Michael Johnson - SCCE Official Site€¦ · But remember there’s no such thing as...

Copyright 2014, Clear Law Institute, www.ClearLawInstitute.com

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Lie Detection for Compliance and Ethics Professionals

Michael W. Johnson, Esq., Clear Law Institute

[email protected]

(703) 312‐9440

www.ClearLawInstitute.com

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About Michael Johnson

CEO of Clear Law Institute

Former attorney in the US Department of Justice

Has provided investigations seminars for dozens of organizations, including Google, the United Nations, and the EEOC

Graduate of Duke University and Harvard Law School


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Overview

How to examine credibility in internal investigations

Common errors in lie detectionScientifically‐validated cues to deception

Investigations


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Scenario

Jennifer’s assistant, Tony, complains that Jennifer frequently makes sexual comments to him at work. Tony also alleges that last week Jennifer tried to kiss him in her office. Jennifer denies the allegations completely. You investigate the matter and you believe that Tony is being truthful. However, you can find no eyewitnesses to support Tony’s allegations.

Could the employer legitimately conclude that Jennifer is guilty and discipline her?

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Why try to reach a conclusion even in “he said/she” cases?

What message do you send to potential victims or whistleblowers?

What message do you send to potential wrongdoers?

But what if I get sued?


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Credibility Assessment Factors

Corroboration

Motive to falsify

Past record

Content of the story and how the story is told

Behavior and statements during the interview

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Polling Question: Are you good at detecting lies?

I believe I can correctly identify if a person is lying the following percentage of time:

a) 25%

b) 50%

c) 75%

d) 90%

e) 100%


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Police interview of a murder suspect

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Did Kevin show any “cues” to deception?

If so, what were they?


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Polling Question: Kevin is:

A. Innocent

B. Guilty

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Polling Question: Which are reliable predictors of deception?

a) Gaze aversion (person stops looking you in the eye)

b) Person is fidgety

c) Places hand over mouth when speaking

d) All of the above

e) None of the above


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Examining “cues to deception”

We tend to pay attention to “cues to deception”that have not been scientifically validated and are not reliable predictors of lying

Three factors that impact cues to deception

Emotion

Cognitive Effort

Attempted Behavioral Control

Example: Gaze aversion

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Questions

The average person can correctly spot what percentage of lies?

People who have received training on common techniques used by many law enforcement officers to spot deception can correctly spot what percentage of lies?

People do better at spotting lies by just hearing the person or by both hearing and seeing the person

The average person does better at spotting lies in person or by reading a transcript?


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Common Errors in Lie Detection

Poor interviewing style

“Othello” Error

Confirmation Bias

Showing the witness that you are suspicious

Not letting the witness talk!

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Guidelines for examining verbal and non‐verbal behaviors

Look only for cues that have been scientifically tested and shown to occur more often by liars than truth tellers

But remember there’s no such thing as “Pinocchio’s nose”

When you spot a cue or especially a cluster of cues

Can alert you to probe further on the topic

Ultimately could be part or your overall credibility determination


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Non‐verbal cues to deception

Being fidgety

Liars tend to be less fidgety. They make fewer leg and foot movements.

Illustrators

Liars tend to use fewer illustrators (arm, hand, finger movements to illustrate what they are saying)?

Neuro‐Linguistic Programming

No empirical support for the belief that liars are more likely to look up and to the right

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Is anything suspicious about these responses?

Q: Alice, have you ever run your fingers through Ronald’s hair?

A: Not that I recall.

Q: Henry, have you ever told an ethnic joke in the workplace?

A: Not really. Speaking of jokes, you should hear the ethnic jokes that Todd and Mark tell around here.


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Drew Peterson

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Verbal content hot spots from Drew Peterson video

Qualifiers

Illogical inconsistencies

Indirect responses



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Congressman Anthony Weiner

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Verbal content cues to deception from Weiner video

Indirect responses

Using passive voice instead of active voice

Avoiding use of first person pronouns (I, me)



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Verbal cues to deception. Liars tend to:

Provide shorter responses

Provide less detail

Fail to elaborate with more detail when asked

Pause longer before answering questions

Repeat words and phrases more

Speak in a slower, carefully crafted manner

Speak in a higher pitched voice (though this could just be a sign of stress or fear)

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Criteria‐Based Content Analysis (“CBCA”)

Tool for detecting truthfulness, not deception

Can be particularly helpful in an interview of an alleged victim (of harassment, for example) where the accused denies the event occurred

Some possible indicators of truthfulness in the manner in which person tells their story

Unstructured production

Statement rich in details

Reproduction of conversations



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Advanced Interviewing Techniques

Researchers have found some techniques that can be used in certain types of cases allow investigators to better differentiate between truthful and deceptive witnesses

Reverse‐order storytelling

Unanticipated questions (especially those related to time and space)

Asking for a drawing

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Free book chapter and webinar

For free access to a book chapter and webinar on detecting deception ($199 value), please:

Email [email protected]

or

Text 202‐550‐1460



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Questions?

Michael Johnson

CEO

Clear Law Institute

[email protected]

703‐312‐9440

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