Interview Techniques in International Criminal Court and Tribunals
In this chapter we will discuss the interview techniques that interviewers report being used in international criminal courts and tribunals such as at the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC) with regards to suspects and “insider witnesses” to alleged international crimes (war crimes, crimes against humanity and genocide). Much of the evidence in these trials is elicited from witnesses, victims and suspects, and therefore the way in which they are interviewed is critical to successful prosecutions of the guilty. Interviewing of suspects is as important as interviewing victims and witnesses, as this can assist with information gathering and the process towards establishing the truth (or at least partial truth) of these horrendous crimes and their surrounding context. The interviewers came from a variety of cultural and educational backgrounds (including both law enforcement and the legal profession) and, as such, international criminal investigators and prosecutors are likely to be influenced by their national training and experience. These differences may impact significantly on the interview processes and techniques used to interview individuals concerning international crimes such as genocide, war crimes, and crimes against humanity. Yet despite these differences, the interviewers endorsed establishing rapport, using open questions, and encouraging free-recall. They also emphasised the importance of using evidence effectively and being aware of cultural issues. The need for specialised training of all investigators was also highlighted, in order to ensure a certain level of competency in specific techniques.
Police Interrogation in the 1990s: An Empirical Study of the Effects of Miranda
Miranda v. Arizona is the Supreme Court’s most famous criminal law decision, spelling out the requirements for police interrogation of criminal suspects. Despite its fame, we have little empirical knowledge about how the decision has affected police interrogation in the years that followed. What percentage of suspects waives Miranda rights? How many confess? How important are confessions to the outcome of prosecutions? No one knows the answer. This Article provides answers to those questions. After a review of existing literature in Part I, Part II sets forth the methodology of the empirical study. Part III reports the specific findings, including assessments of custodial interrogations, noncustodial interrogations, police compliance with Miranda rules, and ultimate outcomes of criminal cases. Part IV assesses the importance of these findings with respect to the wisdom of Miranda. The Article concludes that the Miranda decision, despite the promises of the Court and its defenders, has yet to be empirically justified as the proper balance between the competing interests of criminal suspects and society at large.
The Categorical Stability of Gambling Motives Among Community-Recruited Gamblers: A Longitudinal Assessment
Over the past decade, several motivational models have been proposed to explain the role of motives in gambling disorder. In the model captured by the four-factor Gambling Motives Questionnaire Financial (GMQ-F), gamblers are described as being primarily motivated to gamble for ‘coping’, ‘enhancement’, ‘social’, and ‘financial’ reasons. Although this model has received significant empirical support; to date, research assessing the role of motives in gambling disorder has been primarily cross-sectional in nature. Thus, the extent to which gambling motives remain stable over time has yet to be explored. In the current study, the stability versus fluidity of self-assessed gambling motives was investigated using the Quinte Longitudinal Study, a longitudinal dataset of gambling behaviour collected over 5 years. Gambling motives of 2795 gamblers were examined over all five annual assessments. The total proportion of gamblers who stayed in the same primary motive category across each of the 5 consecutive assessments was 22%, indicating substantial fluidity in category membership. Substantial movement between categories was seen for each GMQ-F group, as well as an additional group of non-classified motives. Logistic regression analyses suggest that greater resistance to gambling fallacies significantly predicted stability between the baseline assessment and a follow-up 1 year later, but gambling severity did not. Potential limitations in the study design and opportunities for future research are discussed.