“Reid technique”的意思、由来-开放百科全书

The Reid technique is a method of questioning suspects developed by consultant and polygraph expert John Reid. Supporters argue that the Reid technique is useful in extracting information from otherwise unwilling suspects, while critics have charged the technique can elicit false confessions from innocent people, especially children.^[1]

"The Reid technique" is a registered trademark of John E. Reid and Associates,^[2] and is widely used by law-enforcement agencies in North America.^[3]

A 1955 confession which established Reid's reputation and popularized his technique was later determined to be false after another man confessed; the man originally convicted using the confession obtained by Reid was paid $500,000 by the state of Nebraska in compensation for his wrongful conviction.^[4]

Process

The Reid technique consists of a three-phase process beginning with Fact Analysis, followed by the Behavior Analysis Interview (a non-accusatory interview designed to develop investigative and behavioral information), followed when appropriate by the Reid Nine Steps of Interrogation. Individuals should only be interrogated when the information developed from the interview and investigation indicate that the subject is involved in the commission of the crime.

In the Reid technique, interrogation is an accusatory process in which the investigator tells the suspect that the results of the investigation clearly indicate that they did commit the crime in question. The interrogation is in the form of a monologue presented by the investigator rather than a question and answer format. The demeanor of the investigator during the course of an interrogation is ideally understanding, patient, and non-demeaning. The Reid technique user's goal is to make the suspect gradually more comfortable with telling the truth. This is accomplished by the investigators' first imagining and then offering the suspect various psychological constructs as justification for their behavior.

For example, an admission of guilt might be prompted by the question, "Did you plan this out or did it just happen on the spur of the moment?" This is called an alternative question which is based on an implicit assumption of guilt. The subject, of course, always has a third choice which is to deny any involvement at all. Critics regard this strategy as hazardous, arguing that it is subject to confirmation bias (likely to reinforce inaccurate beliefs or assumptions) and may lead to prematurely narrowing an investigation.

Nine steps of interrogation

Risk of false confession

Critics claim the technique too easily produces false confessions, ^[6] especially with children^[7]^[8], with second-language speakers in their non-native language ^[9], as well as with people whose communication/language abilities have reasonable impact from mental disabilities^[10]. The use of techniques that are acceptable in the United States, such as lying to a suspect about evidence, are prohibited in several European countries because of the perceived risk of false confessions and wrongful convictions that might result, particularly with juveniles.^[11] For example, §136a of the German {{lang|de|{{ill2|Strafprozessordnung|de|Strafprozessordnung (Deutschland)}}}} (StPO, "code of criminal procedure") bans the use of deception and intimidation in interrogations; the Reid method also conflicts with the German police's obligation to adequately inform the suspect of their right to silence.^[12]

In Canada, Provincial Court Judge Mike Dinkel ruled in 2012 that "stripped to its bare essentials, the Reid technique is a guilt-presumptive, confrontational, psychologically manipulative procedure whose purpose is to extract a confession."^[13]

In December 2013, an unredacted copy of the secret Federal Bureau of Investigation interrogation manual was discovered in the Library of Congress, available for public view. The manual confirmed American Civil Liberties Union concerns that the agency used the Reid technique.^[14]

Abuses of interrogation methods include falsely accused suspects being treated aggressively and told lies about the amount of evidence proving their guilt. Such exaggerated claims of evidence, such as video or genetics, has the potential, when combined with such coercive tactics as threats of harm or promises of leniency, to cause innocent suspects becoming overwhelmed. In 2003, an innocent man who repeated he was not guilty and was on a bus at the time the robbery in question occurred, successfully sued the Hamilton Police Service.^[15]^[16]

In 2015, eight organizations including John E. Reid & Associates settled with Juan Rivera, who was wrongfully convicted of the 1992 rape and murder of 11-year-old Holly Staker. A number of pieces of evidence excluded Rivera, including DNA from the rape kit and the report from the electronic ankle monitor he was wearing at the time while awaiting trial for a non-violent burglary. However, he confessed after being interrogated by the police several days after taking two polygraph examinations at Reid and Associates. After his exoneration, Rivera filed a suit for false arrest and malicious prosecution. The case was settled out of court with John E. Reid & Associates paying $2 million.^[16]

Alternative models

The PEACE (Preparation and Planning, Engage and Explain, Account, Closure and Evaluate)^[17] model developed in Britain "encourages more of a dialogue between investigator and suspect".^[18]

In 2015, the Royal Canadian Mounted Police adopted a new standard influenced by the PEACE model. Sgt. Darren Carr, who trains police with the new approach, described it as "less Kojak and more Dr. Phil". This approach eschews the use of deceptive information to overwhelm suspects. It emphasizes information gathering over eliciting confessions, and discourages investigators from presuming a suspect's guilt.^[18]

See also

References

1. ^{{cite news |url=https://www.Wired.com/2016/05/how-to-interrogate-suspects/ |title=A Severed Head, Two Cops, and the Radical Future of Interrogation |publisher=Wired.com |date=May 24, 2016 |accessdate=July 10, 2016}}
2. ^[https://trademarks.justia.com/862/51/the-reid-86251415.html The Reid Technique – Justia Trademarks] Retrieved 28 December 2016.
3. ^Brian Gallini, "Police 'Science' in the Interrogation Room: Seventy Years of Pseudo-Psychological Interrogation Methods to Obtain Inadmissible Confessions", Hastings Law Journal, 61 (February 2010), p. 529. See abstract at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1474813
4. ^Starr, Douglas. "The Interview: Do police interrogation techniques produce false confessions?", The New Yorker, December 9, 2013
5. ^{{cite book| title=Practical Aspects of Interview and Interrogation |first1=David E. |last1=Zulawski |first2=Douglas E. |last2=Wicklander |publisher=CRC Press |location=Ann Arbor |year=2001 |isbn=978-0-8493-0101-8}}
6. ^{{cite journal| last1=Kassin |first1=S. M. |last2=Appleby |first2=S. C. |last3=Perillo |first3=J. T. |title=Interviewing suspects: Practice, science, and future directions |journal=Legal and Criminological Psychology |date=February 2010 |volume=15 |pages=39–55 |doi=10.1348/135532509X449361}} (preprint)
7. ^{{cite journal |last1=Drizin |first1=S. A. |last2=Leo |first2=R. A. |year=2004 |title=The problem of false confessions in the post-DNA world |journal=North Carolina Law Review |volume=82 |pages=891–1007}} (preprint)
8. ^{{cite journal |last=Beck |first=Susan |title=Saving Anthony Harris |journal=The American Lawyer |volume=XXXI |number=3 |date=March 2009 |page=76}}
9. ^{{cite web |title=Gonzales v. State of Nevada |url=http://www.reid.com/pdfs/summer2015/Gonzales.pdf |publisher=Westlaw |accessdate=26 February 2019}}
10. ^{{cite web |last1=Rogal |first1=Lauren |website=Protecting Persons with Mental Disabilities from Making False Confessions: The Americans with Disabilites Act as a Safeguard |publisher=New Mexico Law Review |accessdate=26 February 2019}}
11. ^{{cite book|last1=Vrij |first1=A |year=1998 |chapter=Interviewing Suspects |editor1-first=A. |editor1-last=Memon |editor2-first=A |editor2-last=Vrij |editor3-first=R |editor3-last=Bull |title=Psychology and Law: Truthfulness, Accuracy and Credibility |location=Maidenhead, UK |publisher=McGraw-Hill |pages=124–144}}
12. ^{{cite web |url=http://gletschertraum.de/Lehrmaterialien/10Vernehmungslehre_Skriptum.pdf |title=Skriptum Vernehmungslehre |publisher=Brandenburg State Police Academy and College |date=January 2, 2012 |language=de |accessdate=1 June 2018}}
13. ^{{cite web |url=http://www.canada.com/Judge+ruling+finds+widely+used+police+interrogation+technique+oppressive/7220193/story.html |last=Quan |first=Douglas |title=Judge's ruling finds widely used police interrogation technique 'oppressive' |date=September 10, 2012 |work=Canada.com}}
14. ^"You'll never guess where this FBI agent left a secret interrogation manual", Mother Jones, Nick Baumann, December 20, 2013. Retrieved December 21, 2013.
15. ^{{cite news |url=http://www.cbc.ca/news/canada/widely-used-police-interrogation-technique-can-result-in-false-confession-disclosure-1.389125 |title=Widely used police interrogation technique can result in false confession: Disclosure |publisher=CBC News |date=January 28, 2003 |accessdate=July 30, 2015}}
16. ^{{cite news|last1=Starr|first1=Douglas|title=Juan Rivera and the Dangers of Coercive Interrogation|url=http://www.newyorker.com/news/news-desk/juan-rivera-and-the-dangers-of-coercive-interrogation|journal=The New Yorker|date=May 22, 2015}}
17. ^{{Cite news |first=Terry |last=Gross |author-link=Terry Gross |date=December 5, 2013 |title=Beyond Good Cop/Bad Cop: A Look at Real-Life Interrogations |url=https://www.npr.org/2013/12/05/248968150/beyond-good-cop-bad-cop-a-look-at-real-life-interrogations |work=Fresh Air |publisher=NPR |access-date=October 13, 2016}}
18. ^¹²{{cite news |title=RCMP adopts gentler grilling of suspects |author=Douglas Quan |date=July 30, 2015 |accessdate=January 13, 2015 |work=The StarPhoenix |location=Saskatoon |url=https://thestarphoenix.com/news/local-news/rcmp-adopts-gentler-grilling-of-suspects }}