Miet Vanderhallen

Between interviewer and suspect: the role of the working alliance in investigative interviewing

The importance of building rapport when interviewing witnesses and suspects is emphasized in many interview models developed in Europe as well as in the United States. The construct of rapport shows a number of similarities with the construct of the working alliance, which is already extensively examined in therapeutic settings. Despite the important predictive role found in therapy, the role of the working alliance in investigative interviewing was not addressed in police research. The present study aims at looking into possible benefits of using the theoretical framework and the operationalisation of the working alliance in order to gain insights into the dynamics of investigative interviewing. It is examined to what extent the working alliance contributes to satisfaction with the interview from both investigators and interviewees in actual interviews. It also considers which factors are important to the working alliance. Besides therapeutic factors the study also explores significant factors from investigative interviewing literature on building rapport. Self-report questionnaires completed by investigators and interviewees show the mediating role of the working alliance between empathy, interview style, clarity of the interview and interview satisfaction. The research findings will also be discussed in the light of interview training and follow-up. More in particular, experiences with building rapport from interview training will be presented as well as experiences from a supervision project on suspect interviewing. Finally, in light of the recent Salduz case law and the subsequent introduction of legal advice in Europe, police officers’ views on building rapport with suspects and lawyers are touched upon.

SCAN as an investigative tool

Scientific content analysis (SCAN) is a technique that claims to enable the detection of deception in written statements. The underlying assumption is that statements of self-experienced events differ in several ways – such as liveliness and concreteness – from imaginary statements. It is used in many countries as an investigative tool. Nevertheless, little research on the reliability and validity of the SCAN technique is available. In this paper, two studies are presented. The first study focuses on the accuracy of SCAN to detect deception by three groups of raters with a different level of experience. This study shows a lack of validity of SCAN. Study 2 investigated the inter-rater reliability as a possible explanation for the poor validity results, and found little agreement between raters in identifying SCAN criteria. Overall, results indicate that the psychometric qualities of SCAN as an investigative tool is insufficient for use in police practice.

Towards greater consistency in sentencing: Findings from a survey of Belgian magistrates

The need for more consistency in sentencing is becoming an increasingly prominent issue in judicial debates in Belgium. The present study examines the desirability and the possibility of enhancing consistency in sentencing in Belgium. As in many other countries, Belgian magistrates possess very wide discretion in sentencing. Like most other continental magistrates, however, Belgian magistrates have no sentencing guidelines or other helpful documents at their disposal. In order to gain insight into the possibility of implementing sentencing guidelines, the opinion of magistrates regarding increased consistency in sentencing was explored. Do magistrates perceive that there are inconsistencies in sentencing? What do they think about consistency in sentencing? These and other questions were asked in a survey distributed among Flemish magistrates. The findings of this exploratory study reveal that Flemish magistrates have a positive attitude towards consistency in sentencing.

Interviewing children in Belgium: an evaluation of practices

In Belgium, police officers are obliged to attend advanced training in interviewing children. Research suggests training is not sufficient to acquire and maintain skills, but follow-up is also required. The present study aims to examine the influence of the type of follow-up (individual follow-up, collective follow-up and no follow-up) on the overall quality of procedure in interviewing children.* Results show that police officers receiving individual follow-up perform significantly better in comparison with those who have received collective follow-up or no follow-up at all.

From Bikers to Gangsters: On the Development of and the Public Response to Outlaw Biker Clubs in Germany, the Netherlands and Belgium

Over the past decades, outlaw biker clubs have become widely labeled as organized crime groups. This chapter analyzes the interplay between the increasing internationalization of outlaw biker clubs, outlaw biker involvement in organized crime, their self-created dangerous image and the dominant policies to tackle outlaw biker-related crime. It is argued that the approach to outlaw bikers in Germany, the Netherlands and Belgium has increasingly focused on outlaw biker clubs rather than individual members, including groups copying their appearance. This trend of monitoring and tackling clubs is characterized by utilizing responsibilization strategies and pro-active administrative measures in light of risk management and crime prevention ideologies. Whereas the very first biker clubs in Germany, the Netherlands and Belgium were generally tolerated, the currently existing clubs are confronted with an all-encompassing zero-tolerance approach.

Procedural Safeguards for Juvenile Suspects in Interrogations: A Look at the Commission Proposal in Light of an EU Comparative Study

This article discusses the recent European Commissions Proposal for a Directive on procedural safeguards for children suspected and accused in criminal proceedings and the protection that it offers to juvenile suspects during interrogations. Given the importance of the interrogations for the outcome of a case and its sensitivity for the personality of vulnerable suspects, understanding how the Proposal protects children in this stage of proceedings seems a required step in the overall assessment of the quality of the proposed legislation. The Proposals evaluation is conducted in light of the preliminary findings of an on-going EU funded research project that the authors are currently coordinating. After a critical assessment of the scope and relevant definitions of the Proposal, the attention will turn to some specific safeguards related to (pre-trial) interrogations such as the right to legal assistance, the right to an appropriate adult and the right to an individual assessment. By referring to the current legal status quo in a selection of EU Member States, the article challenges some aspects of the Proposal such as its relatively narrow scope, the lack of definitions of certain concepts and the fact that the complexity of the vulnerability of juvenile suspects is not adequately taken into account by some of the proposed rules. With this critical evaluation and by emphasizing the importance of taking full account of the complexity of the matter, the authors hope to offer a contribution to the future debate and negotiations on how to effectively strengthen the protection of juvenile suspects.