Development of The Interview and Interrogation Assessment Instrument
Development of The Interview and Interrogation Assessment Instrument
Development of The Interview and Interrogation Assessment Instrument
Confession evidence factors heavily in judicial decision-making, and courts may call an expert social
scientist to assess the coercive pressures of an interrogation and risk factors for false confession. At
present, there exists no standardized methods for performing this task, and each expert uses their own
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.
This document is copyrighted by the American Psychological Association or one of its allied publishers.
All confessions are not equal. Suspects’ statements under ques- This approach offers the courts more latitude in examining confes-
tioning often play a pivotal role in the prosecution of the guilty. sion evidence and creates opportunities for psychological experts
Unfortunately, confessions are also a key contributor to the wrong- to testify on coercion and false confessions.
ful conviction of the innocent (Kassin et al., 2010). Because of the As judicial interest in the psychology of interrogations has
weight given to confessions among triers of fact, confessions are grown, so too has the sophistication of the social science research.
often contested in criminal cases. Concerns about interrogators The current research base on interrogations and confessions was
coercing false confessions from criminal suspects are not modern built upon reliable science and is generally accepted in its field
in origin; those within judicial and social science spheres have (Gudjonsson, 2021). The body of literature now encompasses ex-
been raising objections to certain interrogation practices since perimental research and meta-analyses (e.g., Klaver et al., 2008;
the early 20th century (e.g., Borchard, 1932; Munsterberg, 1908; Meissner et al., 2012, 2014), surveys of expert populations (e.g.,
Wickersham Commission, 1931), if not longer (e.g., Bram v. Kassin et al., 2007), observational and archival studies (e.g.,
United States, 1897; Hopt v. Utah, 1884; King v. Warickshall, Kaplan & Cutler, 2021; King & Snook, 2009; Ofshe & Leo,
1783). Over time, the courts have gradually moved beyond merely 1997), and review papers authored by psychologists (e.g., Kassin
examining physical abuse, direct threats, and promises to give et al., 2010; Scherr et al., 2020). It has also been highly informed
more consideration to concepts such as a suspect’s “operating by textbooks and training manuals written from the perspective of
mind” and an “atmosphere of oppression” (R v. Oickle, 2000, p. 1). those who conduct suspect questioning (e.g., Carr, 2015; Inbau
This article was published Online First September 29, 2022. Jeffrey Kaplan served as lead for data curation, formal analysis,
Jeffrey Kaplan https://orcid.org/0000-0002-3681-1214 investigation, methodology, project administration, validation, writing –
This research was presented in a symposium at the American Psychology – original draft, and writing – review & editing; contributed equally to
Law Society 2022 Conference. This work was supported by American conceptualization; and served in a supporting role for funding acquisition.
Psychology – Law Society Grants in Student Aid, Social Sciences and Brian L. Cutler served as lead for funding acquisition, contributed equally
Humanities Research Council of Canada CGS-D Grant 67-2020-1482, and to conceptualization and methodology, and served in a supporting role for
Social Sciences and Humanities Research Council of Canada Insight Grant writing – review & editing. Amy-May Leach served in a supporting role for
430-2016-00605. We note that the first, second, and third authors claim conceptualization and writing – review & editing. Joseph Eastwood served
ownership of the Interview and Interrogation Assessment Instrument. We wish in a supporting role for writing – review & editing.
to acknowledge Christopher Kelly, Alison Redlich, and Richard Leo for Correspondence concerning this article should be addressed to Jeffrey
sharing research materials. The data sets and additional tables associated with Kaplan, Faculty of Social Science and Humanities, University of Ontario
this research are available through the Center for Open Science at https://osf.io/ Institute of Technology, 2000 Simcoe Street North, Oshawa, Ontario L1H
r27uq/?view_only=028d8d1a9c14492095721e8623ce7b75. 7K4, Canada. Email: [email protected]
46
DEVELOPMENT OF THE IIAI 47
et al., 2013; Wicklander-Zulawski & Associates, 2020) and legal Other vulnerabilities may be due to the limitations of attention
and criminological critical reviews (e.g., Leo, 2008; Pepson & and memory and related phenomena such as selective attention
Sharifi, 2010). As demonstrated by Kassin et al.’s (2018) survey (Watts & Weems, 2006) and the availability heuristic (Tversky &
of confession experts, there is a strong degree of agreement Kahneman, 1973). When experts use unstructured methods, some
between experts on risk factors for false confession, although relevant factors may escape their attention or not be given proper
much of this knowledge remains outside of the ken of jurors consideration, an effect that has been noted in medicine, mechan-
(Alceste et al., 2021; Jones & Penrod, 2016; Kaplan et al., 2020). ics, aviation, and many other fields (Gawande, 2010).
The exponential growth in research over the past few decades Other biases may arise due to the nature of North American
has greatly enhanced our understanding of police interrogations legal systems. Experts’ assessments of risk of recidivism and civil
but has also made the prospect of analyzing a given interrogation commitment criteria tend to show a systematic bias, or adversarial
much more complex; each study that uncovers new knowledge allegiance (Murrie et al., 2009), toward the determinations pre-
about coercion and false confessions introduces new factors that ferred by the party that retained them (McAuliff & Arter, 2016;
an expert must be cognizant of and incorporate into their analysis. Murrie et al., 2013; Rufino et al., 2012). Subjective unguided
measures are more susceptible to practitioner bias and adversarial
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.
this article, we introduce a new comprehensive and comparatively allegiance than highly structured methods of assessment (Gowen-
objective method of analyzing coercion in interrogations and smith et al., 2012; Murrie & Boccaccini, 2015).
confessions. A final limitation of evaluating interrogations and confessions
in the absence of any structured instrument is that the resultant
Current Assessments and Their Limitations assessments lack any firm metrics. If an expert were to be asked
how an interrogation and confession compare to others (a question
In criminal law, expert testimony on confession evidence is typi- that, as consultants, we are routinely asked by defense lawyers
cally proffered under one of two contexts. There exist legal protec- who send us recorded interrogations for review), the only answer
tions against being coerced into making statements against one’s they could proffer would be a qualitative statement based on
will under questioning by law enforcement both at the national others they have reviewed in their careers. Thus, the process of
(Constitution Act, 1982; U.S. Const. amend. II) and international evaluating interrogations is also vulnerable to biases resultant
levels (Melzer, 2018). Criminal court judges may hold suppression from an anchoring effect (Tversky & Kahneman, 1973) wherein
hearings to determine the admissibility of a confession by examining experts may, in part, base their opinions on implicit comparisons
its voluntariness (Miranda v. Arizona, 1966; Schulhofer, 2001; to other interrogations they have encountered rather than the col-
Thomas & Leo, 2009), and an expert opinion may assist the trier of lective knowledge of the social science on interrogations and
law in that process. However, absent some explicit violation of a confessions.
suspect’s rights, criminal court judges are typically hesitant to rule a
confession inadmissible (Thomas & Leo, 2014). It is much more The Interview and Interrogation Assessment Instrument
likely that the court will consider issues of coercion to go to the
weight of the confession evidence, rather than its admissibility, and To address the above-mentioned limitations and to introduce
defer to the trier of fact (Pepson & Sharifi, 2010). In such instances, standardization to the evaluation of interrogations and confessions,
the jury may be informed about coercion or risk factors for false we undertook the development of the Interview and Interrogation
confessions by an expert psychological witness (Costanzo & Leo, Assessment Instrument (IIAI).1 The IIAI was designed to capture
2007; Marion et al., 2019; Soree, 2005). factors that affect the coercive pressure of suspect questioning and
In both contexts, an expert would review the interrogation vid- thereby serve as a measure of the risk of a coerced compliant false
eotape, audiotape, and/or transcript and idiosyncratically keep confession. These include factors that relate to the individual being
note of the factors that they deemed relevant and draw conclusions interrogated, those that relate to the environment of the interroga-
about the interrogation using their own professional judgment tion, and the tactics used during the interrogation. The recording
(Kaplan, 2022). There are numerous potential weaknesses and lim- of interrogations is standard practice in many jurisdictions (Bang
itations to such an approach as there is a collection of well-known et al., 2018), and the framework we developed is designed to func-
cognitive biases that may taint evaluators’ unguided judgments tion as an observational coding structure for use while viewing
(see Krauss & Lieberman, 2007; Marion et al., 2019; Neal & videotaped interrogations (see Figures 1 and 2).
Grisso, 2014). Although these biases have not been investigated Although the primary focus of the instrument’s measures pertains
specifically in interrogation evaluation, they are well documented to factors in accusatory interrogations, we opted to include the word
in other areas of forensic assessment. In the field of risk assess- “interview” in the name of our instrument for several reasons.
ment, for instance, unguided judgments have been repeatedly Many models of suspect questioning such as the Reid technique of
shown to be vulnerable to influence from the representativeness interrogation (Inbau et al., 2013) and the phased interview model
heuristic (Krauss & Sales, 2001; Monahan, 1981), which is to (Carr, 2015) begin with an interview that may shift to an
judge something/someone by how closely it matches a schema
1
(Tversky & Kahneman, 1974, 1986). In the context of interroga- The IIAI was originally named and is discussed as the Coercion
tion evaluation, this could hypothetically manifest as evaluations Assessment Instrument in Kaplan et al. (2019). In that chapter, we
introduced the early conceptualization of the instrument and attempts to
being subtly and subconsciously influenced by their own precon- operationalize coercion. The studies discussed in the current article and the
ceptions of how coercive interrogations unfold or how vulnerable analyses of the instrument’s reliability and validity only appear in the
suspects behave. current article.
48 KAPLAN, CUTLER, LEACH, AND EASTWOOD
Figure 1
Active Coding of Interrogation Tactics Using the IIAI
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Note. See the online article for the color version of this figure.
interrogation; knowing what took place in the preinterrogation tactics, our instrument may then be used to demonstrate that a
interview is highly pertinent to evaluating the proceeding interroga- confession was obtained without putting the suspect under signifi-
tion. To test and validate the IIAI, we primarily used videotapes of cant coercive pressures.
interrogations, although many included a preinterrogation interview It should be made explicitly clear that the IIAI was designed to
as well. Second, if nonaccusatory and noncoercive methods are measure coercion in interrogations and not the absolute truth of
used to gain a confession, without the use of any accusatory confessions. A coerced confession may be a true confession (i.e.,
Figure 2
Active Coding of Suspect Behaviors Using the IIAI
Note. See the online article for the color version of this figure.
DEVELOPMENT OF THE IIAI 49
when the suspect is guilty) or a false confession (when the suspect coercive items of the investigator making statements that they are
is innocent). False confessions also come in various forms. A vol- trying to help the suspect and offering incentives for information.
untary false confession is one in which an innocent individual
offers a confession with little or no prompting (Kassin et al., Evidence Based
2010). A coerced compliant false confession occurs when an inno- The evidence-based domain contains tactics that leverage evi-
cent suspect is persuaded or coerced by investigators to confess dence or perceptions of proof over the suspect in some manner. It
(Kassin et al., 2010). In this research, we focus specifically on includes directly presenting evidence, pointing out contradictions
assessing coercion in the interrogation process. We therefore focus in a suspect’s account, as well as deceptive tactics, such as pre-
on risk factors for coerced compliant false confessions, but the senting false evidence, bluffs/bait questions, and referring to the
IIAI was not designed to assess the veracity of confessions. strength of the evidence without revealing specifics.
The IIAI does not replace an expert witness. It provides a means
of organizing findings and produces metrics related to an interroga- Social and Psychological Manipulation
tion and confession. Interpreting that data requires a strong back-
During an accusatory interrogation, an investigator may employ
ground in the psychology of interrogations. Thus, the IIAI is meant
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.
resistance (e.g., denials and objections), making inculpatory state- Luna (2022) defined coercion as arising when “P (i.e., the coercer)
ments, and legally relevant behaviors (e.g., requesting an attorney). is in a position of power and communicates a conditional offer
The IIAI also keeps track of the suspect’s general demeanor. One of and/or threat to Q (i.e., the coercee) who is in a constrained situa-
five demeanors are possible. These demeanors are conglomerations tion created by P” (p. 7). Essentially, the investigator constrains
and amalgamations of more specific behaviors that the content the suspect’s options by removing denial as a viable course of
experts who were consulted in the development of the IIAI indicated action either by making it seem impossible or tying negative con-
were pertinent to evaluating a suspect’s level of emotional duress sequences to it and then makes a conditional offer that indicates
(see Figure 2). that confessing will lead to more desirable outcomes.
Our definition of coercion, however, differs from that offered
Physical Environment and Context by Luna (2022) in two respects; it does not explicitly address the
Physical environment and context are accounted for on the scor- power differential between suspect and investigator (an insightful
ing sheet and include factors such as isolation before interrogation, connection worthy of consideration going forward), and it includes
holding the interrogation in a small and barren room, and the use the psychological wearing down of a suspect via interrogation-
of a polygraph. It also includes a yes/no item to account for related regulatory decline (Davis & Leo, 2012) that is absent from
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whether the suspect was read a proper legal caution at the start of
questioning. others requires some powers of concentration and self-regulation
(Knowles & Riner, 2007; Muraven & Baumeister, 2000), which
Suspect Risk Factors an investigator may aim to deplete (Davis & Leo, 2012). A sus-
pect’s ability to critically evaluate information, weigh their
There are nine suspect risk factors accounted for in checklist
options, and resist an investigator’s demands may be diminished
form on the IIAI sheet. These include intellectual disability, men-
through repeated coercive tactics that cause fatigue and emotional
tal illness, sleep deprivation, and intoxication. It is not at the IIAI
duress. Our cognitive resources can be metaphorically thought of
user’s discretion to make these determinations based solely on
as an energy source, which can be drained. Eventually, thinking
what they observed in the videotaped interrogation. Rather, this
and reasoning processes become seriously impaired, the ability to
information is generally found in the case’s discovery package in
withstand any more stress dissolves, and the suspect gives in to the
the form of police reports, hospitalization records, and evaluations
demands of the investigator to confess (Davis & Leo, 2012, 2013).
conducted by psychiatrists and clinical psychologists.
It must be noted that our use of the term “coercion” differs from
legal definitions that center on (in)voluntariness. When a confes-
Conceptualization and Development sion is given, it is viewed by the legal system in dichotomous
The above represents the result of 6 years of research and three terms of voluntary or involuntary, where in the latter no option
separate studies. To explain how we arrived at our current point, existed but for a suspect to capitulate to the demands of the crimi-
we begin with a basic summary of the early concept development nal justice system (Hopt v. Utah, 1884; Philips, 1984). Coercion,
and literature review. Before one can endeavor to measure a con- by our definition, is instead viewed on a continuum, and we do not
struct, that construct needs some tangible operational definition. identify an inflection point at which interrogations cross a defini-
Following a thorough review of the legal and psychological litera- tive boundary into being coercive.
ture, we arrived at an operational definition of coercion in interrog- Our operational definition provided a benchmark to gauge the
ation on which to base our measures: types of variables that would need to be measured in order to
effectively evaluate interrogations. Identifying observable and
Coercion in police interrogation consists of the use of persuasive tech- measurable coercive occurrences was necessary to form the foun-
niques that limit the suspect’s autonomy by manipulating the per- dations of an assessment instrument for evaluating interrogations.
ceived costs and benefits of possible courses of action and/or The selection of items, in turn, necessitated the above operationali-
depleting the suspect’s motivation or ability to resist persuasion and zation of the term “coercion” to serve as the criterion by which
acceding to the investigators’ demands. (Kaplan et al., 2019, p. 6) potential items were selected. This process was cyclical. Due to its
intended applications, in constructing the IIAI and selecting poten-
Part of this definition was borrowed from Leo and Liu (2009), tial items for inclusion, special attention was also paid to those
who had defined coercion as “[that which] removes an individual’s risk factors that have been empirically connected to coerced com-
perception of their freedom to make a meaningful choice during a pliant false confessions such as presenting false evidence (Klaver
police interrogation” (p. 385). Once a suspect waives their right to et al., 2008).
silence and an interrogation begins, they essentially have the two For the purposes of interrogation assessment, we began mining
options of denial or confession; many interrogations are premised the literature for the specific interrogation tactics that could contrib-
on making confession seem the better option. Coercive pressure ute to, or potentially detract from, the coerciveness of an interroga-
may be applied by manipulating the perceived costs and benefits tion. Some of the first sources consulted were those that provided
of confessing or continuing with denials and thereby limiting the overviews of interrogations, confessions, and risk factors for false
suspect’s perceived viable options. Our operational definition confession such as review papers (e.g., Kassin et al., 2010) and
therefore includes choice architecture (manipulating perceived books on interrogation (e.g., Gudjonsson, 2003; Leo, 2008).
options and their pros and cons; Knowles & Linn, 2004). The con- Some of our primary sources of tactic items were past observa-
cept of imposing constraints on choices and contrasting them tional studies; because these items had been used previously in the
against conditional offers was also the basis of Luna’s (2022) evaluation of interrogations, accounting for them within our own
recent definition of coercion in interrogations and plea bargaining. observational framework was considered achievable. We retained
DEVELOPMENT OF THE IIAI 51
the same phrasing from the original sources wherever possible. for false confession (e.g., Cleary, 2017; Malloy et al., 2014; Redlich,
Leo (1996) and King and Snook (2009) provided a number of 2009). Other items added to this section of the IIAI were temporary
items representing interrogation tactics, most of them related to states such as sleep deprivation (Blagrove, 1996; Frenda et al.,
the Reid technique of interrogation (Inbau et al., 2013). Other 2016).
items were drawn from observational studies conducted by Pearse A systematic review performed by Kelly et al. (2013) was our
and Gudjonsson (1999), Bull and Soukara (2010), and Kelly et al. greatest resource throughout the entire development process. The
(2016). Items were also drawn from relevant case law (e.g., Malin- authors set out to create a taxonomy of interrogation tactics; to this
ski v. New York, 1945). A number of surveys regarding interroga- end, they compiled a list of 800 interrogation tactics, combined the
tion and interrogation tactics were consulted in order to identify redundant tactics, removed those that were not applicable, and di-
coercive tactics for possible inclusion in the IIAI. One such source vided the remaining tactics into categories they referred to as
was a survey conducted by Kassin et al. (2007), which, among domains. Although we have made considerable alterations to the
other things, asked police officers about the tactics they regularly taxonomy as originally envisioned by Kelly et al. (2013), such as
use. Expressing anger at suspects, bluffing about evidence, and moving all of the minimization items under one domain and renam-
leveraging polygraph results as evidence during an interrogation
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investigators, defense attorneys, and prosecuting attorneys. This Tactics that leveraged perceptions of proof were organized into
provided a sample of experts from a variety of perspectives. the evidence-based domain (n = 11 items; Cronbach’s alpha =
A total of 74 participants completed the survey: 54 SSEs and 20 .762). Tactics that leveraged social and psychological outcomes
CJOs. The average age of participants was 45.77 (SD = 13.94). were organized into the social and psychological manipulation do-
The sample was 37.8% (n = 28) male and 62.2% (n = 46) female. main (n = 10 items; Cronbach’s alpha = .740). Those tactics that
Our participants were 84% (n = 62) White, and 16% (n = 12) iden- created or emphasized punishments for noncooperation were put
tified as another race or as biracial. For most items, the ratings of into the consequence-based domain (n = 17 items; Cronbach’s
SSEs and CJOs did not statistically differ from one another (see alpha = .813). Finally, tactics that implied mitigated punishment
Kaplan et al., 2020). were placed into the minimization domain (n = 5 items; Cron-
The survey was hosted by Qualtrics. It contained all 194 items bach’s alpha = .803).
identified through literature review, which were divided into four We reduced the suspect behaviors from 65 to 10 by first remov-
categories: tactics, suspect behaviors, environment and context, ing eight suspect behaviors due to having neutral properties and
and suspect risk factors. Each item was rated on a 7-point Likert combining two that were similar. We then grouped the remaining
scale. Each scale also had an additional option to indicate an item suspect behavior items into suspect demeanors both conceptually
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was too vague or unclear to judge. The text above each item
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This process entailed independently reviewing and coding interroga- similarities. For example, in pilot testing, there was low agreement
tions using the IIAI, then periodically meeting to compare our for the items of “increase guilt” and “honor/religion.” A great deal
results and assess interrater reliability. Areas in which coding dif- of the responsibility for the lack of interrater agreement lay in the
fered between raters were discussed, steps were taken to resolve any fact that in places where one rater had coded one of these items, a
ambiguities, and we made continual adjustments based on our expe- second rater would code the other. These items had been given
riences applying the instrument. This process took place over similar coercion ratings by the experts surveyed, and all went to
approximately 18 months and involved the coding of 50 interroga- the same general construct. Therefore, for the sake of decreasing
tion videos (i.e., five sets of 10 interrogations). the number of items, these were combined under “increase guilt.”
We used two general units of measurement when testing inter- Items that were removed or combined during pilot testing can be
rater reliability: (a) interrogation and (b) time block. For instance, found in our online materials: Kaplan, Cutler, Leach, and Eastwood
if one user coded 39 pieces of evidence being presented for a given (2022), https://osf.io/r27uq.
interrogation and another coded 31, those two data cases would Based on item clarification, item removals, and item combina-
become a point of comparison for analysis using each interroga- tions over multiple rounds of coding, reliability steadily improved
tion as the unit of measure in intraclass correlational (ICC 2, k)
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analyses. Those measures, however, would not necessarily mean ized results can be found in Tables 1 and 2. We then endeavored
that both users had coded the same occurrences. When the to formally establish reliability in the following study.
exported data from two raters are compiled together, they form a
cross-tab matrix of tactics and 90-s time blocks (each column a Method
rater’s coding, each row a 90-s time block). Intraclass correlational
(ICC 2, k) analyses were performed on both the 90-s time block Previous research assistants who had used the IIAI were junior
data and the per-interrogation data to assess the reliability of our undergraduates with little education on interrogations and confes-
coding. ICC coefficients may be interpreted using the following sions who were given relatively little training. Due to their diffi-
guidelines: less than .40 = poor, between .40 and .59 = fair, culties in understanding some of the more nuanced aspects of
between .60 and .74 = good, and between .75 and 1.00 = excellent interrogations, we compiled a 78-page training manual and a train-
(Cicchetti, 1994). Suspect risk factors and environment and con- ing program. We recruited three new research assistants holding
text items were analyzed using Cohen’s j. master’s degrees who were currently completing doctoral studies
The reliability measures from our first rounds of pilot testing and two new research assistants who were in their third year of
were poor. One of the primary reasons for low interrater reliability bachelor studies in psychology, but did not yet hold any degrees or
was that there were too many items to attend to at once. To address certifications, to undergo training.
this, the number of tactic items was reduced from 51 to 36 by The training program took place over 2 days. During the first
dropping extremely low-frequency items. Any item that occurred day of the course, an 85-slide presentation was given to the
less than five times during testing was reviewed by the research research assistants; it took approximately 5 hours to complete.
team and dropped if we agreed that they were not necessary for This first session gave an overview of coercion in police interroga-
measuring coercion in police interrogations. For instance, the tions and covered the suspect behaviors, environment and context
items “eye contact,” “unexpected question,” and “reverse order” items, and suspect risk factors. The second part of the course cov-
were three tactics taken from Vrij et al.’s (2006) overview of ered the coding of interrogation tactics and investigator demean-
detecting deception through increasing cognitive load. These tac- ors. It included a 121-slide presentation and took approximately 6
tics did not occur in any of the interrogations during pilot testing hours to complete. Following the completion of training, the five
and had questionable coercive properties, and thus these items research assistants were given seven interrogation videos totaling
were removed. There were, however, some very rarely occurring 6 hours and 55 min to code, which we then analyzed for interrater
items that were retained due to their clearly coercive properties, reliability. This study was not preregistered. This study was
such as the investigator becoming physically aggressive or telling approved by our institution’s research ethics board.
the suspect they cannot leave until they confess. It would detract
from the instrument to too great a degree if it could not account Results and Discussion
for such occurrences, despite their very low prevalence.
We also combined items that were being mistaken for each We established acceptable levels of interrater reliability for
other, had comparable coercion ratings, and shared conceptual most items and domains, with the exception of rapport building
Table 1
Pilot Study Interrater Reliability by Interrogation
Set Total Rapport Evidence S&P Consequence Minimum Suspect
Set 1 .556, .790 .108, .266 .563, .794 .183, .401 .623, .832 .326, .592
Set 2 .594, .815 .522, .766 .807, .926 .626, .834 .320, .586 .396, .663
Set 3 .764, .907 .308, .572 .787, .917 .921, .972 .393, .660 .631, .837 .498, .665
Set 4 .870, .952 .500, .750 .919, .971 .859, .948 .773, .911 .419, .684 .581, .735
Set 5 .875, .933 .650, .788 .899, .947 .915, .956 .864, .927 .853, .920 .800, .889
Note. Single and averaged ICC 2, k measures. Coding of suspect behaviors began in Set 3 of pilot testing; tactic total calculated independent of suspect
data. S&P is the social and psychological manipulation domain.
54 KAPLAN, CUTLER, LEACH, AND EASTWOOD
Table 2
Pilot Study Interrater Reliability by Time Block
Set Total Rapport Evidence S&P Consequence Minimum Suspect
Set 1 .384, .651 .147, .341 .443, .705 .183, .401 .213, .448 .408, .674
Set 2 .329, .596 .295, .556 .397, .664 .626, .834 .378, .645 .297, .558
Set 3 .592, .813 .448, .708 .624, .833 .921, .972 .692, .871 .388, .655 .542, .703
Set 4 .676, .862 .476, .732 .747, .899 .859, .948 .656, .851 .591, .812 .469, .663
Set 5 .741, .851 .685, .813 .779, .876 .915, .956 .713, .832 .723, .839 .618, .764
Note. Single and averaged ICC 2, k measures. Coding of suspect behaviors began in Set 3 of pilot testing; tactic total calculated independent of suspect
data. S&P is the social and psychological manipulation domain.
and suspect behaviors (see Tables 3 and 4). For rapport building, previously assessed using our instrument, and SSEs were blind to
this was often due to disagreements regarding coding rapport these previously calculated scores.
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building conversations as one long instance or as many instances. Experts rated the coercive pressures of the interrogation in total
This document is copyrighted by the American Psychological Association or one of its allied publishers.
At times, the research assistants also coded very basic procedural and along dimensions reflecting the domains of the IIAI. Their rat-
questions (e.g., name, date of birth, etc.) as rapport-building con- ings were compared to IIAI domain scores, suspect behavior
versation when investigators were merely filling out necessary scores, and total IIAI scores. The purpose of these comparisons
paperwork. Similar issues of coding one long instance or multiple was to demonstrate the convergent validity of the IIAI with the
instances arose when coding the suspect’s behaviors as well. Dis- professional judgment of SSEs currently working in the field of
agreements also arose when research assistants coded denials and interrogation and confession evaluation.
admissions to acts that were not criminal offenses, such as failure
to pay bills or having extramarital affairs. Reliability for social Hypotheses
and psychological manipulation and consequence-based tactics
were also weaker than expected. Again, this was largely due to The first hypothesis was that IIAI tactic measures would positively
whether a tactic was coded as one long instance or multiple instan- correlate with independent SSEs’ evaluations of the total coercive
ces. Some specific items such as “evidence bait,” “downplaying pressure of the interrogations. The second hypothesis was that the
seriousness,” and “alternate question” were recurring sources of experts’ ratings for specific types of coercive pressure (e.g., evidence
disagreement due to being undercoded by some research assistants based, minimization, etc.) would positively correlate with those
but attended to by others. Interrater reliability statistics on each measures from the corresponding IIAI domains. The third hypothesis
individual item are available through our online materials (Kaplan, was that SSEs’ ratings of suspect duress would correlate positively
Cutler, Leach, & Eastwood, 2022; https://osf.io/r27uq). with IIAI measures of suspect behaviors.
The total interrater reliability of the instrument was good, and
research assistants agreed about how they captured the main tac- Method
tics of accusatory interrogations. ICC measures for the evidence-
based domain were excellent, and the minimization measures were Participants
good. There was also little disagreement between research assis-
Because we expected a moderate correlation between SSEs’ rat-
tants for the dichotomously recorded items of the environment and
ings and instrument scores (q = .55), power analysis conducted in
context and suspect risk factors. Other specific domains and tactics
G*Power 3.1 (Faul et al., 2007) indicated that a sample of 35 SSEs
showed poor interrater reliability and will be the focus of future
would be sufficient to statistically demonstrate the relationship. This
revisions and additional interrater reliability research.
was rounded up to 40, but we were ultimately only able to collect 36
responses from qualified SSEs.
Study 3 Participants were recruited through the American Psychology –
Each item was given a weighted coercion score based on an av- Law Society listserv, from personal contacts, and by referral from
erage of the experts’ ratings from Study 1. As tactics are used and other participants. The inclusion criteria for SSEs were that (a)
recorded, the total tactic score and domain scores continues to they held a graduate degree in a relevant area of the social scien-
increase relative to those tactics’ coercion weight. We initiated ces, (b) they had performed expert witness functions pertaining to
Study 3 to examine and establish the validity of those scores. To assessing interrogations (e.g., testifying in court, writing reports or
accomplish this, we asked 36 SSEs to review and evaluate one affidavits) and/or had published peer-reviewed research in the
videotaped interrogation each. All interrogations had been areas of interrogations and confessions, and (c) were based in
Table 3
Study 2 Interrater Reliability by Video and Time Block
Set Total Rapport Evidence S&P Consequence Minimum Suspect
Video .944, .985 .285, .615 .970, .992 .673, .892 .704, .905 .647, .880 .487, .851
Block .856, .960 .457, .771 .925, .980 .490, .794 .573, .843 .613, .864 .316, .735
Note. Single and averaged ICC 2, k measures. S&P is the social and psychological manipulation domain.
DEVELOPMENT OF THE IIAI 55
Table 5
IIAI Scores Descriptive Statistics
Pretransformation Posttransformation
Measure M SD Skew SE skew Kurtosis SE kurtosis M SD Skew SE skew Kurtosis SE kurtosis
Rapport building 3.85 4.51 1.98 .191 4.40 .379 1.22 .84 .21 .191 .82 .379
Evidence based 18.97 23.78 2.27 .191 6.05 .379 2.36 1.18 .08 .191 .78 .379
S&P manipulation 9.32 19.27 3.58 .191 14.56 .379 1.31 1.37 .65 .191 .69 .379
Consequence 39.32 57.18 3.29 .191 14.46 .379 2.85 1.46 .39 .191 .79 .379
Minimization 13.88 20.56 3.19 .191 12.59 .379 1.99 1.23 .01 .191 .78 .379
Suspect behaviors 35.41 41.76 3.45 .191 16.31 .379 3.94 1.14 .49 .191 .45 .379
Total 79.95 108.18 3.03 .191 12.63 .379 4.53 1.56 .93 .191 1.46 .379
Note. N = 162. S&P is the social and psychological manipulation domain.
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.
derogation” and is clearly defined and operationalized within our unlikely as all psychological instruments show at least some varia-
instrument. From the IIAI user’s perspective, it does not matter tion between users (Blais et al., 2017; Edens et al., 2016). The
whether they believe that the suspect was lying or if they felt that instrument is still vulnerable to human error, and users may not
the investigator was justified in making that accusation. The user’s always be attentive to all tactics. Each trained IIAI user may have
feelings toward the criminal offense and the imperatives of those their own idiosyncrasies, and the same interrogation evaluated by
who retained them should not interfere with the ability to recog- two experts will invariably show some differences.
nize and code the tactic. Organizing findings based on an empiri- Rapport building was a weak spot in both Studies 2 and 3.
cally established framework, as opposed to subjective clinical Unlike concepts such as minimization and maximization found in
judgment, may therefore serve to reduce biases and adversarial al- accusatory interrogations, the measurement of rapport building has
legiance as it has in the field of risk assessment (Gowensmith been vague and elusive in the social sciences (Gabbert et al.,
et al., 2012; Murrie & Boccaccini, 2015). 2021). In our studies, the construct of rapport building was not so
We also developed a standardized sample of 162 coded inter- easily captured in a set of discretely coded items; this method of
rogations.2 The videotapes used to create this sample pertain to measurement does not take into account nonverbal techniques or
interrogations that took place in North America between 1998 and concepts such as mutual attentiveness (showing caring interest),
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.
2020, ranged from 8 to 491 min (M = 73.38, SD = 67.31), and positivity (positive affect), and coordination (shared understand-
This document is copyrighted by the American Psychological Association or one of its allied publishers.
included a variety of felony/indictable offenses. The file contains ing; Tickle-Degnen & Rosenthal, 1990) that experts may have
116 variables and is available to interested researchers through the been attentive to in making their ratings. In practice, this means
Center for Open Science (Kaplan, Rumschick, et al., 2022, https:// the IIAI may not be fully suited to capturing social pressures that
osf.io/r27uq). Newer versions will be periodically added as the may be present in rapport-based methods of questioning, such as
sample continues to grow. Allowing experts to compare data from PEACE (Centrex, 2004). Making refinements to our measures of
a given interrogation to a much larger standardized sample of rapport building will be of focus for future revisions of the IIAI.
interrogations may help reduce the anchoring effect and assist There are also several important expert witness functions that
experts in making comparisons about the coerciveness of an inter- are not aided by the IIAI. It is not a method of evaluating an inves-
rogation to norms. Thus, distilling the past 40 years of research tigator’s proficiency at conducting investigative interviews. The
into a systemized instrument for the first time allows expert wit- IIAI is solely for evaluating coercion in interviews and interroga-
nesses to provide quantifications of coercive pressure based on the tions and does not provide any framework for evaluating the larger
aggregate knowledge of the social science on interrogations and investigation or police tunnel vision. It may assist in confession
confessions. contamination analysis by marking on its timeline when investiga-
In addition to guiding expert witnesses’ judgments, the IIAI will tors raise evidence, but it is not a tool specifically meant for evalu-
be useful in future research for coding interrogations by providing ating the reliability of the information gained from interviews and
common sets of metrics and measures by which to compare results. interrogations.
Users, however, should be mindful of the limitation that interrater Study 3 employed a relatively small number of participants who
reliability varied among the domains. The IIAI produces measures may not fully reflect the state of the social science knowledge on
for 90 different variables relating to the interrogation coded, includ- coercion and interrogations, particularly considering that nearly
ing an exact record of interrogation tactics used and suspect behav- half had never served as expert witnesses. Given the small sample
iors observed. These measures are spread out across numerous size, we also opted not to perform adjustments of our alpha levels;
domains, allowing for the quantification of the amount of coercive we were interested in the strength of the relationships and believed
pressure being applied and how it was being applied. The various it would be overly stringent to apply such a correction given the
measures of the IIAI may be analyzed by themselves, in relation to relatively small sample size.
one another, or in relation to other considerations such as the loca- Our instrument was designed to capture coercive pressure in inter-
tion, the suspects’ demographics (e.g., gender, race), the crime(s) rogations and thereby serve as a measure of the risk of coerced com-
under investigation, etc. pliant false confessions. In Study 3, we established a basic level of
convergent validity with how experts currently working in the crimi-
Limitations nal justice system conceptualize coercive pressure, but we have not
established criterion validity with the outcome of a suspect making a
Although during pilot testing, we established good-to-excellent false confession. With a sample of videotaped interrogations resulting
levels of interrater reliability for all of our domains, in Study 2, in known false confessions, an receiver operating characteristic anal-
there was considerable disagreement for rapport building, social ysis could potentially be performed to demonstrate that those inter-
and psychological manipulation, and suspect behaviors. Some rogations with higher scores are more likely to result in false
individual items such as evidence bait, past acts, and the alternate confessions, and this represents an area of future study. Not having
question also showed low interrater reliability in Study 2. Part of establishing criterion validity does not represent a fatal flaw since an
the reason for this discrepancy between the pilot study and Study expert may not directly opine as to the ultimate question of a confes-
2 may be the fact that the research assistants from the pilot study sion’s veracity or the guilt of a defendant (Marion et al., 2019). Fur-
had much more experience using the instrument by the end of the ther, the majority of the items included in the instrument such
five sets than did the research assistants recruited for Study 2. as explicit threats, promises, minimization and maximization
Therefore, the practice coding of at least five interrogation videos
will be added to the training, and the interrater reliability of the 2
Interrogation data that came from cases in which the authors were
IIAI will be better established through future study. Regardless of retained as expert witnesses have been removed from the publicly available
improvements made, completely perfect interrater reliability is file.
58 KAPLAN, CUTLER, LEACH, AND EASTWOOD
techniques, etc. have been independently confirmed to be risk factors factors are present is not at the IIAI user’s discretion based solely
for false confession through experimental research, archival research, on what they observed in the videotaped interrogation.
and meta-analyses (Drizin & Leo, 2004; Leo & Ofshe, 1998; Meiss- The IIAI was developed in North America by Canadians and
ner et al., 2012, 2014). Americans using a sample of interrogation videos that all came
In Study 1, we removed eight tactics due to experts rating them from North American law enforcement agencies. The basic princi-
as not having coercive properties. While certain tactics such as ples and the items reflecting those principles should be mostly uni-
depersonalizing the situation may not be coercive when used in versal because accusatory approaches are used by a variety of law
isolation, when paired with other tactics (such as a direct accusa- enforcement agencies around the globe. In addition to being
tion), they may have a coercive impact. In such cases where a co- widely used in North America, accusatory and hybrid methods of
ercive tactic is augmented by some other occurrence not directly interrogation, which are premised on choice architecture, are
captured by the IIAI, it may be mentioned in the evaluation, but it taught to and employed by police internationally including in
would not impact the instrument’s scoring. Japan (Wachi & Lamb, 2019), Korea (Reid Institute, 2015), South
The IIAI tactic scores as derived from the results of Study 1 and Africa (Starr, 2019), and across the Middle East (Inbau et al.,
used in Study 3 are not perfect measures. Surveying experts was a 2013) and Latin America (Wicklander-Zulawski & Associates,
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.
proficient method of validating the items that had coercive proper- 2020). However, the instrument has yet to be tested on interroga-
This document is copyrighted by the American Psychological Association or one of its allied publishers.
ties and discarding those that did not, but it may not have been an tions from outside of North American jurisdictions and should not
appropriate method to determine the coercive magnitude of each be used to do so until its reliability and validity can be established
item. Ultimately, science is not a democracy where a poll is taken using international samples.
and an averaged middle ground of opinions is accepted as truth,
and our entire basis of the scoring matrix may be predicated on Conclusion
shaky ground. The SSEs’ ratings from Study 3 are also likely less
than perfect reflections of coercive pressure. The experts’ ratings Over the course of three studies, we have laid the empirical
may have been affected by all of the biases and shortcomings of foundations for the IIAI. In Study 1, we were able to greatly
unguided judgments discussed above. The anchoring effect in par- reduce a large number of items down to a workable set of items
ticular may have played a large role in that the IIAI measures were pertinent to the assessment of coercion in police interrogations
produced by a standardized instrument, whereas the expert ratings that were internally reliable. After making significant edits and
were produced not just by unguided judgment but the unguided refinements during pilot testing, at the end of that process, we had
judgment of 36 different individuals, each theoretically with their developed a usable instrument, and we then tested its interrater
own anchoring points. If each of the 36 videos had been reviewed reliability in Study 2. Finally, in Study 3, we established a basic
and judged relatively to one another by a single expert, then the level of convergent validity between most of our measures and the
correlations may have been different. evaluations of coercive pressure of the forensic social science
Throughout the article to this point, we have referred to the IIAI community. Further refinements and testing are needed in some
as an instrument for measuring coercion and risk factors for areas, as discussed in the Limitations section, but the basic frame-
coerced compliant false confession, yet Studies 1 and 3 only asked work that we developed has largely stood up to empirical scrutiny.
participants to rate the former. We maintain that the IIAI will still The field of forensic psychology has been moving toward
assist the courts in adjudicating disputed confessions decisions. In greater standardization for decades (Andrews et al., 2006), and our
order for a confession to constitute admissible inculpatory evi- instrument is a natural step in this process. Equipping forensic
dence, it must be made voluntarily (R v. Piche, 1971; Smith et al., social scientists and expert witnesses with a measurement of coer-
2012). By definition, a coerced statement is not voluntary, and cion based on psychological standards and relevant to criminal
therefore knowing that the items had been rated as coercive by and procedural law will advance both the state of forensic social
experts is useful knowledge for the trier of law in determining science and the effectiveness of the criminal justice system. Our
admissibility. Knowledge about the amount of coercion that eli- instrument is meant to standardize how experts evaluate interroga-
cited a confession is also useful information to jurors in weighing tions in the criminal justice system and provide more comprehen-
veracity; the link between coercive interrogation practices and sive and objective analyses of confession evidence.
false confession is so strong and direct (see Drizin & Leo, 2004;
Kassin et al., 2010; Scherr et al., 2020) that evaluating the amount
of psychological coercion behind a statement is one of the main
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