Thursday, November 10, 2016

Statement Analysis In Court

Statement Analysis, like its electronic partner, the polygraph, is not admissible in court.  Neither a Statement Analyst, nor a Polygraph Examiner is considered a "court testimony expert" for judicial purposes. 

The polygraph is not administered in court, yet it is used at the highest levels of government to protect our leaders.  These are leaders of whom money is no limit or barrier to their security and safety. 

Statement Analysis is 'linguistic evidence' but it is not "court evidence" of its own accord.  

When a polygraph is administered using the subject's own words with the avoidance of linguistic contamination it is full proof.  

I have testified, many times, both "to" and "with" statement analysis.  In fact, it is something that is inescapable.  This means:  we all use statement analysis when we communicate and when under oath, leaving the question only to be how effect or accurate is our usage. 

For example, when Dennis DeChaine took the stand in his own defense on the charge of killing 13 year old Sara Cherry, DeChaine had claimed that he was alone in the woods, having taken drugs, and having lost his fishing pole and equipment.  In the course of his testimony, the legally sound questions of "What happened?" and "What happened, next?" were administered.  

DeChaine said that he was alone and had never seen the victim until her photo was in the newspapers.   While recounting his story he said he stood admiring the "deciduous trees" but got up ("stood") because "we were losing daylight."

"...we were losing daylight."  

The prosecutor caught the use of the pronoun "we" by him and asked for explanation in light of his claim to have been alone.  In doing so, he used a most typical tool within statement analysis:  focusing upon pronouns.  The next day the defense countered with the explanation that the use of "we" was not to indicate plurality, but "universal" usage of the word, meaning that while deep in the woods alone, he was thinking of how he and everyone else was losing daylight, similar to "we had snow that day."

The jury did not accept this explanation and he was convicted of the murder of the child. 

I have testified under oath as to Statement Analysis usage and simply reported to having "believed what I was told" including stating, "I interviewed him for more than 2 and 1/2 hours.  At no time did he tell me he did not assault the victim. "

This was met with, 

"So what does that tell you?"

I have answered:   "If he cannot say he didn't do it, I don't not say it for him."

This is most often countered by a defense attorney asking,

"But isn't it possible...?"

I simply answer, "I don't address possibilities; they are infinite in number."  Sometimes, if pressed, I follow it by "I deal with probabilities."

Many years ago, a  judge taught me how to word this.  At times, I have quoted various studies, including referring to the Supreme Court decision on the Reid techniques but mostly refer back to 'common sense' listening.  It is very frustrating for a defense attorney to hear me say "I believe what your client told me."  

In the sense of being guided in an investigation, "linguistic evidence" is powerful.  When someone speaks, they may give away:

a.  That they did it
b.  When they did it
c.  How they did it
d.  Why they did it

Picture yourself knowing these details before the investigation gets underway.  It is a powerful tool to guide an investigation, saving time and bringing it into focus.  When someone says "we", I believe them.  Pronouns are instinctive for us. 

Yet, proving in court beyond a reasonable doubt (or 'preponderance' in civil) is where the unending and appropriate battle between investigators and prosecutors exists.  

With the absence of a body in a murder case, for example, prosecutors are in a very difficult position.  

They want justice. 
They often believe the investigators, personally, but fear being able to prove it in court. 

Some fear due to genuine lack of tangible or forensic evidence.  This is appropriate and "professional" fear.  Some fear due to their own lack of confidence, while some fear due to the prowess of a high powered private attorney.  Demonizing the prosecutor is easy, and competence versus incompetence exists in every profession. Each one of us has to battle our own levels of confidence.  

The investigator who now knows who did it, must concentrate upon building the evidence that supports the contention.  With Statement Analysis often running at or near 100% accuracy, it still does not prove anything in court. 

We know, for example, that after thousands of polygraph results examined, that as humans, recall works chronologically, and when one uses the verb "left" (meaning:  departed) unnecessarily, the chronological progression of recall has been 'stalled' or even stopped.  This is a strong indication of missing information in the sentence.  It is here that we focus our questions to learn what content has been withheld.  

It is not court evidence, but it is 'linguistic evidence' that guides the interviewer as to what caused the pause in chronological movement within a statement.  Was it due to time constraints, such as facing traffic?  Or, did something happen just prior to this moment in the statement that is critical to the investigation?

When a subject uses this word "left" *unnecessarily, it is an indication of missing information.  

When the subject uses it twice, very close together, we now may conclude that the missing information is vital.  

Vital.

It "proves" nothing in court, but "everything" in analysis.  

In fact, it is rare to see this 'double left' and we consider the psychology behind it:  the subject simply cannot 'move past' this period of time. When it does show up, it is most likely to be in a homicide in which the killer had a close relationship to his victim.  

In the statement, it is to give the investigator/interviewer the precise area in which to concentrate his questions, including repetitive questions.  

Statement Analysis is not admissible in court, and holds no "expert status" legally. 

It is, however, something every listening person uses, leaving only the question:

How well do you intend to use it? 

Q.  What is most produced by Statement Analysis for success in courts?

A.   The Confession 


***************************************************

From federal to state to local; from investigators to business professionals to Human Resources; from therapists to attorneys to journalists, sales, security, and bloggers,  the application of concerted study is invaluable.  

It will improve your work, provide traction for your career, and strengthen your resume for your own future.  



20 comments:

lynda said...

Peter..What would be an example of the "left" said twice closely together?

John mcgowan said...
This comment has been removed by the author.
John mcgowan said...

OT:

This really uncomfortable viewing.

President Obama Calls Conversation With Donald Trump 'Excellent'

President Barack Obama called his conversation today with President-elect Donald Trump excellent.

The two spent roughly an hour and a half together in the Oval Office. Obama invited his successor in order to facilitate a "successful transition between our presidencies."

"As I said last night my No. 1 priority in coming two months is trying to facilitate, transition that ensures our president-elect is successful," Obama said. "I have been very encouraged by the, I think, interest in President-elect Trump’s wanting to work with my team around many of the issues that this great country faces. And I believe that it is important for all of us, regardless of party, and regardless of political preferences to now come together, to work together."

Obama said the two spoke about organizational issues, as well as foreign and domestic policy.

"I want to emphasize to you as president-elect," Obama said, speaking directly to Trump, "that we are now going to want to do everything to help you succeed because if you succeed the country succeeds."

This is the first time Obama and Trump have met face-to-face, according to a White House official. Their last interaction was at the White House Correspondents' Association dinner in 2011, when Obama relentlessly mocked Trump, who had then been fanning the flames of the so-called "birther" conspiracy.

White House Chief of Staff Denis McDonough was spotted with Trump's son-in-law Jared Kushner in the Rose Garden during the meeting.

First lady Michelle Obama and future first lady Melania Trump met in the White House residence while their husbands sat together in the Oval Office. This was Mrs. Trump's first trip to the White House, but not her husband's, who visited in November 1987 for a reception for members of the "Friends of Art and Preservation in Embassies" Foundation, and also in 1985 with his first wife Ivanka for a state dinner for King Fahd of Saudi Arabia.

During remarks in the Rose Garden Wednesday, Obama said he was "heartened" by what he heard from the future president in his remarks early Wednesday morning and when they spoke on the phone.


"Now, everybody is sad when their side loses an election. But the day after, we have to remember that we’re actually all on one team. This is an intramural scrimmage. We’re not Democrats first. We're not Republicans first. We are Americans first," he said. "We’re patriots first. We all want what’s best for this country. That’s what I heard in Mr. Trump’s remarks last night. That's what I heard when I spoke to him directly. And I was heartened by that," Obama said.

"That's what the country needs -- a sense of unity; a sense of inclusion,; a respect for our institutions, our way of life, rule of law; and a respect for each other. I hope that he maintains that spirit throughout this transition, and I certainly hope that’s how his presidency has a chance to begin," he added.

John mcgowan said...

Obama invited Trump to the White House during that early morning call Wednesday, after monitoring the election results from the residence.

During Wednesday's press briefing, Press Secretary Josh Earnest rejected the idea that the meeting would occur under an air of insincerity given their criticisms of each other on the campaign trail.

"No, to be blunt. The president is quite sincere about fulfilling the basic responsibility that he has to the American people and our democracy to ensure a smooth transition to the next presidency," Earnest said.

"I'm not saying it's going to be an easy meeting, but the president is deeply sincere about fulfilling this responsibility," he said.

Trump will now head to Capitol Hill to meet with Speaker of the House Paul Ryan.

http://abcnews.go.com/Politics/obama-trump-meet-white-house/story?id=43428402

Note the eye contact when they shake hands at the end. Trump doesn't look at him.

Anonymous said...

Trump seems so humbled ever since the election. I even wonder if he was surprised he won. Knowing him (I don't know him personally), I'll bet he wants to go down in history as a really really good President.

Anonymous said...

It is quite amazing and remarkable to witness the dignified and peaceful transfer of power we have in America.

Anonymous said...

Statement by WH spokesperson
"As you know, the president has offered clemency to a substantial number of Americans who were previously serving time in federal prisons, and we didn't talk in advance about the president's plans to offer clemency to any of those individuals,"
Also
"We don't talk about the president's thinking… with respect to any particular cases that may apply to any pardons or commutations,"

Can people comment on his language, or any indicators of whether BO is leaning toward a pardon?
SLH

Nic said...

John @ 1:31pm,

"I have been very encouraged by the, I think, interest in President-elect Trump’s wanting to work with my team around many of the issues that this great country faces."

I caught that, too. Much distancing, right down to the apostrophe on Trump.

Bobcat said...

Anon @ 2:29,

Yes. The weight of the job ahead is heavy, and political stuff is nasty. Really nasty.

Anonymous said...

I just realized it was a year ago today that Amanda Blackburn was shot in her home. November 10, 2015.

rjb said...

Peter,

One of my Facebook friends shared this today and I would like to hear your opinion of its veracity. The language seems off to me, beginning with the missing pronoun in the first sentence.

*********
Ashley Boyer feeling angry.
14 hrs ·
Just experienced one of the WORST THINGS in my entire life!!! While pumping gas, I had a vehicle pull up beside me...out jumps 4 males...all of whom are Caucasian...they then proceed to talk about the election and how they're glad they won't have to deal with niggers much longer...now me being by myself, I just kept quiet...until one walked over to me...and said, "how scared are u, u black bitch??? I should just kill u right now...you're a waste of air!" Still, I said nun...I kept my head down...he then proceeds to say, "what, are u deaf or something u nigger??" Then another guy steps out and shows me his firearm...he says, "you're lucky there's witnesses or else I'd shoot u right here"...by now there's tears...full blown tears...they leave...I have called the police, but I am shaken...upset...and confused...is this what America is going to be like from here on out??!!

Anonymous said...

Saudi Prince Who Called Trump a “Disgrace” – Kisses Trump’s Butt Today

Jim Hoft Nov 9th, 2016 3:04 pm 415 Comments
In December 2015 Saudi Prince Alwaleed bin Talal slammed Donald Trump for proposing a ban on Muslim immigrants in the US until the government could alleviate security concerns.

Prince Alwaleed called Donald Trump a “disgrace” for his popular plan.


Donald Trump responded to attacks.


Trump was right.
Saudi Arabia has banned Syrian immigrants from its country due to security concerns.

Today Prince Alwaleed kissed Trump’s a$$.

Habundia said...

I camme upon this statement of patsy ramseys sister.
Quote: “I don’t think she ever worried too much about the JonBen√©t thing, She knew what the truth was. We all knew what the truth was. And now, she knows the whole truth.”
It's just a strange statement when police are looking for a perpetrator of this crime.....and still are after 16 years....but "we all knew what the truth was."

Thought it was a good learning tool, because of way it was said.
Anyone who wants to analyse it?

Anonymous said...

I think she means their "truth" that the family is innocent.

I find it more disturbing that her sister minimized the crime by referring to it as "the jonbenet THING".

How would one read into that? Especially considering her and Patsy's upbringing.

Anonymous said...

Please do an analysis of the Baylor girl who said she was shoved off of a sidewalk. #iwalkwithnatasha feels as fabricated as the UAlbany hoax.

Anonymous said...

nonymous said...
Please do an analysis of the Baylor girl who said she was shoved off of a sidewalk. #iwalkwithnatasha feels as fabricated as the UAlbany hoax.
November 23, 2016 at 10:58 AM



do you have a statement ?

Anonymous said...

yay do that one you know the one with the video proving it really happened ha ha

someone does not like this blog!!

Sustained said...

Ashley Boyer feeling angry.
14 hrs ·
Just experienced one of the WORST THINGS in my entire life!!! While pumping gas, I had a vehicle pull up beside me...out jumps 4 males...all of whom are Caucasian...they then proceed to talk about the election and how they're glad they won't have to deal with niggers much longer...now me being by myself, I just kept quiet...until one walked over to me...and said, "how scared are u, u black bitch??? I should just kill u right now...you're a waste of air!" Still, I said nun...I kept my head down...he then proceeds to say, "what, are u deaf or something u nigger??" Then another guy steps out and shows me his firearm...he says, "you're lucky there's witnesses or else I'd shoot u right here"...by now there's tears...full blown tears...they leave...I have called the police, but I am shaken...upset...and confused...is this what America is going to be like from here on out??!!




this one has already been outed as fake maybe she is the graffiti artist from canada?

Anonymous said...

Even better, her video recount of her story that went viral: https://www.washingtonpost.com/amphtml/news/grade-point/wp/2016/11/14/a-baylor-student-was-shoved-and-called-the-n-word-this-is-how-the-school-responded/

Anonymous said...

What story are you talking about?