on the other hand, there are too many exceptions: That aged persons have, a good memory for what is long past, and a poor one for recent occurrences is not remarkable. The instances in which people lose their memory of what has occurred before theEvent by way of a blow on the head, are numerous. All legal medicine discusses the fact that wounds in the head make people forget single words. When he grew stronger and recovered, he regained all he had forgotten. The phenomena of memories, which occur in dying persons who have long forgotten and never even thought of these memories, are very significant. Illusions of Memory.Memory illusion, or par amnesia, consists in the illusory opinion of having experienced, seen, or heard something, although there has been no such experience, vision, or sound. It is the more important in criminal law because it enters unobtrusively and unnoticed into the circle of observation, and not directly by means of a demonstrated mistake. Hence, it is the more difficult to discover and has a disturbing influence which makes it very hard to perceive the mistakes that have occurred in consequence of it. Novels may make such an impression that what has been read or described there appears to have been really experienced. A name or region then seems to be familiar because we have read of something similar. Impressions often occur which one is inclined to attribute to illusory memory, merely to discover later that they were real but unconscious memory; the things had been actually experienced and the events had been forgotten. Whoever is in the habit of dreaming vividly will know how it is possible to have for days a clear or cloudy feeling of the discovery of something excellent or disturbing, only to find out later that there has been no real experience, only a dream. Such a feeling, especially the memory of things seen or heard in dreams, may remain in consciousness. If, later, some similar matter is really met with, the sensation may appear as a past event. This is all the easier since dreams are never completely rigid, but easily modeled and adaptable, so that if there is the slightest approximation to similarity, memory of a dream lightly attaches itself to real experience. Par amnesia occurs only under normal circumstances. A certain fatigued condition of the mind or of the body renders this occurrence more likely. We may think that we have undergone some experience that really belongs to some ancestor. When we consider all the qualities and idiosyncrasies of memory, this so varied function of the mind, we must wonder that its estimation in special cases is frequently different, although proceeding from a second person or from the very owner of the questionable memory, to attack the memory of another with regard to its reliability.

Mnemotechnique.Just a few words concerning mnemotechnique, mnemonic, and anamnestic. The discovery of some means of helping the memory has long been a human purpose. Some have been remarkably successful. Thus, everybody, and the utility apply some artificial grip on the object and reliability of this grip determines the trustworthiness of a man’s memory. Great liars are frequently characterized by their easy use of the most complicated mnemotechnique. They know how much they need it.

THE WILL. We intend by “will “ only what is currently and popularly meant. Will is the inner effect of the more powerful impulses, while action is the external effect of those impulses. will is the transposition of the ideal into the real, how often the common work of will and intelligence opposes us in witnesses and still more so in defendants, causing us great difficulties.

EMOTION: The motive of a series of phenomena and events, both in prisoners and witnesses, is emotion. The word emotion is the property or capacity of the mind to be influenced pleasantly or unpleasantly by sensations, perceptions, and ideas. Concretely, it means the conditions of desire or disgust, which are developed by the complex of conditions thereby aroused. We have first to distinguish between the so-called animal and the higher emotions. We will assume that this distinction is incorrect, and no strict differentiation is possible. We will, however, retain the distinction, as it is easier by means of it to pass from the simpler to the more difficult emotions. The indubitably animal passions we shall take to be hunger, thirst, cold, etc. These are physiological stimuli, which act on our body. They appear simultaneously with the defense against this physiological stimulus. If I am hungry I go for food; if I am cold I seek for warmth; if I feel pain I try to wipe it out. How to satisfy these desiderative actions is a problem for the understanding, whence it follows that successful satisfaction, intelligent or unintelligent, may vary in every possible degree. We see that the least intelligent--real cretins--sometimes are unable to satisfy their hunger, for when food is given the worst of them, they stuff it, in spite of acute sensations of hunger, into their ears and noses, but not into their mouths. We must therefore say that there is always a demand for a minimum quantity of intelligence in order to know that the feeling of hunger may be vanquished by putting food into the mouth. Therefore, we may say that the reaction of the understanding to the physiological stimulus aims to set it aside when it is unpleasant, and to increase and exhaust it when it is pleasant, and that in a certain sense both coincide. The emotion of anger is rather more difficult to explain. However, it is not like suddenly-exploding hatred for it is acute, while hatred is chronic. The case is the same with feeling of attraction. I like what is pleasant to me.

THE FORMS OF GIVING TESTIMONY.Wherever we turn we face the absolute importance of language as a crime is expressed in words, and everything perceived with the eye/other sense, must be clothed in words.

General Study of Variety in Forms of Expression.A man is as he speaks. Each man has especial and private forms of expression. Once you know clearly the tricks of speech belonging to an individual, you also have a clear conception of his character and conversely. A man’s speech indicates his origin than his bringing-up, his education, and his power. This is due to the nature of language as a living thing.Very few persons are able to distinguish between identity and similarity; most of them take these two characters to be equivalent. Substitutions, and hence, sudden alterations, occur when the material of language, especially in primitive tongues, contains only simple differentiations. surprising differences occur between the statements of the witness made in the silent office of the examining justice and his secretary, and what he says in the open trial before the jury as manner of giving it is different, . The difference between the members of the audience has a powerful influence. It is generally true that reproductive construction is intensified by the sight of a larger number of attentive hearers, but this is not without exception. The witnesses, excited or frightened by the crowd of listeners, have spoken and expressed themselves otherwise than before until, in this manner, the whole case has become different. Some fact may be shown in another light by the manner of narration used by a particular witness. . Frequently the testimony of some funny witness makes the rounds of all the newspapers for the pleasure of their readers. Another means of discovering whether a witness is not seduced by his attitude and his own qualities is the careful observation of the impression his narrative makes on himself.

Incorrect Forms of Expression. If it is true that by the earnest and repeated study of the meanings of words we are likely to find them in the end containing much deeper sense and content than at the beginning, we are compelled to wonder that people are able to understand each other at all. For if words do not have that meaning which is obvious in their essential denotation, every one who uses them supplies according to his inclination, and status the “ deeper and richer sense. “ In fact, many more words are used pictorially than we are inclined to think. Wherever images are made use of, therefore, we must, if we are to know what is meant, first establish how and where the use occurred. How frequently we hear false expression is half-consciously made for the purpose of beautifying a request or making it appear more modest. E.g. (“average build” for fat). We speak of borrowing or lending, without in the remotest thinking of returning. (Pen, water, paper, sugar). Similar things are to be discovered in accused or witnesses who think they have not behaved properly, and who then want to exhibit their misconduct in the most favorable light. These beautifications frequently go so far and may be made so skilfully that the correct situation may not be observed for a long time. Habitual usage offers, in this case also, the best examples. Other usages include “noble sport” for “killing animals for fun”. Such nobles are treated as of higher status than butchers who kill ox or sheep for a living. Similar status based classification is seen in accused and witnesses also. Usage has assumed this essential distinction between men, and frequently this distinction is effective in criminal law, without our really seeing how or why. The situation is similar in the difference between cheating in a horse trade and cheating about other commodities. It recurs in the violation of the law by somebody “nobly inspired with champagne, “ as against its violation by some “mere “ drunkard. But usage has a favoring, excusing intent for the first series, and an accusing, rejecting intent for the latter series. The different points of view from which various events are seen are the consequence of the varieties of the usage, which first distinguished the viewpoints from one another.

DIFFERENTIATING CONDITIONS OF GIVING TESTIMONY.

Criminalist finds it impossible to judge a woman. Woman is not only somatically and psychically rather different from man; man never is able wholly and completely to put himself in her place. In judging a male, the criminalist is dealing with his like and depends on his recall or understanding of himself or at least memories of himself at a similar age. But to the nature of woman, we men totally lack avenues of approach. We can find no parallel between women and ourselves, and the greatest mistakes in criminal law were made where the conclusions would have been correct if the woman had been a man. We have always estimated the deeds and statements of women by the same standards as those of men, and we have always been wrong. That woman is different from man is testified to by the anatomist, the physician, the historian, the theologian, the philosopher; every nonprofessional sees it for himself. Woman is different in appearance, in manner of observation, of judgment, of sensation, of desire, of efficacy,--but we lawyers punish the crimes of woman as we do those of man, and we count her testimony as we do that of man. The present age is trying to set aside the differences in sex and to level them, but it forgets that the law of causation is valid here also. Woman and man have different bodies; hence, they must have different minds. But even when we understand this, we proceed wrongly in the valuation of woman. We cannot attain proper knowledge of her because we men were never women, and women can never tell us the truth because they were never men.

• Chapter 7: Psychology of Detainees
  
  Drug abuse
  Identification of Drugs of Abuse
  Name/
  Street name
  Brief
  Description / forms
  Effects
  Acid (LSD)
  Acid, blotter
  Strongest mood-changing drugs. It is sold as tablets, capsules, liquid, or on absorbent paper
  Unpredictable psychological effects. With large enough doses, users experience delusions and visual hallucinations. Physical effects include increased body temperature, heart rate, and blood pressure; sleeplessness; and loss of appetite.
  Club Drugs
  XTC, X (MDMA); Special K, Vitamin K (ketamine); liquid ecstasy, soap (GHB); roofies (Rohypnol).
  
  Typically used by teenagers and young adults at bars, clubs, concerts, and parties. The most common club drugs include Ecstasy (MDMA), GHB, Rohypnol, ketamine, methamphetamine, and acid (LSD).
  Chronic use of MDMA may lead to changes in brain function. GHB abuse can cause coma and seizures. High doses of ketamine can cause delirium, amnesia, and other problems. Mixed with alcohol, Rohypnol can incapacitate users and cause amnesia.
  
  
  Cocaine
  Coke, snow, flake, blow
  
  A powerfully addictive drug that is snorted, sniffed, injected, or smoked. Crack is cocaine that has been processed from cocaine hydrochloride to a free base for smoking.
  
  A powerfully addictive drug, cocaine usually makes the user feel euphoric and energetic. Common health effects include heart attacks, respiratory failure, strokes, and seizures. Large amounts can cause bizarre and violent behavior. In rare cases, sudden death can occur on the first use of cocaine or unexpectedly thereafter.
  Ecstasy/MDMA
  XTC, X, Adam, hug, beans, love drug.
  
  A human-made drug that acts as both a stimulant and a hallucinogen. It is taken orally as a capsule or tablet.
  Short-term effects include feelings of mental stimulation, emotional warmth, enhanced sensory perception, and increased physical energy. Adverse health effects can include nausea, chills, sweating, teeth clenching, muscle cramping, and blurred vision.
  
  Heroin
  Smack, H, ska, junk,
  
  An addictive drug that is processed from morphine and usually appears as a white or brown powder.
  
  Short-term effects include a surge of euphoria followed by alternately wakeful and drowsy states and cloudy mental functioning. Associated with fatal overdose and- particularly in users who inject the drug-infectious diseases such as HIV/AIDS and hepatitis. Long-term users may develop collapsed veins, liver disease, and lung complications.
  Inhalants
  Whippets, poppers, snappers.
  
  
  Breathable chemical vapors that users intentionally inhale because of the chemicals” mind-altering effects. The substances inhaled are often common household products that contain volatile solvents or aerosols
  Most inhalants produce a rapid high that resembles alcohol intoxication. If sufficient amounts are inhaled, nearly all solvents and gases produce anesthesia, a loss of sensation, and even unconsciousness.
  Marijuana
  Pot, ganga, weed, grass
  
  The most commonly used illegal drug in the U.S. The main active chemical is THC
  Short-term effects include memory and learning problems, distorted perception, and difficulty thinking and solving problems.
  
  Methamphetamine
  Speed, meth, chalk, ice, crystal, glass
  An addictive stimulant that is closely related to amphetamine, but has longer lasting and more toxic effects on the central nervous system. It has a high potential for abuse and addiction.
  Increases wakefulness and physical activity and decreases appetite. Chronic, long-term use can lead to psychotic behavior, hallucinations, and stroke.
  PCP/Phencyclidine
  Angel dust, ozone, wack, rocket fuel
  Illegally manufactured in labs and sold as tablets, capsules, or colored powder. It can be snorted, smoked, or eaten. Developed in the 1950s as an IV anesthetic, PCP was never approved for human use because of problems during clinical studies, including intensely negative psychological effects.
  
  Many PCP users are brought to emergency rooms because of overdose or because of the drug’s unpleasant psychological effects. In a hospital or detention setting, people high on PCP often become violent or suicidal.
  
  Prescription Medications
  Commonly used opioids include oxycodone (OxyContin), propoxyphene (Darvon), hydrocodone (Vicodin), hydromorphone (Dilaudid), meperidine (Demerol), and diphenoxylate (Lomotil). Common central nervous system depressants include barbiturates such as pentobarbital sodium (Nembutal), and benzodiazepines such as diazepam (Valium) and alprazolam (Xanax). Stimulants include dextroamphetamine (Dexedrine) and methylphenidate (Ritalin)
  Prescription drugs that are abused or used for nonmedical reasons can alter brain activity and lead to dependence. Commonly abused classes of prescription drugs include opioids (often prescribed to treat pain), central nervous system depressants (often prescribed to treat anxiety and sleep disorders), and stimulants (prescribed to treat narcolepsy, ADHD, and obesity).
  Long-term use of opioids or central nervous system depressants can lead to physical dependence and addiction. Taken in high doses, stimulants can lead to compulsive use, paranoia, dangerously high body temperatures, and irregular heartbeat.
  
  Steroids (Anabolic)
  
  Human-made substances related to male sex hormones. Some athletes abuse anabolic steroids to enhance performance. Abuse of anabolic steroids can lead to serious health problems, some of which are irreversible.
  
  Major side effects can include liver tumors and cancer, jaundice, high blood pressure, kidney tumors, severe acne, and trembling. In males, side effects may include shrinking of the testicles and breast development. In females, side effects may include growth of facial hair, menstrual changes, and deepened voice. In teenagers, growth may be halted prematurely and permanently.
  Smoking/Nicotine
  
  One of the most heavily used addictive drugs
  Nicotine is highly addictive. The tar in cigarettes increases a smoker’s risk of lung cancer, emphysema, and bronchial disorders. The carbon monoxide in smoke increases the chance of cardiovascular diseases. Secondhand smoke causes lung cancer in adults and greatly increases the risk of respiratory illnesses in children.
  alcohol
  
  Men may be at risk for alcohol-related problems if their alcohol consumption exceeds 14 standard drinks per week or 4 drinks per day, and women may be at risk if they have more than seven standard drinks per week or three drinks per day.
  
  
  Twenty five percent of prison inmates have history of alcohol abuse or dependence.
  
  Alcohol misuse = large role in domestic violence and DWI offenses
  
  40 percent of prisoners = domestic violence dispute involving alcohol ,
  Two-thirds DWI offenders alcohol dependent.
  Routine alcohol screening of all offenders will help.
  CAGE
  · C -cut down on your drinking need
  · A annoyed people.
  · G guilty feeling
  · E Eye opener for hangover
  
  Alcohol Use Disorders Identification Test (AUDIT)
  1. How often
  2. How many
  3. How often six or more
  4. How often cannot stop
  5. How often failed to discharge duty
  6. How often first drink in morning
  7. How often guilt or remorse
  8. How often unable to remember last night
  9. Have injured others
  10. friend concerned
  ----------
  T-ACE
  T Tolerance: How many = high?
  · A people annoyed
  · C cut down need
  · E Eye opener:
  
  
  
  Chapter 8: Self harm tendency
  Suicidal ideation can be a symptom of depression. At the same time, other symptoms of depression can serve as warning signs for suicidal ideation...
  DSM-IV CRITERIA FOR DIAGNOSIS OF MAJOR DEPRESSIVE EPISODE
  (Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), American Psychiatric Association, 1994)
  Five or more of the following symptoms have been present during the same 2-week period and represent a change from previous functioning; at least one of the symptoms is either (1) depressed mood or (2) loss of interest or pleasure.
  (1) Depressed mood most of the day, nearly every day, as indicated by either subjected report (e.g., feels sad or empty) or observation made by others (e.g., appears tearful). Note: In children and adolescents, can be irritable mood.
  (2) Markedly diminished interest or pleasure in all, or almost all, activities most of the day, nearly every day (as indicated by either subjective account or observation made by others)
  (3) Significant weight loss when not dieting or weight gain (e.g., a change of more than 5% of body weight in a month), or decrease or increase in appetite nearly every day. Note: In children, consider failure to make expected weight gains.
  (4) Insomnia or hypersomnia nearly every day
  (5) Psychomotor agitation or retardation nearly every day (observable by others, not merely subjective feelings of restless or being slowed down)
  (6) Fatigue or loss of energy nearly every day
  (7) Feelings of worthlessness or excessive or inappropriate guilt (which may be delusional) nearly every day (not merely self-reproach or guilt about being sick)
  (8) Diminished ability to think or concentrate, or indecisiveness, nearly every day (either by subjective account or as observed by others)
  (9) Recurrent thoughts of death (not just fear of dying), recurrent suicidal ideation without a specific plan, or a suicide attempt or a specific plan for committing suicide
  DANGER SIGNS OF SUICIDE
  -Talking about suicide.-Statements about hopelessness, helplessness, or worthlessness.-Preoccupation with death.-Suddenly happier, calmer.-Loss of interest in things one cares about.-Visiting or calling people one cares about.-Making arrangements; setting one’s affairs in order.-Giving things away.
  
  
  Jail Suicide Prevention Program
  intake screening,
  properly trained personnel
  Assess inmates” suicidal potential, at booking & later incarceration.
  detect medical or mental problem,
  determine alcohol or drug intoxication, and
  Address classification needs.
  High-risk population.
  The suicide rate of inmates nine times greater
  Suicide leading cause of death in jails.
  Training enables identify, manage, and serve high-risk inmates.
  
  
  SUICIDE PREVENTION STRATEGY:
  SUPPORT,
  SCREEN,
  SPOT,
  SECURE
  
  Support is critical prior to the emergence of suicide idea.
  
  Protective Factors
  Two categories of protective factors:
  personal protective factors and
  Environmental protective factors.
  Personal Protective Factors
  Easy temperament.
  Experience of self-mastery, problem solving, crisis resolution.
  Optimistic outlook.
  
  
  
  
  
  
  Social/emotional competence.
  High self esteem self worth.
  Decision-making, problem solving skills.
  Sense of personal control, self-efficacy.
  Sense of belonging to a group and/or organization.
  High and realistic expectations.
  High spiritual resiliency.
  Environmental Protective Factors
  Strong family relationships.
  Models of healthy coping.
  Encouragement of participation.
  Opportunities for significant contributions.
  Available social supports.
  Available helping resources.
  Healthy Spiritual/religious affiliation.
  Cultural / religious beliefs against suicide
  
  General Questions about Suicide
  1. WHAT IS SUICIDE?
  We could say that it is the deliberate ending of one’s own life. The problem of suicide includes
  Serious suicidal thoughts or threats.
  Self destructive acts
  Attempts to harm, but not kill oneself.
  Attempts to commit suicide.
  Completed suicide.
  
  2. WHY SHOULD WE KNOW ABOUT SUICIDE?
  Anyone may be in a position to stop a person who is considering suicide. Most suicides and suicide attempts are reactions to intense feelings of loneliness, worthlessness, helplessness, and depression. People who threaten or attempt suicide are often trying to express these feelings to communicate and ask for help. With the help that is available to people who experience these feelings, many suicide attempts can be prevented.
  3. WHY DO PEOPLE COMMIT SUICIDE?
  Psychological pain is a basic ingredient of suicide. Suicidal death is an escape from pain. We must understand suffering and psychological pain:
  defeated love experiences, acceptance and belonging
  Lack of control related to the needs for achievement, order, and understanding.
  Problems with self-image related to frustrated needs for affiliation.
  Problems with key relationships related to grief and loss inlife.
  Excessive anger, rage, and hostility.
  
  5. WHAT ARE COMMON SYMPTOMS OF HOPELESSNESS AND DEPRESSION
  
  Hopelessness:
  1. Believing all resources to be exhausted.
  2. Feeling that no one cares.
  3. Believing the world would be better off without you.
  4. Total loss of control over self and others.
  5. Believing death to be the only way out of the pain.
  Depression:
  1. Difficulty concentrating or remembering. Decreased attention, concentration, or ability to think clearly such as indecisiveness.
  2. Loss of interest in or enjoyment of usually pleasurable activities.
  3. Loss of energy, or chronic fatigue, slow speech and muscle movement.
  4. Decreased effectiveness or productivity.
  5. Feelings of inadequacy or worthlessness, loss of self-esteem.
  6. Change in sleep habits-- the inability to sleep or the desire to sleep all the time.
  7. Pessimistic attitude about the future--negative thinking about the past.
  8. The inability to respond with apparent pleasure to praise or reward.
  9. Tearfulness or crying.
  10. Change in weight-- poor appetite with weight loss or weight gain.
  11. Recurrent thoughts of death or suicide.
  12. Decreased sex drive.
  13. Anxiety

Chapter 9: Psychological testing tools
Suicide refers to “death from injury, poisoning, or suffocation where there is evidence (either explicit or implicit) that the injury was self-inflicted and that the decedent intended to kill himself/herself.” The term suicide attempt refers to “a potentially self-injurious behavior with a nonfatal outcome, for which there is evidence (either explicit or implicit) that the person intended at some (Nonzero) level to kill himself/herself. A suicide attempt may or may not result in injuries.” Suicidal ideation refers to “any self-reported thoughts of engaging in suicide-related behavior”.

TEST
PURPOSE
Evaluation of Suicide Risk Among adolescents and Imminent Danger Assessment
(ESRAIDA):
for the evaluation of suicidal behaviors and risk” at-risk” are in need of closer evaluation

Beck Scale for Suicidal Ideation (BSI)

a self-report measure based
On the semi-structured interview
Suicidal Ideation Questionnaire (SIQ)

a screening measure for severity or “seriousness” of suicidal ideation
Beck Hopelessness Scale

to measure negative expectations about the future
Measure of Adolescent Potential for Suicide (MAPS) and Suicide Risk Screen (SRS)
two-stage screening procedure for identifying youths with a high probability of suicidal behavior
PATHOS

five-item screening questionnaire- to identify “serious cases”
Reasons for Living Inventory

a self-report measure designed to assess potential reasons for not committing suicide
Suicide Probability Scale (SPS)

a 36-item self-report measure
Zung Index of Potential Suicide (IPS)

“making predictions about suicide potential and selecting the high risk person . . . for early intervention and possible prevention of suicide” IN two parts – one composed of social and demographic variables associated with risk, and one associated with clinical variables.
Risk-Rating Rescue Scale

A section devoted to medical risk and a section devoted to likelihood of Rescue.
Psychological Pain Assessment Scale (PPAS)

Psychological pain or “psychache” – the unmet psychological needs and the negative emotions associated with such needs that are thought to be of central importance in the genesis and understanding of suicidal behavior.
Completed Suicide Event Interview

a very extensive semi-structured interview examining the details of a completed suicide



Chapter 10: POLICE INTERROGATION:
The search for truth: The efficacy and implications of police interrogation
Confessions obtained through beatings and physical torture was routinely employed. These ‘third degree’ methods utilized physical and mental anguish to break suspects into confessing. Inbau and Reid are largely credited with the decline of third-degree tactics in American policing through their influential texts in lie detection and psychological interrogations.
Many assumed that the elimination of the ‘third-degree’ would eliminate the occurrence of false confessions and wrongful convictions; however, this is not the case. Many tactics that should be considered coercive are not viewed as such by the legal system today. DNA evidence has exonerated many of the falsely accused, where almost two-thirds of cases were based on false confessions (www.innocenceproject.org). Because physical force is no longer acceptable to elicit confessions, this amount of variance may be explained by the coercive psychological tactics employed in law enforcement.
Reid interrogation method. The Reid method is a process in which the police interrogator uses isolation, confrontation, and minimization to elicit a confession.
This interrogation process can be divided into four components: the pre-interrogation interview, the Miranda waiver, the interrogation, and the confession.
Pre-interrogation Interview
The pre-interrogation interview is a vital stage in the interrogation process. The purpose of this interview is to obtain various pieces of information from the interviewee, namely behavioral cues to deception. These cues are then interpreted and used to ascertain the interviewee’s guilt. The impression an individual makes during the preinterrogation interview determines whether he or she will be sent home or labeled a suspect. Those labeled as suspects will be subjected to a guilt-presumptive interrogation.
Detecting Deception
Accuracy. The detection of deception is particularly critical in this stage of the interrogation process. Individuals’ performance relating to the detection of deception is 46% to 65%.
Criminals often have more insight into actual cues to deception than law enforcement personnel or laypersons. Prison inmates detect deception with an accuracy rate of 88.5%, which is significantly above the chance level. Criminals are often exposed to higher levels of deception in their environments, making them better able to know which strategies will work for disguising deception. Increased experience in interviewing was related to an increase in the accuracy of detecting deception. Age and length of service in law enforcement are not correlated with truth or deception accuracy.
The Reid method looks for certain behavioral cues as indicators of deception.
“Pulsation of the carotid artery in the neck.”
any excessive movement in the “Adam’s apple,”
the appearance of a dry mouth, and
Any excessive body movement or fidgeting.
swear they are telling the truth
Use vague phrases such as “not that I remember”.
An increase in body movements is seen as a sign of lying.
Guilty suspects make sudden shifts or movements in response to the questions being asked.
Innocent individuals more cooperative and relaxed as the interview continues
Deceptive individuals tend to become more nervous
gaze aversion
verbal content: Stutters, incomplete sentences, sentence changes, and repetitions, pauses or hesitations
Less consistent over time. Watching video testimony leads to greater ratings of consistency
deceptive individuals will decrease finger and hand movements, as well as foot and leg movements
interactional synchrony between interviewer and interviewee


Role of Biases and Heuristics
· Overconfidence bias. Interrogators often display an excessive amount of confidence regarding their ability to detect deception.
· Truth and self-assessment biases. The self-assessment bias describes the tendency of individuals to view them in a positive light and take credit for good outcomes. Police officers to judge themselves as better lie detectors than they really are.
· Investigator response and lie detection biases. Police officers will ignore any evidence to the contrary. - Investigator response bias,
· The lie-detection bias- a tendency for police officers to overestimate their ability to detect deception.
· Anchoring heuristic. Police investigators could ‘anchor’ their initial beliefs, thereby not moving much from their original opinion; the final decision is biased in the direction of the original decision. If a police officer forms an early impression that an individual is guilty, he or she will only reinforce or maintain that initial prejudgment
· Availability heuristic. Judgments are based on the examples that come to mind. They recall events in which they have succeeded in detecting deception simply because these experiences easily come to mind.

Miranda Warning: The U.S. Supreme Court decision Miranda v. Arizona (1966) requires the police to inform suspects of their rights prior to interrogation. Suspects have the right to counsel and to remain silent. Those who cannot afford an attorney will be provided with court-appointed legal counsel. The police are also required to inform suspects that their statements may be used against them; most jurisdictions also give the suspect the right to stop the interrogation at any time and ask for a lawyer after already having waived his or her Miranda rights.
· The rights provided by Miranda may be waived if a suspect would like to make a statement without the presence of legal counsel, but he or she must do so “voluntarily, knowingly, and intelligently”.
· Miranda is governed by the ‘reasonable person’ standard. A reasonable person has the capacity to waive his or her rights if it is understood that he or she is in custody. Important considerations are whether the individual knew that he or she was considered a suspect or whether he or she understood the nature of the charges. Not all individuals possess the capacity to waive their own rights, and certain populations remain vulnerable to police tactics designed to circumvent the Miranda safeguard.
Capacity to Waive Rights
Juveniles. Prior to the Supreme Court decision juveniles did not possess as many rights under the law as adults. Only 10% of juveniles invoke their Miranda rights. Even if juveniles were able to understand the words in the warning, they may not understand the meaning behind the words. they may understand what it means to consult an attorney but may not have an adequate understanding of the attorney-client relationship .juveniles comprehending the warning less well than adults .young adults (i.e., those seventeen to twenty-two years of age) did not comprehend Miranda significantly .After age twenty-three, Miranda comprehension significantly increased . Miranda comprehension is negatively related to the likelihood of giving a false confession: the less a juvenile comprehends the warning, the more likely he or she is to falsely confess.
Mental disorders.

Scientists maintain that most persons with mental retardation or other deficiencies are unable to understand and comprehend their rights under the law. Cognitive and language impairments prevent them from having a full awareness of their rights in regards to the Miranda warning. It is reported the Miranda warning is written at the seventh grade reading level. Individuals with mental retardation are also highly suggestive to leading questions and coercion.
Obtaining Waivers: The police use a variety of methods to overcome Miranda.
Why Individuals Waive their Rights
Lack of understanding. :
First, the person must adequately understand the adversarial nature of the justice system and the role of the police in that system as interrogators. A person may be more likely to protect his or her rights when taking this viewpoint.
Second, the person must adequately understand the role of the attorney and the client’s relationship with that attorney. The client must understand how the attorney’s skills can aid him or her in the legal process.
Finally, a person must view his or her right to remain silent as an entitlement that cannot be taken away by authority figures, such as the police.
As discussed, certain individuals are more susceptible to waive their rights because of a lack of understanding in these three areas.
Just world hypothesis. Innocent individuals are more likely to waive their rights than those who are guilty. In a study, 81% of innocent individuals waived their rights, compared to only 36% of guilty individuals. The majority waived their rights because they were innocent and believed they had nothing to fear. This is known as the just world hypothesis.
Illusion of transparency. The illusion of transparency refers to a tendency to overestimate the amount of insight others have regarding one’s inner thoughts and. individuals who are guilty or deceptive may waive their Miranda rights because they assume the police will detect their lies otherwise. Individuals may believe the consequences will be less severe if they forfeit their rights and submit to an interrogation. Individuals are anchored to their internal thoughts and feelings and are unable to take the interrogator’s point of view without incorporating their own internal states.

Interrogation
Once an individual being interviewed has been labeled a suspect (e.g., by exhibiting believed cues to deception), he or she is subjected to an inherently guilt-presumptive interrogation. Individuals who make it to this point have already been judged as guilty in the eyes of the interrogator. The interrogation is merely a means to elicit a confession. Current training methods designed to elicit confessions encourage psychological coerciveness on the part of law enforcement. In addition to strong a priori beliefs regarding guilt, interrogators view denials as proof of an individual’s guilt.
Reid Method of Interrogation
Isolation. The Reid interrogation method is a process of social influence that utilizes tactics including isolation, confrontation, and minimization to elicit a confession. Isolation is obtained by carrying out the interrogation in a specially designated room that psychologically prevents the suspect from escaping the situation. The interrogation room should be bare and sparsely furnished, preferably with no windows. Any windows, clocks, or wall coverings that must be present in the room should be to the back of the suspect. A private room is more conducive to obtaining confessions. The suspect is more likely to confess to the investigator acting as a private confidant than to a room full of investigators. Although interrogators should physically and emotionally isolate the suspect, physical barriers are removed to eliminate a sense of imprisonment. There should also not be any distractions during the interrogation. Items such as pens and paper clips should be kept out of reach of the individual. The authors even have suggestions as to the physical arrangement of the chairs in the interrogation room to maximize the likelihood of a confession.
Confrontation. The suspect is then confronted with evidence, whether factual or not, and is blocked from any attempts at denial. The interrogator actively asserts the suspect’s guilt. Denials are ignored or downplayed. Interrupting the suspect while he or she is making a denial is a good way to discourage future denials. The interrogator is also encouraged to defeat the suspect’s moral, religious, factual, or emotional objections. The interrogator also attempts to prevent the suspect from withdrawing from the situation.
Minimization. Minimization is used by the establishment of rapport and the minimization of consequences. Investigators are urged to downplay the consequences of the crime to which the suspect is accused. If confronted with consequences, the suspect will be unlikely to confess, especially if he or she is contemplating spending significant time in prison. Props that would remind the suspect of the potential consequences of the crime, such as handcuffs or police badges, should be concealed. These items will focus the suspect’s attention on unwanted consequences. Interrogators are advised to offer plausible explanations for why the person committed the crime saying things such as, “If I were in your situation, I might have done the same thing” and should minimize the seriousness of the crime itself. Blame should be focused away from the suspect. Investigators can also suggest that the victim exaggerated his or her story to the police. Guilty suspects will maker weaker and apologetic denials. Interrogators are urged to display sympathy and understanding for the suspect. The accused person wants to confess; he or she needs sympathy and understanding in order to do so. The suspect should be induced to recall details of the crime and his or her involvement and should eventually make a full, documented confession.

Confession
Truthful individuals are labeled as deceptive because incorrect cues to deception. These individuals are also more likely to waive their Miranda rights and be subjected to a guilt-presumptive interrogation.
Why Individuals Confess
Psychoanalytic perspective. Many theorists have provided models of why individuals confess, whether they are guilty or innocent. Individuals are motivated by unconscious urges to confess to their transgressions, which can be either real or imaginary. Confession is the result of the superego taking control to relieve guilt and anxiety caused by the transgression. In the case of false confessions, the confession is not really untrue. The confessor identifies with the person who actually committed the crime and may have an unconscious desire to commit the crime. This individual views him- or herself as no better than this individual views the person who actually committed the crime. The guilt and anxiety that arises from this unconscious conflict drives the individual to confess.
Decision-making models. Modern theories of confession include models of decision-making suggest that suspects will engage in a lengthy decision-making process that requires weighing the pros and cons of various actions, such as whether or not to speak to an attorney. The antecedents and consequences involving social, emotional, cognitive, and physiological factors are taken into account by the individual in considering the value of each outcome and the short-term and long-term consequences. This subjective process may not be based on real probabilities. Guilty individuals were more likely to confess than innocent individuals were. However, participants overall were more likely to confess when minimization was used in combination with offering a deal.
Illusion of transparency. The illusion of transparency may also explain why some individuals choose to confess. Recall that the illusion of transparency refers to the extent that individuals believe their own internal states are observable by others. Guilty individuals may confess because they believe the police will see through their deception. Individuals believe they behave in more stereotypical ways than they actually do Feedback can affect the extent to which an individual displays the illusion of transparency. Positive feedback results in an increased perception in one’s ability to tell lies, whereas negative or challenging feedback results in an even larger decrease in perceived ability to tell lies. Methods that challenge or disconfirm a suspect’s statements will decrease that suspect’s confidence in his or her ability to deceive. He or she may give up and confess to the police. However, not all confessions given to the police are true and accurate.

False Confessions
Types of False Confessions. Scientists provide an overview of the different types of false confessions. A voluntary confession occurs when an individual experiences little or no pressure from the police to confess. This type of confession may be given by an individual that possesses a pathological desire for notoriety. Engage in this form of self-punishment to relieve guilt over real or imagined transgressions. This type of individual may also be unable to distinguish what is real from his or her own thoughts.
Coerced-compliant confessions are the direct result of the interrogation process. In this type of confession, the individual gives in to the demands of the interrogator. This confession is not considered voluntary because the individual is merely seeking to escape the situation to reduce anxiety and distress. An individual may also give this type of confession because of implied or explicit promises of leniency.
Coerced-internalized false confessions occur when the individual comes to believe that he or she actually committed the crime. Some of these individuals have no memory and come to believe the accounts of the police. Other individuals remember they did not commit the crime but believe they are the culprits due to subtly coercive suggestions of the interrogators.
Risk factors. Individuals with mental retardation are more likely to submit false confessions because of their desire for social approval and lack of understanding regarding their Miranda rights. Suspects under the age of 25 were significantly more likely to offer false confessions than older suspects. Those who did confess were more likely to plead guilty when the case was brought to trial and were more likely to be convicted. The presence of an attorney reduces the likelihood of a confession by four times. Individuals with prior experience in the legal system are twice as likely not to confess. Consumption of an illegal drug no more than twenty-four hours prior to interrogation raises the likelihood of offering a confession by three times, suggesting that the individual’s judgment may have been significantly impaired .
False confessions in court. The use of maximization (i.e., direct threats) is related to the likelihood that confessions will be deemed inadmissible in court. A confession was deemed involuntary in any situation in which an interrogator’s statements prompted the confession.

Conclusions and Future Directions
Interrogators should disregard cues that have little value in identifying deception. Detecting deception by indirect measures may also prove useful. Recall that increased latency period was related to deception, perhaps because individuals must think harder to come up with plausible explanations or story lines. Interrogators become better at detecting deception when asked to judge whether a suspect was “thinking hard” than when asked to judge whether a suspect is lying.
Interrogators mist is given frequent feedback regarding their performance whenever possible. Other researchers have shown that criminals are often better at detecting deception than laypersons and law enforcement personnel, perhaps because they receive feedback more often regarding their performance in deceiving. This results in criminals having less stereotypical beliefs about deception .However, this might be difficult with police personnel considering the ambiguous nature of detecting deception and because the end result of a conviction might be significantly delayed from the beginning of the case. Due to these inherent limitations, Elaad suggests providing examples on a regular basis about cases in which interrogators made mistakes in detecting deception. This might counteract the operation of the availability heuristic and make interrogators more cautious in their dealings with criminal suspects. This would also make investigators less likely to be ‘anchored’ to their prejudgments and more tolerant and open to contradictory evidence. The investigator might also be protected against the self-assessment bias in that examples of failing to detect deception or inaccurately detecting deception will not be so detrimental to an interrogator’s sense of self.
It is also recommended that the concept of interactional synchrony be explained to police officers. Awareness of its effects might lead police officers to be more aware of their own movements during interviews and interrogations.
Individual differences play a large role in which cues indicate deception, Even though a majority of individuals may display certain cues, other individuals may not. Large percentages of innocent individuals display the same cues as deceptive individuals. ‘Chatting’ with individuals before the interview to obtain a baseline measure of their behavior and reactions. This would allow investigators to subjectively compare the baseline to the interview to determine if an individual is attempting to deceive... Individual differences also play a role in the ability to detect deception. .
Use of video-recording equipment in the interrogation room... Recording interrogations on video may discourage police officers from using coercive psychological tactics to obtain confessions. This practice will also discourage suspects from making claims of coercion when no coercion actually occurred. This will also ensure that individuals in police custody are accurately read their Miranda rights. However, video-recordings of interrogations and confessions in the United States tend to focus solely on the suspect. Confessions viewed in this manner are more likely to be deemed voluntary. The camera should be positioned so that both the suspect and the interrogator are in view.
Many of the tactics used by law enforcement personnel in the interrogation process lack scientific backing... In addition, using these tactics to obtain Miranda waivers and elicit confessions puts innocent individuals at risk for giving false confessions. Suggesting that law enforcement personnel need to reevaluate their methods and training. Certainly, the use of interrogation methods will continue to be detrimental to the legal system.

CHAPTER 11: scientific methods of interrogation
Polygraph Testing
INTRODUCTION: Polygraph examinations - to assess truthfulness and deception
POLYGRAPH INSTRUMENT: measures three, physiological indicators of arousal obtains a subject’s responses to a carefully structured set of questions, and based on the pattern of arousal responses, infers the subject’s veracity. This assessment has been called the “diagnosis" of truthfulness or deception.
Pneumographs.
Sphygmomanometer
galvanic skin response (GSR)
TYPES OF TESTING PROCEDURES: three components: pretest interview; question procedure; and post-test interview. The actual questioning repeated three or four times, lasts no longer than a few minutes for each question set e blood pressure cuff can be inflated for only 10 to 12 minutes
The Pretest Interview: indispensable provide subjects with information about the examination and to inform them of their legal rights, to generate the psychological climate necessary to persuade a subject. Professionally conducted deception attempted “will be very obvious to the examiner" (20). , place truthful subjects at ease and increase anxiety in subjects who intend to be deceptive. Sharpen differences between deceptive and nondeceptive subjects .The pretest also allows the examiner to assess the effect of special conditions or circumstances, which might affect physiological responsiveness.
Consent Procedures: Pretest interviews may take from 20 to 90 minutes = obtaining the subject’s consent criminal investigation requires that the examiner advise the examinee of his or her Miranda rights the subject is also told that the polygraph examination is voluntary. Be informed observed from outside the room or recorded. Disclosures in a written form signed by subject.
The interview focuses on questions about the subject’s background: employment, family, education, health, and any previous legal problems. The examiner aims to learn enough to assess the subject’s readiness for the examination and to prepare anxiety-provoking control questions, if they are to be used. The polygraph examiner then explains the polygraph technique to the subject and queries the subject in detail about the incident being investigated.
Pretest interview: a structured series of questions and deemphasizes gathering biographical data (Questions deal with matters such as the subject’s suspicions about who committed the crime and the subject’s feelings about the test. provoke “behavioral symptoms" ( indicators of deception. evasiveness in answering, or complaints that one’s physical disabilities will invalidate the recordings. If control questions are to be used in the last part of the interview on biographical and behavioral information which permits the examiner to tailor control questions to the individual subject.
Testing Procedure: After the end of the pretest interview, the sphygmomanometer is inflated, and the recording of responses begins. A short period, of about 10 to 15 seconds, is used to observe initial respiratory cycles (baseline) and to allow any initial response to fade; then, the examiner asks the first question. Between each question, the examiner waits about 15 to 20 seconds until the response to the last question is finished and physiological response is closer to baseline. The examiner notes on the chart when the exam begins, when questions are asked, and when it ends. Extraneous behavior that affects the recordings may also be noted. When questions for the first chart end, the examiner deflates the cuff.
The examiner then inspects the chart and asks the subject about his or her reaction to the questions. The examiner may use other stimulation tests between charts, and different questioning techniques to record different charts. Different questioning techniques may then be used based on information revealed by the subject. In most techniques, any new questions would be discussed with the subject before being asked.
Stimulation Tests: “stimulation “or “stim" test, designed to further convince subjects of the accuracy of the polygraph examination. Stimulation tests either can be given before the first actual set of test questions or after the first chart has been recorded. Are intended to reassure truthful subjects and provoke anxiety in deceptive subjects, to increase differential responsivity of deceptive and nondeceptive subjects to different questions on the examination, stimulation tests increase the validity of polygraph
The most common “stim" test is a “number" or “card" test. A subject is instructed to select, from a deck, a card that has a number, word, or suit on the back, or to write a number within a certain range ( The examiner then may repeat a range of suits, numbers or a set of words, asking the subject if each is the concealed item. The suit, number, or word that is actually the concealed item is supposed to provoke the greatest physiological response. Often, the examiner will show the subject the polygram (i.e., the actual chart recordings) to further convince subjects of the instrument’s efficacy.
Types of Questions: The central element test of subjects’ responses to a set of questions or items within questions. How these questions are structured represents the principal difference among polygraph techniques. Different combinations of questions (generally referred to as question techniques), and different applications for the various techniques. Only one type of question technique in one application (CQT in criminal investigations) has been extensively researched.
Questions
The kinds of questions relevant questions, control questions, irrelevant questions, and concealed information or guilty knowledge questions. Suspects’ responses to relevant questions are of greatest interest to polygraph examiners.
Control and irrelevant questions comparison to relevant questions.
Relevant Questions: Functionally, relevant questions are questions directly related to the focus of an investigation. ; The relevant questions that do not evoke responses are used, after the fact, as a type of control question. Relevant questions are questions about the topic under investigation, but topics can be very specific or cover a long period of time and a variety of acts
Comparison Questions: Control and irrelevant questions are used for purposes of comparison. As noted above, there is no known physiological response unique to lying. There are a number of reasons, other than fear of detection physiologically aroused during the presentation of relevant questions necessary to run several polygraph charts using the same questions (though, perhaps in different order) to be sure that reactions are consistent. If several charts are not run, a subject’s responses could be attributed to surprise, physical movement, or some reasons for concern other than a lying-related cause could theoretically just repeat the initial situation leading to the physiological response if the cause were not a random one.
Control Questions: truthful subjects more concerned about control than relevant questions. Vary in breadth and type. One type of control question concerns what is hypothesized to be the same kind of issue that is under investigation at the time of examination. Innocent of the crime under investigation are presumed to be more concerned “kind of person" who might have committed the crime guilty subjects will also be concerned about control questions, they will be more concerned about and thus exhibit more physiological reactions to relevant questions.
One distinction among control questions is whether a question is inclusive or exclusive. Inclusive control questions are questions, which include the specific incident under investigation. Exclusive control questions, on the other hand, cover a period not including the incident under investigation. Inconclusive control questions may, from the suspect’s perspective, include the act under investigation, i.e., they cannot be used for purposes of comparison. Nonrelevant questions, are also control questions. Anything for which you are now ashamed?” susceptibility to blackmail
Irrelevant Questions: such questions can be used as an indicator of a particular subject’s normal baseline level of arousal; no universal standard of physiological arousal can be applied because individuals differ markedly. Irrelevant questions interspersed among relevant questions are hypothesized to provide a type of rest period for the subject.
Concealed Information Questions: Questions about concealed information are the fourth type of question used in polygraph testing. Concealed information items aim to detect information about a crime that only a guilty subject would have. Details about the site of the crime or the means of committing guilty subject’s response to the correct (relevant) detail those innocent subjects will respond the same to all
Polygraph Question Techniques: The relevant/irrelevant (R/I) technique, the control question technique (CQT), and concealed information techniques. The R/I technique is used in the great majority of preemploy ment screening interviews, while CQT is normally used in criminal investigations. Examiners may combine different techniques in an
Relevant/Irrelevant (R/I) Techniques: Relevant questions:
Did you tell the complete truth on your job application?Have you deliberately withheld information from your job application?Have you ever been fired from a job?Are you seeking a permanent position with this company?Since the age of ( ) have you committed an undetected crime?Since the age of ( ) have you been convicted of a crime?During the past year, have you used marihuana (sic) more than ( ) per ( )?Have you used any other narcotic illegally in the past ( ) years?Have you sold marihuana (sic) or other narcotics illegally in the past ( ) years?Have you ever stolen more than ($) worth of merchandise in any one year from any of your employers?Have you even stolen more than ($) in moneys in any one year from any of your employers?Have you ever used a system to cheat one of your employers?Have you ever had your driver’s license suspended or revoked?Have you ever had any traffic citations in the past five (5) years?Are you seeking a job with this company for any reason other than legitimate employment?Have you deliberately lied to any of these questions?
The method used by John E. Reid & Associates employs four standard relevant questions:
In the last five years, did you steal any merchandise from previous employers?In the last five years, did you steal any money from previous employers?In the last ten years, did you take part in or commit any serious crime?Did you falsify any information on your application?
Periodic or aperiodic checking for internal security
Are you relatively satisfied with this job now?Do you, as far as you know at this time, intend to stay with this employer?Have you ever intentionally under priced or underweighted merchandise?Is there a particular person at your store that is responsible for damaging merchandise due to real carelessness, not caring or intentionally?
Control Question Technique (CQT) for criminal investigation:
Relevant questions about the crime deceptive subject are assumed to produce a greater autonomic response to the relevant than to other questions. However, CQT also adds control questions, designed to provoke a greater response in subjects who are innocent and truthful. Control questions are designed to cover a long period of time, which may make the subject even more doubtful about the veracity of answers provided.
Considerable attention to development of control questions the process of developing control questions, reviewing them with the subject, and then refining them is designed to develop the most appropriate questions, and to convince subjects to view control questions as seriously as relevant questions. In addition, the pretest review is designed to get subjects either to be deceptive to control questions or at least to be concerned about the accuracy of their recollections it is considered crucial to produce in the subject the right psychological set in relation to the control questions. This set is then thought to lead subjects to be more concerned about control questions than relevant questions, and so to respond more to them physiologically. This difference between response to control and relevant questions is then the basis for the diagnosis of deceptive or nondeceptive. , differential responding to relevant or control questions (and ultimately, the validity of CQT), depends on the nature of the interaction between examiner and subject. , CQT examinations require examiners to make important judgments about and interventions in their interaction with subjects.
Examiner wants the subject to experience considerable doubt about his or her truthfulness or even to be intentionally deceptive. “Control questions are intentionally vague and extremely difficult to answer truthfully with an unqualified ‘No’." Polygraph is a useful screening tool. Does not establish the scientific validity of the polygraph. It is especially susceptible to: 1) countermeasures by persons trained to use physical movement, drugs, or other techniques to avoid detection as deceptive; and 2) false positive errors where innocent persons are incorrectly identified as deceptive.
Criminal Investigations: Evidence of polygraph validity only in the area of investigations of specific criminal incidents. No consistently used and accepted methodology for polygraph research. When used in criminal investigations, the polygraph test detects deception better than chance, but with error rates that could be considered significant. However, for so-called “dragnet" screening where a large number of people would be given polygraph tests in the investigation of unauthorized disclosures, relevant research evidence does not establish polygraph testing validity. There has been no direct scientific research on this application.
False Negatives/Countermeasures: Theoretically, polygraph testing is open to a large number of countermeasures, including physical movement or pressure, drugs, hypnosis, biofeedback, and prior experience in passing an exam.
False Positives: OTA concluded that the mathematical chance of incorrect identification of innocent persons as deceptive (false positives) is highest when the polygraph is used for screening purposes. Polygraph is 99 percent accurate; the laws of probability indicate that one guilty person would be correctly identified, as deceptive but 10 persons would be incorrectly identified (false positives). .
Voluntary v. Involuntary: for the polygraph test to be accurate, the voluntary cooperation of the individual is important. Imposing penalties a de facto involuntary condition that increases the chances of invalid or results.

Truth and deception: human communication consists of 65% body language, 12% voice quality, and 7% verbal
Content and 16% of additional factors (i.e., chemical, and odor). People appear to be significantly more practiced and successful at controlling verbal behavior than non-verbal behavior. Therefore, it would seem most appropriate to explore the nature of non-verbal deception cues and their applicability to lie-detection.

Micro expression: unpleasant voice shifts, brief head shaking and negative facial expressions. 90% of deceivers presented negative micro expressions during questioning, while only 30% of truth-tellers displayed any such behavior

Eye Behavior: eye contact variations occur concurrently with the stress related arousal present during deception. Introverted liars show a dramatic decrease in eye contact, while extroverted deceivers show an increase in eye contact. Pupillary size variations have also been shown to be a relatively stable deception cue with increased mean pupillary size of deceptive subjects

Postural and Body Movements.: an honest individual typically displays a comfortable, open, and forward leaning posture. The deceptive individual is characterized by a more rigid, generally frozen, and defensive posture
Research has consistently shown that a combination of autonomic arousal and cognitive processing failures can create a number of identifiable non-verbal cues of deception. Factors such as, non-linguistic voice characteristics, micro expressions, and body-movement are all predictive of a deceptive individual

Behavioral Assessment Interview. J.E. Reid and Associates . 30-45 minute long empirically derived structured interview designed to elicit verbal and non-verbal behaviors and attitudinal characteristics of the suspect in a non-accusatory manner. Initially, questions concern only the suspect's background. This is done to establish a relationship with the suspect and to determine normative (baseline) information for the behavioral cues of interest. The second phase consists of investigative questions used to assess the individual’s opportunity, motivation, and involvement with the issue at hand. Finally, the investigator uses behavior-provoking questions to elicit differential verbal and non-verbal behaviors. Validation studies show 91% accuracy in assessing honest responses, and 80% accuracy in predicting deception.
How do they lie successfully?
Self-Monitoring.
Rehearsal.
Expressiveness.
Motivation.
Training.

Brain finger printing:
A critical task of the criminal justice system is to determine who has committed a crime. The key difference between a guilty party and an innocent suspect is that the perpetrator of the crime has a record of the crime stored in their brain, and the innocent suspect does not. Brain Fingerprinting scientifically detects this difference. It does not prove guilt or innocence. It applies in 60 to 70% of major crimes. It improve the speed and accuracy of the entire system, from investigations to parole hearings, reduce the costs associated with investigating innocent people and concentrates on suspects who have verifiable, detailed knowledge of the crimes. It has been admitted as scientific evidence in court.
It is 100% correct... It can place a person at the crime scene or exonerate someone who was not there. A suspect is tested for details of the crime that only the perpetrator and investigators would know. The best scenario is one where the crime is recent and the suspect has not been exposed to it and not already been tried and convicted, details not been presented in court. Innocent suspect would not know need to be identified. It is not applicable in disappearance, when everyone agrees on what happened; and sexual assault case. It is useful in pre- and post conviction areas to identify the guilty and exonerate the innocent.
Brain fingerprinting testing finds the truth in long-term cases eg: Terry Harrington, IOWA Supreme Court reversed his murder conviction and J. B. Grinder brought to justice as “information present”, with statistical confidence level of 99.9%.
Brain Fingerprinting testing admitted as evidence : Bombay high court ruled that testing for brain fingerprints does not violate protection given under article 20[3] of the constitution for testimonial compulsion on the ground that a brain Fp is not a statement nor a testimony hence does not attract the article provision.
Premise: Brain Fingerprinting testing detects information stored in the human brain. A specific, electrical brain wave response, known as a P300, is emitted by the brain within a fraction of a second when an individual recognizes and processes an incoming stimulus that is significant or noteworthy. When an irrelevant stimulus is seen, it is seen as being insignificant and not noteworthy and a P300 is not emitted. The P300 electrical brain wave response is widely known and accepted in the scientific community. Dr. Farwell discovered that the P300 was one aspect of a larger brain-wave response that he named a MERMER® (memory and encoding related multifaceted electroencephalographic response). The MERMER comprises a P300 response, occurring 300 to 800 ms after the stimulus, and additional patterns occurring more than 800 ms after the stimulus, providing results that are even more accurate.

Procedure: Brain Fingerprinting testing incorporates the following procedure. A sequence of words, pictures or sounds is presented under computer control for a fraction of a second each. Three types of stimuli are presented: "targets”“, irrelevant”, and "probes”. The targets consist of information known to the suspect, which will establish a baseline brain response (MERMER) for information known to be significant to this subject in context. The subject is given a list of the target stimuli and instructed to press a particular button in response to targets and another button in response to all other stimuli. Most of the non-target stimuli are irrelevant, having no relation to the situation being tested. These irrelevant do not elicit a MERMER, and therefore establish a baseline brain response for information that is not significant to this suspect in this context. Some of the non-target stimuli are relevant to the situation being tested. These relevant stimuli are referred to as probes; information relevant to the test. For a subject with specific knowledge of material being tested, the probes are noteworthy due to that knowledge, and therefore the probes elicit a MERMER, indicating "information present" — information stored in the brain. For a subject lacking this knowledge, probes are indistinguishable from the irrelevant, and thus probes do not elicit a MERMER, indicating "information absent" — information not stored in the brain.
Computer Controlled: The entire Brain Fingerprinting system is under computer control, including presentation of the stimuli, recording of electrical brain activity, a mathematical data analysis algorithm that compares the responses to the three types of stimuli and produces a determination of "information present" or "information absent”, and a statistical confidence level for this determination. At no time during the analysis do biases and interpretations by the person giving the test affect the presentation or the results of the stimulus presentation.
Criminal Proceedings consist of four phases: investigation, interview, scientific testing, and adjudication. The third one is in the domain of science. The first phase is undertaken by a skilled investigator, the second by an interviewer who may be an investigator or a scientist, the third by a scientist, and the fourth by a judge and jury.
Phase 1: Investigation: - investigator is to find
1. They are salient features that perpetrator almost certainly encountered in the course of committing the crime (e.g., the murder weapon or the escape route).
2. The suspect has not been exposed to them in some other context, i.e., interrogation or court proceedings. Such findings will be used - as probe stimuli. If no probe stimuli = then no test... which items to use as probe stimuli will always depend on the skill and judgment of the investigator,
Phase 2: Interview of Subject
To determine if the evidence can be linked to the suspect. The interview with the suspect may help to determine which scientific tests to conduct, or how to conduct the tests. Prior to a Brain Fingerprinting test, an interview of the suspect is conducted. The suspect is asked if he would have any legitimate reason for knowing any of the information that is contained in the potential probe stimuli. This information is described without revealing which stimuli are probes and which are irrelevant. Suspect be given a chance to disclose any familiarity he may have with the crime, the targets are also discussed in the interview. Recall that the targets contain information about the crime that the suspect knows whether he committed the crime or not, and are used to establish a baseline brain response for information known to be significant to this subject in the context of the crime. Location of the murder could be used as a target stimulus.
In the interview, the suspect is also given a list of all of the stimuli to be presented in the test, without disclosing which stimuli are probes and which are irrelevant. The suspect is asked to identify any stimuli that are significant to him for reasons that have nothing to do with the crime. If any stimulus is significant to the suspect for reasons having nothing to do with the crime, then that stimulus is eliminated from the test. If the suspect has just told investigators that none of the stimuli are significant = probe stimuli are revealed = to be significant - provides evidence -suspect’s involvement. Immediately before each test, the context of the probe stimuli is established, and the probe stimuli are described without being specifically named. The murder weapon “baseball bat” will be significant for the perpetrator and not for an innocent. In some cases, the interview will reveal that the suspect is already familiar with all of the information that might be used to structure probe stimuli, for some reason unrelated to committing the crime. Interrogators may have mistakenly revealed- no probe stimuli, = not conducted. investigators must first discover information that would be known to a perpetrator but not to an innocent suspect, and ensure that the subject in question has not obtained that information through some means other than participation in the crime. The interview contributes to this process.
Phase 3: Scientific Testing with Brain Fingerprinting
Brain Fingerprinting is a standardized scientific procedure. The input is the probe stimuli, - basis of the investigation and the interview. Output = “information present” or “information absent” for those specific probe stimuli, with a statistical confidence .It is in line with Daubert’s criteria for admission in court.
Phase 4: Adjudication of Guilt or Innocence
The final step in the application of Brain Fingerprinting in legal proceedings is the adjudication of guilt or innocence.
Brain Fingerprinting Testing and Memory Issues: Under normal circumstances, one's memory for significant events (such as committing a major crime) is intact, even long after the event. If the prosecution wants to prove in court that a person committed a significant crime, and yet does not have memory of the significant, salient details of that crime, then the burden of proof is on the prosecution to prove beyond a reasonable doubt that specific events and neurophysiologic malfunctions took place that could produce such an extremely unlikely phenomenon. Showing that the suspect does indeed have a memory of the events that took place at the time of the crime – the alibi events – serves to eliminate the alternative hypothesis that the suspect lacks a record of the crime stored in the brain only due to some kind of memory malfunction. It is, however, relevant evidence

Narco analysis
NARCO-ANALYSIS (TRUTH SERUM) TESTS
In the narco-analysis (truth serum) tests, doctors or other experts mix a few grams of sodium pentothal or sodium amytal in distilled water. Depending on he person's sex, age, health, and physical condition, the mixture isadministered intravenously. A wrong dose can send the subject into a coma or even result in death. The drug depresses the central nervous system, lowers blood pressure, and slows the heart rate, putting the subject into a hypnotictrance. The subject's imagination is neutralized and he is made semi-conscious resulting in him not being able to lie. However, to conduct such tests, prior permission of the court and consent from the subject is needed.
Narcoanalysis was rather unheard in India till recent past. However, it has been in the news in the past few years as a new interrogation technique used by the various investigative agencies in India. It was first used in 2002 in the Godhra carnage probe. It was also in news after the famous Arun Bhatt kidnapping case in Gujarat wherein the accused had appealed to the NHRC and the Supreme Court against undergoing the
narcoanalysis test. It was again in news in the Telgi stamp paper case and was made famous when Abdul Karim Telgi was subjected to the said test in December 2003 at a government hospital in Bangalore.
A few of the bestknown drugs are Seconal, Hyoscine (scopolamine), Sodium Pentothal, sodium Amytal, and Phenobarbital. Most commonly used drug for truth serum test is an anesthetic and sedative drug, Sodium Pentothal which when administered intravenously can make a person garrulous and confessional. Injected in continuous small dosages it has a hypnotizing effect on a person whop responds loquaciously when questioned. The narcoanalysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. Depending on the person’s sex, age, health, and physical condition, this mixture is administered intravenously along with 10% of dextrose over a period of 3 hours with the help of an anesthetist. Wrong dose can send the subject into coma or even result in death. The rate of administration is controlled to drive the accused slowly into a hypnotic trance. The effect of the bimolecular
On the bioactivity of an individual is evident as the drug depresses the central nervous system, lowers blood pressure, and slows the heart rate, putting the subject into a hypnotic trance resulting in a lack of inhibition. The subject is then interrogated by the investigating agencies in the presence of the doctors. The revelations made during this stage are recorded both in video and audio cassettes. The report prepared by the experts is what is used in the process of collecting evidence. This procedure is conducted
In government hospitals after a court order is passed instructing the doctors or hospital authorities to conduct the test. Personal consent of the subject is also required.

Now the basic issues involved in the above mentioned tests is whether they are really authentic and accurate and whether they infringe upon rights of the accused, namely the right against self incrimination. Some people argue that such tests are equivalent to 3rd degree torture methods while others say that it is not so as nobody is compelled to agree to such scientific methods.The first publicized use of the drug in India was in mid-2002 when it was administered to the five Godhra carnage accused. The accused apparently revealed new names of rioters, who were subsequently arrested. To quote Dr. S.L.Vaya, the Deputy Director of the Ahmedabad Forensic Science Laboratory who is acknowledged as a pioneer in the use of truth serum, we find that on being injected with the drug, the subject becomes calm and serene and starts talking easily. Our approach is therapeutic, not interrogative. And the result is a catharsis-like confession. Apart from the Godhra case, Dr Vaya remembers using the needle on Shyamji Khera, a Mumbaiite named in an Official Secrets Act case, in the dispensary of the Sabarmati Central Prison in Ahmedabad. This was one of the very first cases in which we used the drug, she says. It actually helped prove the suspects innocence. This may be an invasive technique, but it isnt just about proving someone guilty. However, after the tests, there were a lot of protests against the use of such tests. The Peoples Union of Civil Liberties issued a statement saying, the use of truth drugs is both medically unreliable and constitutionally untenable. Investigators using leading questions can easily persuade subjects to confess to crimes they never committed. According to the investigators and experts, truth serum tests are never carried out without a court grant and a signed consent of the subject. To quote a forensic expert, Firstly, the permission of the Court is required. Then the subjects are assured that what they say will not be used as evidence against them the test is an investigative tool and not evidence by itself. Apparently, medical practitioners who carry out the tests explain the nature of the tests before administering them. Amnesty International opposes the use of sodium pentothal and other truth serum drugs to interrogate suspects on the ground that this constitutes cruel, inhuman, and degrading treatment and should therefore be prohibited as method of eliciting information. Such use would also constitute physical and psychological pressure outlawed under international standards on interrogations. Principle 21 of the body of principles states as follows-No detained person while being interrogated shall be subjected to violence, threats, or methods of investigation, which impair his capacity or decision or his judgement. The Inter-American Convention to prevent and punish torture expressly defines torture as including the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical and mental capacities even if they do not cause physical pain or mental anguish. The United States Central Intelligence Agency that extensively studied the components of truth serum emphasized in its testimony at a United States Senate hearing in 1977 that there was no guarantee that questioning a drugged subject would produce the truth. It said that in most democracies, the forcible extraction of information from an accused by pharmacological means was recognized to be as violative of his or her rights as extracting information by physical brutality would be. The U.S. Supreme Court ruled against drug-induced confessions as early as 1963. It said that it was difficult to imagine a situation in which a confession would be less the product of a free intellect, less voluntary, than when brought about by a drug having the effect of a truth serum. Emphasizing that coercion or torture could be mental, the Court observed in another case in 1960 that "the blood of the accused is not the only hallmark of an unconstitutional inquisition."An expert opinion was given in the case of US v. Solomon, which again had to consider whether the tests were valid. The Court established that the tests were accepted as an investigative technique. The experts said that adequate safeguarding against unreliability of the tests was possible but they did not always reliably induce truthful statements. This shows that though truth serum tests are acceptable in investigations, yet they are not always right and hence evidence got from them cannot be used on the basis of the tests alone. There should be other validating material to confirm or to dispute the evidence got from such tests.In fact, in1995 and 1999, the United Nations conducted an investigation in France and the Philippines over charges that the truth drug was widely administered there. It said that the use of truth drugs constituted torture and was akin to physical torture aimed at extracting information. According to former Chief Justice and former head of the National Human Rights Commission (NHRC) J S Verma, since there is no court ruling on the subject in India, the NHRC norms on polygraph tests should apply to truth serum tests aswell. To quote him, Our Constitution guarantees protection against testimonial compulsion and therefore, the informed consent of the subject is critical in each and every case. the Bombay high court recently ruled that subjecting six of the accused in the multi crore rupee fake stamp paper scam to certain physical tests involving minimal bodily harm such as narco analysis lie detector and brain mapping did not violate their constitutional right as specifically the protection against self incrimination guaranteed under ar5icle 20[3]. Because the article protection dos not apply at the investigative stage as no TESTIMONY BEFORE THE COURT IS INVOLVED.

TELGI SCAM CONTROVERSY
In India, there has been a controversy regarding the use of these truth the seeking methods on Abdul Karim Telgi, the mastermind of the recent stamp scam. Last December, the Mumbai High Court allowed the Special InvestigatingTeam (SIT) to conduct scientific tests on Telgi and 7 other accused persons. The tests were carried out on Telgi at a forensic lab in Bangalore. The SIT presented the findings of these tests in court on February 10th 2004. According to the investigators, once the drugs took effect on Telgi and the questioning began, he sang like a canary. He named people with whom he had monetary transactions; he explained his modus operandi, revealed places where he operated etc. Excellent! is how Dr B M Mohan, director of the Karnataka State Forensic Laboratory describes the results of the use. He vomited out the truth. The brain-mapping test was performed on him to ascertain whether he made payments to former Deputy Chief Minister Chhagan Bhujbal, allegedly to seek favours, to which he tested positive. The Special Investigation Team (SIT) probing the scam submitted brain fingerprinting and polygraph test reports to the special court at Pune. The report stated that the major findings were indicative of the possession of knowledge as well as the active participation of Karim Telgi in all these activities.Telgi's defence lawyers protested against the Mumbai Court's decision to allow such tests to be conducted on Telgi and the others on the grounds that they were violative of Article 20(3) of the Constitution of India which guaranteed an accused's right against self incrimination. The Mumbai High Court recently ruled in Ramachandra Reddy and Ors. v. State that subjecting six of the accused in the multi-crore rupee fake stamp paper case to certain physical tests involving minimal bodily harm such as narco analysis, lie detector tests, and brain mapping did not violate their constitutional rights, specifically the protection against self-incrimination guaranteed by Article 20(3). It permitted free polygraph testing as well as brain mapping of both accused and witness. The Judges, (B Palshikar and P V Kakade), drew a distinction between statement (made before a police officer) and testimony (made under oath in court). They held that the right against self-incrimination applied only to court proceedings and not to police interrogations. This judgement has invested investigating agencies with unqualified powers to drug a suspect, and does not include any directions regulating the exercise of these powers, even though judicial notice could have been taken of the corruption, high-handedness, and abuse of power rampant among our law-enforcement officers. The Supreme Court in the ''Nandini Satpathy case'' had described this very distinction as fatuous and in dismissing it, had said, this submission, if approved, may sap the juice, and retain the rind of Art. 20 (3) It works where the mischief is in the womb, i.e. the police process. Despite this famous judgement delivered by Justice Krishna Iyer in this case, the Judges have gone against the same by allowing such tests to be conducted by the police. They have ignored the serious ramifications, which can take place. The police have a wide range of powers and can compel the suspects to undergo such tests. Once the suspects are forced to answer the police enquires, it is easy for the police to use such evidence in whatever manner they like. In fact, in the MP Sharma case, the claim that protection of A. 20(3) operates only in the courtroom and not in the policestation had been rejected. To quote from the judgement, to limit Article 20(3) to testimony in Court would be to rob the guarantee of its substantial purpose and to miss the substance for the sound. It was also observed that since the words used in A. 20(3) were to be a witness and not to appear as a witness, its protection extended to compelled evidence obtained outside the courtroom. The same was held again in Oghad's case, which also defined 'compulsion' as including situations where the mind has been so conditioned by some extraneous process to make the rendering of the statement involuntaryand hence extorted.There are a number of sections in the Indian Penal Code which punish actions which are employed in administering truth serum though it is not explicitly stated so. Infliction of bodily harm is an offence, and even if minimal, is punishable by three months imprisonment (Sec 352 IPC). Injury is defined as any harm whatever illegally caused to any person in body, mind, reputation, or property (s.44). Causing hurt to extort incriminating information (s. 330), causing hurt by a substance harmful to the body (324) or administering any stupefying, intoxicating or unwholesome drug (s. 328) are offences punishable by imprisonment from between one to ten years.Therefore, causing even minimal bodily harm through the compelled administration of a narcotic is a serious offence further aggravated when it is committed by police officers to extort incriminating information.Justice Palshikar said that compelling a person to undergo such tests would not violate his rights, as the forcible extraction of information simplicitor did not necessarily mean that the information would be incriminating. According to him, whether the information was incriminating or not could be ascertained only after the information was extracted. He also said that even if the information was incriminatory, it would not be admissible in court. However, the reason why information is forcibly extracted is because it is not given willingly, which shows that it is incriminatory. The provision that such evidence will not be used against a suspect is not of much consolation as the police are ingenuous enough to use the evidence incourt. This ruling opens the door to a systematic violation of human rights through the use of coercive pseudo-scientific practices in the name of forensic methodology. It appears to place no restraint on the reprehensible enthusiasm of some investigative agencies for these methods. The judicial sanction for these methods of lie-detection and truth extractionrests on the argument that the protection of Article 20(3) does not apply at the investigative stage. The High Court ruling does not reflect the fact that these methods are deeply controversial worldwide on scientific, legal, and ethical grounds. As can be seen, throughout this chapter, I have discussed the positive and negative aspects of the various scientific tests. The biggest drawbacks of these tests are their accuracy, reliability, and them becoming instruments of human right violations. I am not saying that they should not be used at all but that there should be great control, restrictions and regulations imposed or the carrying out of such tests. If checks are not imposed, then they can easily be misused particularly by the police who we know are famous (or rather infamous!) for using third degree methods to extract information formsuspects. In India, the NHRC guidelines are quite comprehensive but they do not include brain fingerprinting and truth serum tests. Also, any violations of the guidelines cannot be enforced. Perhaps a legislation to regulate the use of scientific methods of evidence should be framed so that failure of the authorities to comply with them can be brought to light more easily and can be punished. The voluntary nature of undergoing such tests is the most important factor to be taken into consideration. The courts should be extremely careful before accepting such evidence and should not do so unless it is absolutely convinced that the tests are right.

Chapter 11; Law, psychology and expert
each case has to be discussed under the following heads:

1. Facts
• What are the facts of the case?
2. Legal Issues
• What are the legal issues raised by the case?
3. Science
• What are the social science issues and the relevant science?
4. Decision
• What did the court decide?
5. Holding
• How was the law changed or amplified by the court’s decision?
6. Majority argument
• What were the key points in the majority’s argument?
• How did it follow precedent?
• How did it follow the science?
7. Dissent argument (if any)
• What were the key points in the dissent’s argument?
• How did it follow precedent?
• How did it follow the science?
8. Analysis
• Discuss why the court decided as it did (e.g., what would have happened had the case been decided differently?)
• In light of all you know about this issue, discuss why you think that the court’s decision was or was not appropriate.

In other words--
(a) Outline the concept or problem under investigation,
(b) Summarize psychological research relevant to the issue, and
(c) Summarize legal principles on the topic. Note that you must critically evaluate the research you identify (see the Monahan & Walker reading on internal and external validity, etc.). If your topic involves a controversy (most do), it is helpful to have the team members present opposing arguments in debate form.

CONCLUSION: crime is objective, but each crime exists only as we perceive it, and upon the perception of the judge i. e.: upon witnesses, accused, and experts. Such perceptions must be psychologically validated. We must know how all of us,--we ourselves, witnesses, experts, and accused, observe and perceive; we must know how they think,--and how they demonstrate; we must take into account how variously mankind infer and perceive, what mistakes and illusions may ensue; how people recall and bear in mind; how everything varies with age, sex, nature, and cultivation. Our method will be that fundamental to all psychological investigation, & may be divided into three parts: [1] The preparation of a review of psychological phenomena.2. Study of causal relationships.3. Establishment of the principles of psychic activity. We have merely to consider the individual phenomena, as they may concern the criminalist; to examine them and to establish whatever value the material may have for him. The truth which we criminalists have to attain cannot be constructed out of the _formal_ correctness of the content presented us. We have to render it _materially_ correct. Jurisprudence in reality is nothing but the thesis of the healthy human understanding in matters of law.'' But what the ``healthy human mind'' requires we can no longer discover from our statutory paragraphs only When, however, the report of some bare fact is in question (``It rained,'' ``It was 9 o'clock,'' ``His beard was brown,'' or ``It was 8 o'clock,'') it does not matter to the narrator, and if he imparts _*such_ facts with the introduction, ``I believe,'' then he was really uncertain. The matter becomes important only where the issue involves partly concealed observations, conclusions, and judgments. In such cases another factor Enters--conceit; what the witness asserts he is certain of Just because he asserts it, and all the ``I believes,'' ``Perhapses,'' Moreover ``It seemeds,'' are merely insurance against all accidents. Generally, statements are made without such reservations a series of assertions are made with utter certainty. Yet when these are successively subjected to closer examinations, tested for their ground and source, only a very small portion can be retained unaltered Somebody narrates an event; questioning begins as to the indubitability of the fact, as to the exclusion of possible deception; the Narrator becomes uncertain, he recalls that, because of a lively imagination, he has already believed himself to have seen things otherwise than they actually were, and finally he admits that the matter might probably have been different The circumstance of being in court of itself excites most people; the consciousness that one's statement is, or may be, of great significance increases the excitement; and the authoritative character of the official subdues very many people to conform their opinions to his. What wonder then, that however much a man may be convinced of the correctness of his evidence, he may yet fail in the face of the doubting judge to know anything certainly? Most difficult tasks of the criminalist are to hit upon the truth; neither to accept the testimony blindly and uncritically; nor to render the witness, who otherwise is telling the truth, vacillating and doubtful. We have to lead the witness, from incorrect observation and false conclusion to truth. We must provide the *pro_ and _*con” of evidence. The Method of Natural Science. Every sentence, every investigation, every official act must satisfy the same demand as that made of the entire juristic science. Wherever people delayed in establishing the right thing and then suddenly tried for it, they went in their haste too far but inadequate observations, and unjustified and strained inferences. It is for us to gather facts and to study them. From facts to ideas then finally, when we find nothing more in the least doubtful, we may theorize about them, and draw inferences, modestly and with caution.



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