Background and Challenges
Interviewing during criminal investigations is a core task in law enforcement. The investigative bodies are bound to respect and protect the inherent dignity and physical and mental integrity of all persons – including victims, witnesses and suspects.
Since mistakes made during the early phase of criminal investigations tend to be prolonged, also into the criminal proceedings, one could say that fair trial starts at the crime scene and in the interviewing room.
Victims of wrongful convictions are subject to great suffering inflicted by the state, and often the actual perpetrators evade prosecution and conviction. This contributes to undermine the rule of law. Mistreatment of people in custody and coercion of suspects with the aim of making them confess is still commonplace. Whereas outright torture may be the exception, police in many countries still apply interrogation methods that involve undue pressure and manipulation.
Human Rights Implications
Within a human rights framework, the police - as one of the state actors in custody of the state's monopoly on violence - is in a particularly exposed position. When the police question suspects human rights are put under pressure. During such encounters, the right to freedom from torture and the right to a fair trial, including the right to be presumed innocent become particularly relevant. The performance of the police is key to upholding human rights. During arrests, questioning, and prolonged criminal investigations, the risk of committing human rights violations is particularly high.
Cooperation and Resources
NCHR cooperates closely with the Norwegian Police University College and the Norwegian Police in teaching, research and dissemination work. Chief Superintendent Dr Ivar Fahsing, and Chief Superintendent Dr Asbjørn Rachlew, who are also associate researchers at the NCHR, have been central in NCHR’s work and stimulated colleague-to-colleague encounters.
Investigative Interviewing PEACE and K.R.E.A.T.I.V.
Investigative interviewing is a credible alternative to the application of torture. The goal of an investigative interview is to obtain accurate, reliable and actionable information.
The PEACE model for police interviewing (Planning and preparation, Engage and explain, Account, Closure, Evaluation), developed in the United Kingdom in response to a number of documented forced confessions and associated wrongful convictions in the 1980’s and 1990’s.
The model developed into K.R.E.A.T.I.V. in Norway. The acronym is composed of phrases reflecting the values and principles the method is based upon. Communication, Rule of law, Ethics and empathy, Active consciousness, Trust through openness, and Information - Vantage point: science.
Another staged investigative interview method is called the conversation management approach. Also, the term forensic interviewing is used, and the more specific term cognitive interviewing is a method that includes memory enhancing techniques.
See training material and resources to learn more.