Evaluate the claim "we can predict who will become a criminal"
Sharonhy
Workshop2-NonverbalBehaviour.pptxCriminal Behaviour CRM203
Workshop 2: Nonverbal Behaviour
Please remember to engage on the LMS forums
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Questions before we begin
Is body language a science?
Should body language be used in interrogations (i.e., Behavioural Analysis Interview of the Reid Technique)
If it is not a science, should we make it one?
Is statement analysis a science?
Should it be allowed in the judicial system?
If it’s not a science, should we make it one?
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Let’s play a game…
Split into smaller groups (or elect someone to take over the screen, or the lecturer leads this)
The speaker makes 5 statements about themselves
1 of the statements must be a lie
WHICH IS THE LIE? (pay attention, then make notes on why you think that)
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Background
Some background – essentially to show there is some ‘science’ to body language… but there’s a lot of art, too
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Lecture Overview
The Science of Body Language
The Art of Body language
Lie detection
Statement Analysis
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Science vs Art
Art
Science
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The scientific method
Experimental
I’m going to suggest that ‘science’ has it backwards when it comes to body language. Too often, we try to ‘reduce’ the complex world to simple variables in a lab. On top of this, we test ‘participants’ (students, usually tired and disinterested). Is it any wonder that results do not replicate reality?
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The scientific method
PNAS: Proceedings of the National Academy of Sciences
Example of a VERY high level publication, PNAS is very high impact factor, widely respected. Yet look at the stimuli they used. Can we really infer anything about the real world from this? And if we cannot, then what use are we in the real world?
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The woes of research and application
Highly motivated liar – stakes high if caught
Highly motivated assessor
Poorly motivated assessor
Good lie detection
Poor lie detection
Poorly motivated liar – stakes low if caught
Highly motivated assessor
Poorly motivated assessor
Poor lie detection
Poor lie detection
If studies are not based on real people, who face real consequences from lying… how ‘good’ are they?
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The Art…
What is NonVerbal Communication (NVC)
Eyes
Face
Body
Remember
Attempting to read everything about someone from one tell, is like trying to reach a destination with one signpost!
This makes scholars and academics scared. They see art and immediately want to defend themselves as scientists – in doing so, they may alienate themselves from the very thing they wish to study
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Nonverbal Communication
Facial expressions
Tone of voice
Movement
Appearance
Eye contact
Gestures
Posture
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[VALUE] NVC Verbal 0.7 0.3
The eyes…
Gaze behaviour
Accessing directions
Lies
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Accessing Behaviours
Myth vs Reality?
Left
is
Lying
Right
is
Recalled
Visual
Auditory
Feelings
Visual
Auditory
Feelings
Accessing behaviours are widely regarded as ‘hocus pocus’ and not real, and in the vast majority of cases this appears true.. Of course, “the vast majority of cases” involves students in labs… whether or to what degree a person exhibits accessing cues may be an individual difference (akin to some people cracking knuckles, or shuffling hands, or tapping their feet).
SPEND 10minutes going back through your videos of liars, and see if you can catch their eye moments. If you cannot, then find videos online (of real criminals!) and focus on their eyes.
IF YOU DON’T HAVE A VIDEO OF A LIAR YET, SHARE SOMEONE ELSES, and/or find one
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Try it yourself
Watch through videos of real criminals lying
See if you can spot some of the ‘tells’
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The face
Emotions
Micro-expressions / slips
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The face
Facial expressions portray emotions
Universal?
New Guinea, 1968, locals read a story and asked to express emotions… American students asked to interpret expressions…
Happiness
Sadness
Anger
Disgust
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The face
Joe is an ex-FBI agent, and a good friend. We’ve published papers together
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Lie to me Microexpressions
This receives a lot of bad publicity (I too have written papers against this). For the most part, microexpressions are useless in applied, daily terms- because we cannot see them.. But.. They’re just another indicator, another tool – and should not be entirely ignored, always
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2
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2
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Microexpression ‘science’
Over 50 experts in body language came together to write an article on the state of the discipline.
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The other case has been removed
(it will be posted in future lectures….)
“Someone (broke in and) murdered our daughter”
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The Body
Congruence is key
If you want someone to agree – nod your head
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The Body
Comforters / manipulators
REMEMBER CONTEXT
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The Body
Comforters / manipulators
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The Body
Comforters / manipulators
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Lie Detection
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Lie Detection
Individual differences (Ekman et al., 1999)
NO SINGLE INDICATOR
Need baseline behaviour
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Lie Detection
Problems in detecting lies:
Monitoring all aspects of what a possible liar is doing – verbal and nonverbal
Context: comforters/manipulators = lying or anxiety?
Emotion can be misread
Timing is important (could they plan? Are they trained? Are they natural?)
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Lie Detection
Tells (false emotion):
Asymmetrical facial indicators (Chirality)
Negative emotions without sweating, change in breathing, or manipulators = lies (mostly)
Emotional expression should match verbal expression
Fear/sadness = forehead and eyebrows (missing = false)
Onset not too abrupt
Happiness needs Duchenne lines
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Time to test you…
President clinton
Was Clinton lying?
Statement Analysis
“I did not have sexual relations…”
“I never told anybody to lie, not a single time, never”
“These allegations are false”
None of these are lies
IT’S NOT ALL ABOUT BODY LANGUAGE! The important thing to remember about body language research, is that if the individual is not lying (or if they honestly believe their lie), then their body language will NOT show any signs of deception!
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Statement Analysis
January 21st, 1998; PBSs News Hour
Lehrer: “You had no sexual relationship with this young woman?”
Clinton: “There is not a sexual relationship – that is accurate”
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It’s not all about the body…
The important thing to remember about body language research, is that if the individual is not lying (or if they honestly believe their lie), then their body language will NOT show any signs of deception!
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Statement Analysis The basics
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Statement Analysis
Most people try to avoid lying (even/especially guilty people)
Why lie (and risk being caught), if you can re-word the truth and avoid it
Compare
“I am innocent, I did not kill her”
to
“I’m not guilty, I didn’t do it”
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Case study: M. S.
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Statement Analysis
Background
40 year old lady (MS), mental age of 12
Statement: elderly male neighbour sexually assaulted her
Witnesses said they saw MS entering JBs house; but, they had difficulty believing “cat-loving” JB would do such a thing…
Police involved
Soon after, witnesses who reported seeing MS enter JB house started receiving threatening letters… all letters claimed to be from ‘friend’ of the suspect, that he (the suspect) did not rape MS
At the same time, JB wrote several letters making similar claims
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Statement Analysis
Known 1
“… i was arrested and charged with the rape of MS. I could not believe this as I am and was impotent”
Known 2
“… when i was arrested, i was firstly charged with raping MS, stated to the police that i could not rape anyone, as I was impotent, and had been since 1996”
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Statement Analysis
Unknown 1
“The good fortune is JB was able through solicitors, police forensics, and medical experts to prove 100% that he could not and did not rape or have unlawful sex, through his being Impotent and is and has been for five years or more”
Unknown 2
“Neither would have known that JB, was to enter hospital to have tests to prove that he is and was impotent”
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Statement Analysis
| TEXT | Projecting clause | Projected clause |
| K1 | I could not believe this | as I am and was impotent |
| K2 | I could not rape anyone | As I was impotent and had been since 1996 |
| U1 | JB was able… to prove… that he could not and did not rape | through his being impotent and is and has been for five years |
| U2 | Neither would know that JB | that he is and was impotent |
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Statement Analysis
The historical present tense in corpus results and internet searches
| String | Freq |
| was and is | 60 |
| is and was | 2 |
| am and was | 1 |
| was and am | 0 |
| String | Freq |
| I was and am | 155,000 |
| I am and was | 20,600 |
| He was and is | 174,000 |
| He is and was | 21,300 |
| She was and is | 55,100 |
| She is and was | 727 |
| We were and are | 50,300 |
| We are and were | 904 |
| They were and are | 122,000 |
| They are and were | 31,800 |
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Verdict?
Use this for discussion.
If you want to keep the debate going, you could ask what other factors the students would want to know, to better inform the judgement
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Case: Chris Jerue
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Statement Analysis
Was Chris Jerue lying?
September 14th / 15th 1991
Frank Corly found murdered in apartment in Anchorage, Alaska
Within hours of finding body, Chris Jerue was a suspect
T.H. (female minor), acquaintance of Chris Jerue, explained to police CJs involvement
CJ and his friend Lavon S. (male minor) seen riding stolen bicycles from Corly’s home after his murder.
Police stopped them at store, found .22 revolver in possession of Lavon, T.H. ran into them at grocery store, cycled spare bike home, and en route CJ admitted to crime.
T.H. testimony: CJ has admitted “we shot somebody”
Police made T.H. phone CJ and attempt a further confession
No admissions by CJ, but did ask T.H. “not to say anything to anyone about it”
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Statement Analysis
Not satisfied with T.H.s call, another friend (Jennifer Wilson) asked to visit CJ, wearing a hidden microphone
Jennifer persistently asks “Why did you have to kill him?”
CJ states the victim was “a faggot who tried to hit on them” and Lavon S. had a gun and shot him.
CJ admits to robbing Corly afterward
Jennifer: “I cannot believe you guys killed somebody” CJ: “Hey, he did it, I didn’t do shit”
Police arrested CJ and Lavon
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Statement Analysis
Police efforts to get CJ to admit to planning the murder were couched in the verb ‘to know’
“You already knew what you were gonna do when you went back over to the apartment?” “you knew that before you even went back over there, right?” “you knew what you were gonna do before you even got there. Both you and Lavon”
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Statement Analysis
The verb know has several meanings
To have understanding of or be acquainted with
To have experienced
To be acquainted with
To be aware of the truth of factuality of
To be convinced or certain
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Statement Analysis
But, you can also say “I know that Matt Damon wasn’t right for me”, or, “I know that Rich Froning loves me”
Such statements connote more than the dictionary meanings; they indicate predictions, suspicions, or speculations
CJs response: “no” “yeah, but I didn’t know he was gonna shoot him though” “we didn’t plan to kill him when we were goin’ over there”
Clear denial
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Statement Analysis
Interrogator’s Qs
CJs Response
1. You guys
intended to go over there and kill him, didn’t you?
No, we didn’t plan to kill him
at all
2. But it was an understanding and a plan between the two of you for
him to do it, right?
Yeah
3. You both planned it
–
before
–
up
to 2 hours before you and Lavon
actually shot him, you both planned on
shootin
’ him, right?
Right
4. Ok,
that’s what we thought, and you just had to kill him to rip his stuff
off
No, we were
gonna
hold him at
gunpoint, that’s
what I thought
5. But about 2 hours before he actually shot him is when he changed
your
mind and decided to shoot him, right?
Right
6. Then, if I understand
you right, you guys changed your mind from
robbin
’ him to
shootin
’ him about hours before he actually shot him,
right?
Yeah, about that, yeah
7. That’s when both of you changed
your mind, you both agreed on it at
that point, right?
Right
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Statement Analysis
At this point, things look bleak for CJ
Denied ‘intended’ but agreed on a plan…
… but what is ‘it’
CJ jumps back and forth between admitting and denying – why?
Q5 – difficult to know what CJ was replying to: “he changed your mind and decided to shoot him” – interpreted as “he changed his mind and decided to shoot him”
Evidence for this reading bolstered by officer’s omission of any possessive pronoun at all before ‘decided’.
Also unclear who (he or you) “decided to shoot him”
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Statement Analysis
| Interrogator’s Qs | CJs Response |
| 1. You both intended to kill him | No |
| 2. You both planned to do it | Yeah |
| 3. You both planned it 2 hours before Lavon shot him | Yeah |
| 4. You had to kill him to rob him | No |
| 5. Two hours before he changed your mind and decided to shoot him | Right |
| 6. You guys changed your mind 2 hours before he shot him | Yeah, about that |
| 7. You changed your mind, both agreed on it, at that point | Right |
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Statement Analysis
Q1 and Q4 focus on ‘kill’ and CJ strongly denies
Q2, 3, 7 focus on it and time reference, CJ is affirmative
Seems CJ is giving contradictory statements – but careful examination shows otherwise
Interrogator: 1 (kill) no; replace with ‘do it’ yes; do it (time focus) yes; kill no; do it (time focus) yes; do it (time focus) yes
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Statement Analysis
Q5 is the ‘problem’ sentence “he changed your mind and decided to shoot him”
Emphasis on ‘he’, and whatever significance CJ put on ‘changed your mind’ the emphasis of ‘he’ and ‘decided to shoot him’ is indisputable
The sentence becomes a complicated “he… decided to shoot him”
CJs ‘yes set’ is about the time (2 hours) and that he (Lavon) decided to shoot him
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Statement Analysis
Q6 attempts to clarify this ambiguity “you guys changed your mind”
Unfortunately, the “about 2 hours before he actually shot him” –means CJ responded to that part: “yeah, about that, yeah” – more likely to follow a time questions
All evidence and advice suggests police ask simple questions, NOT compound, complex questions
Q7 rephrases Q6, but according to recency principle (responding to most recent proposition in a sequence), CJ is responding the 2 hours part
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Statement Analysis
CJs responses
Yes to time focus
Yes to plan to rob (“it”)
No to intend to kill
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2
3
4
5
6
7
???
Sequence of statements
| 6. You guys changed your mind 2 hours before he shot him | Yeah, about that |
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Verdict?
Use this for discussion.
If you want to keep the debate going, you could ask what other factors the students would want to know, to better inform the judgement
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Statement Analysis
CJ obviously guilt of many things (including robbery, and planning to rob)
Clearly not guilty of murder
Unclear if he planned to kill
CJ was penniless.
Prosecution used the interview evidence
He was convicted of aiding in the planned murder of Frank Corly
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Statement Analysis
This was a real-world case I am currently working on. This statement was made by the Father (whose young daughter was found murdered 2 days later)…
You could ask students to dissect/analyse this
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BSA and Interrogations
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Marono et al…
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Marono, Clarke, Navarro, & Keatley
Lying is more than just ‘a tell’
Joe Navarro suggested we need to look at ‘clusters’ of behaviours
We took that a step further (with Joe) and looked at the sequences of behaviours, within those clusters, IN REAL CRIMINALS
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Marono et al…
You can follow these around to see the behaviours exhibited as people lie… thicker lines means the ‘transition’ (link) between two behaviours is occurring more than we would expect to see by change.
THERE IS STILL LOTS TO DO HERE!
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Keatley, Marono, & Clarke (2018)
We wanted to look at police interrogations… so we went for ‘the big one’ – Brendan Dassey
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T-Pattern Analysis (Keatley, 2018)
This is just to tell students there are other more complex ways of doing these analyses – I will likely create a short 10minute help video for this
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Now,
Evaluate body language and statement analysis research – good? Bad? Split the group in 2 if possible (REMEMBER TO RE-START RECORDING WHEN THEY COME BACK TOGETHER)
Consider:
Are they useful? Why/why not?
Should they be allowed in judicial proceedings (from interview to courts?) why? Why not?
Should we be spending time improving the methods (if we cannot ‘get rid’ of them, should we at least be aiming to improve them?)
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Closing comments
Behaviour is extremely hard to predict
Behaviour is extremely hard to ‘read’
NEVER just focus on one ‘tell’
NEVER just focus on body language or verbal statements
Researchers are moving towards more scientific methods…
But it is not a science… (should it be?)
It’s a skill, and takes many, many, many…… many hours…
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