Enhancing Investigative Interviewing through the Application of Emotional Intelligence Skills
Keywords:Investigation, Interviewing, Emotional Intelligence
AbstractContext: Investigating interviewing has both human and technical components. The skills associated with emotional intelligence may be learned and applied to improve the quality and effectiveness of investigative interviewing, thereby increasing the performance of investigators and policing organizations. The purpose of this paper is to identify approaches to the application of emotional intelligence to the investigative interviewing process. These approaches are designed to instruct and aid investigators in the utilization of emotional intelligence skills to improve investigative interviewing skills. Methods: Golemanâ€™s and Boyatzisâ€™ et al. four essential elements of emotional intelligence and their associated 20 behavioral competencies are utilized to develop a methodology for the application of emotional intelligence skills to investigative interviewing.1,2 A series of questions and observations are outlined to improve emotional intelligence awareness and enhance the utilization of emotional intelligence skills in interviewing processes. Results: Criminal investigative organizations and investigators may benefit from the development and utilization of behaviors attributed to emotional intelligence, and the application of emotional intelligence skills can enhance investigative interviewing skills and outcomes. Keywords: Investigation, Interviewing, Emotional Intelligence
Goleman, D. Emotional intelligence: perspectives on a theory of performance. In: C. Chermiss & D. Goleman (eds.). The Emotionally Intelligent Workplace. San Francisco, California: Jossey-Bass; 2001.
Boyatzis, R., Goleman, D., and Rhee, K.. Clustering competence in emotional intelligence: insights from the emotional competence inventory (ECI). In: R. Bar-On & J.D.A. Parker (eds.). Handbook of Emotional Intelligence. San Francisco: Jossey-Bass; 2000.
Evans, G. and Webb, M. High profile - but not that high profile: interviewing of young persons. In: E. Shepherd (ed). Aspects of Police Interviewing. Leicester: British Psychological Society; 1993.
Williams, J.W. Interrogating justice: a critical analysis of the police interrogation and its role in the criminal justice process. Canadian Journal of Criminology. 2000;42(2):209-240.
Einspahr, O. The Interview Challenge: Mike Simmen versus the FBI. FBI Law Enforcement Bulletin. 2000;69 (4):16-20.
Euale, J. & Turtle, J. Interviewing and Investigation. Canada: Emond Montgomery Publications; 1998.
Maguire, M. Criminal investigation and crime control. In: T. Newburn (ed) Handbook of Policing. Cullompton: Willan Publishing; 2003.
Miranda v. Arizona. 384 U.S. 436, 1966:501.
Clarke, C. & Milne, R. National evaluation of the PEACE investigative interviewing course. (Report No. PRSA/149). London: Home Office; 2001.
Bull, R. and Cherryman, J. Helping to identify skills gaps in specialist investigative interviewing: Literature review. London: Home Office; 1995.
Yeschke, C.L. The Art of Investigative Interviewing - A Human Approach to Testimonial Evidence (2nd ed). Boston: Butterworth-Heinemann; 2003.
McConville, M., Sanders, A. & Leng, R. The case for the prosecution: police suspects and the construction of criminality. London: Routledge; 1991.
Baldwin, J. Video-taping of police interviews with suspects - an evaluation. (Police Research Series: Paper No.1). London: Home Office; 1992.
Moston, S., Stephenson, G. & Williamson, T. (1992). The effects of case characteristics on suspect behaviour during police questioning. British Journal of Criminology. 1992;32:23-40.
Cherryman, J. & Bull, R. Reflections on investigative interviewing. In: F. Leishman, B. Loveday, & S. Savage, (Eds.) Core Issues in Policing (2nd ed). London: Longman; 2000.
Stockdale, J.E. Management and supervision of police interviews. Police Research Group. Home Office: London; 1993.
Ede, R. & Shepherd, E. Active Defence (2nd ed). London: Law Society Publishing; 2000.
Daniell, C. The truth â€“ The whole truth and nothing but the truth? An analysis of witness interviews and statements. Unpublished dissertation. University of Plymouth; 1999.
McLean, M. Quality investigation? Police interviewing of witnesses. Medicine, Science and the Law. 1995;35:116-122.
Milne, R. and Shaw, G. Obtaining witness statements: Best practice and proposals for innovation. Medicine, Science and the Law. 1999;39:127-138.
Milne, R. & Bull, R. Investigative Interviewing: Psychology and Practice. Chichester: John Wiley and Sons Ltd.; 1999.
Shepherd, E. & Kite, F. Teach â€˜em to talk. Policing. 1989;5:33-47.
Morgan, C. Focused Interviewing. Canada: Trafford Publishing; 1999.
Gudjonsson, G. The Psychology of Interrogations, Confessions and Testimony. Chichester: Wiley; 1992.
Baldwin, J. Police interrogation: what are the rules of the game? In: D. Morgan and G. Stephenson (Eds) Suspicion and Silence: The Right to Silence in Criminal Investigations. London: Blackstone; 1994.
Memon, A., Milne, R., Holley, A., Bull, R. & Koehnken, G. (1994). Towards understanding the effects of interviewer training in evaluating the cognitive interview. Applied Cognitive Psychology. 1994;8:641-659.
Williamson, T. From interrogation to investigative interviewing: strategic trends in police questioning. Journal of Community and Applied Social Psychology.1994;89-99.
Ord, B., Shaw, G. & Green, T. Investigative Interviewing Explained. LexisNexis Australia: Butterworths; 2004.
McGurk, B.J., Carr, M.J. & McGurk, D. Investigative Interviewing Courses for Police Officers: An Evaluation. (Police Research Series: Paper No.4). London: Home Office; 1993.
Milne, B., Shaw, G., & Bull, R. Investigative interviewing: The role of research. In: Carson, D., Milne, Pakes, F., Shalev, K., and Shawyer, A. (eds.). Applying Psychology to Criminal Justice. Chichester: Wiley; 2007:65-80.
Walsh, D. and Milne, R. Keeping the Peace? A study of investigative interviewing practices in the public sector. Legal and Criminal Psychology. 2008;13(1):39-57.
Clarke, C., Milne, R., & Bull, R. Interviewing suspects of crime: The impact of PEACE training, supervision and the presence of a legal advisor. Journal of Investigative Psychology and Offender Profiling. 2011;8(2):149-162.
Walsh, D. and Bull, R. Examining rapport in investigative interviews with suspects: Does its building and maintenance work? Journal of Police and Criminal Psychology. 2012;27(1):73-84.
Abbe, A. and Brandon, S. E. The role of rapport in investigative interviewing: A review. Journal of Investigative Psychology and Offender Profiling. 2013;10(3):237-249.
Williamson, T. Review and prospect. In Eric Shepherd (ed) Aspects of police interviewing. Issues in Criminological and Legal Psychology. 1993;18:57-59.
Swanson, C.R., Chamelin, N.C. & Territo, L. Criminal Investigation. United States: McGraw-Hill Higher Education; 2002.
Wicklander, D.E. & Zulawski, D.E. Interview and Interrogation Techniques - A Training Course. Illinois:Wicklander - Zulawski and Associates, Inc.; 2003.
Mayer, J.D., Salovey, P. and Caruso, D.R. Emotional intelligence: new ability or eclectic traits. American Psychologist. 2008;63(6):503-517.
Payne, W.L. A study of emotion: developing emotional intelligence; self integration; relating to fear, pain and desire. Dissertation Abstracts International. University microfilms No. AAC 8605928. 1985; 47:203A.
Salovey, P. and Mayer, J. Emotional intelligence. Imagination, Cognition and Personality. 1990;9:185-211.
Bradberry, T. and Greaves, J. The Emotional Intelligence Quickbook. San Diego, California: Talentsmart; 2003.
Salovey, P. and Grewal, D. The science of emotional intelligence. Current Directions in Psychological Science. 2005;14:281-285.
Petrides, K.V., Pita, R. and Kokkinaki, F. The location of trait emotional intelligence in personality factor space. British Journal of Psychology. 2007;98:273-289.
Goleman, D. Emotional Intelligence. New York, New York: Bantam Books; 1995.
Hess, J.D. and Bacigalupo, A.C. Enhancing decisions and decision-making processes through the application of emotional intelligence skills. Management Decision. 2011;49(5):710-721.
Hess, J. D. Enhancing innovation processes through the application of emotional Intelligence skills. Review Pub Administration Manag. 2014:2 (143):2.
Hess, J.D. and Bacigalupo, A.C. Enhancing management problem-solving processes through the application of emotional intelligence skills. Journal of Management. 2014:2(3):1-17.
Hess, J.D. and Benjamin, B.A. Utilizing emotional intelligence skills to enhance leadership and resilience-building processes. Journal of Global Economics, Management and Business Research. 2015;2(3):113-128.
Milne, R. & Bull, R. Interviewing by the police. In: D. Carson & R. Bull (eds). Handbook of Psychology in Legal Contexts. Chichester: John Wiley & Sons; 2003.
Shepherd, E. Ethical interviewing. Policing. 1991;7(1):42-60.
Bazerman, M. and Malhorta, D. Itâ€™s not intuitive: strategies for negotiating more rationally. Negotiation. 2006;9(5).
Mayer, J, and Caruso, D. The effective leader: understanding and applying emotional intelligence. Ivey Business Journal. November-December (Reprint # 9B02TF10). 2002:1-5.
Huy, Quy N. Emotional capability, emotional intelligence and radical change. Academy of Management Review. 1999;24(2):325-345.
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