Nine steps to Guilty

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So, we return from our brief intermezzo in York Magistrates’ Court to the matter in hand: how, in the face of overwhelming odds, to get at the truth.

We’ve progressed from the inciting incident, through primitive attempts to beat or twist the tale out of people, to the first science-based monitoring of the signals inadvertently given out by a body under stress – a process which carries with it the rather less scientific assumption that heightened stress implies lying.

The road now takes us to Chicago, a city still bruised from the beatings led by its recently-deceased Chief of Police, one Jon Graham Burge, and native city of one John E. Reid.

John Reid started out ‘on the beat’, but also trained in using the polygraph. A physical giant of a man, he enthusiastically embraced the idea of telling an interrogee that they were lying – ‘The polygraph says you are lying’ – in order to put them under stress. Recall, the philosophy that lies behind polygraph use is that constructing a fake tale is more physically stressful than recounting the truth. The interrogee doesn’t get to see the traces and these days, with electronic displays instead of pens on rolls of paper, they can’t even use sound as a clue.

Reid used this particular gambit in a gruelling interrogation which culminated in the confession, by one Darrel Parker from Nebraska, to the murder of his wife, Nancy. Darrel Parker was found guilty at his trial, and sentenced to life imprisonment.

The successful case launched Reid’s career. He developed and polished the method, now adopted throughout the U.S.A., which still bears his name.

In the preliminary phase the interviewer simply chats, in a non-threatening way, with the suspect. From this they ‘calibrate’ their body language: how the interviewee looks when relaxed, under stress, or puzzled. Questions about the crime are then worked into the conversation, and signs of stress and lying are sought. One of these signs, quoted in the manual, has an almost superstitious ring to it: a person trying genuinely to recall an event will look up and to the right, whereas one lying will look down and to the left. No-one, as far as I know, has proven this scientifically, nor indeed specified whether it’s the other way round for left-handers.

We now come to the meat of Reid’s method. It takes us down nine steps:

  1. The interviewee, having been left alone for a time, is re-joined by the interviewer, who is now carrying an impressive-looking file. This file is said – or implied – to hold solid evidence of the interviewee’s guilt.
  2. ‘But you’re, kinda innocent’ – perhaps there’s some excuse for the crime, such as desperation, impaired judgement, or being ‘put up to it’ by someone else, the ‘real’ criminal. The interviewer watches or listens for signs that one of these get-outs resonates with the interviewee, while all the time…
  3. Stymieing any of their attempts to deny guilt altogether.
  4. By this time the interviewee will want to try and explain why, or how, they couldn’t possibly be the guilty party. They’ll do this because none of their outright denials will have been acknowledged. This might take some time. Two hours without food will take its subtle toll on most civilians, without being outright inhumane.
  5. At this point the interviewer has to appear to soften. The manual advises lowering position, approaching the interviewee; speaking quietly and appearing comforting. Using clues from the previous discussion, the interviewer can then…
  6. Present the interviewee with a ‘soft’ and a ‘hard’ version of why, or how, they committed the crime.
  7. By now the interviewee would have to muster quite some will-power to dismiss the entire conversation and revert to protesting their innocence. They may think all grounds for protest have been exhausted.
  8. Other people can now come in to the room, and the interviewer encourages the interviewee to confirm what has already been said.
  9. The interviewee signs their ‘confession’.

Most juries to this day regard a confession, more even than forensic or eyewitness evidence, as definitive proof of guilt.

Variations on the theme crossed the Atlantic to the United Kingdom in the seventies. I still remember a Police representative in a TV documentary from that time describing their interviews using the delightful English euphemism of ‘leading the criminal into a walled garden’ – note the implied assumption of guilt.

But there’s a twist to the tale.

Recalling ‘Frenchie’ (Byrnes’ first case), and then the mystery of the missing diamond ring among those comprehensively-polygraphed young women from Berkeley, can you guess what it might be, before peeking?

To crown it all, psychologists have now found that the only difference between a typical person and an ‘expert’ in determining whether someone is lying is the degree of confidence expressed in the result – not its accuracy. To reiterate: a psychology professor, a police inspector, and others whom you may think would have some secrets gleaned from a career of experience, are no better at detecting a new acquaintance’s porkies than you are.

The problem of ‘false positives’ – guilty confessions by innocent people – has not gone away. Here in the UK it has brought us the Guildford Four, the Birmingham Six, and a slew of other miscarriages of justice.

And compared with certain techniques developed on both sides during the Second World War, we have gone backwards – away from our Navy Base encounter with Kate.

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Intermezzo: See you in Court

York Magistrates’ Court is an impressive red sandstone edifice in busy Tower Street. Once you’ve trod the eleven wide steps of York stone and passed through a small, high-ceilinged lobby, you reach the main corridor via an airport-style bag-check and frisk.  The elaborate ceramic tiling here wouldn’t look out of place in a clean, tastefully-appointed Victorian public convenience. You’re not supposed to photograph it.

Double wooden doors lead into the stately space of Courtroom 2.

Courtroom 2 is a room almost completely devoid of plastic – I swear I can tell this in any room, just by breathing. The high, bright ceiling arches above white-painted cormices. A peeling damp patch looks down, embarassed, from one of the corners. Wood panelling covers the walls to above head height and all the furniture is of the same, warm, serious wood. The layout appears like a rolling valley, with the Magistrate’s seat up to the right, the proceedings on the floor in the centre and the dock, backed by the public gallery, to the left.

For our day, blue sky shone in through high windows and the square-paned skylight. We filed in and climbed, one by one, up the two steep wooden steps of the public gallery. The  curved narrow pews took our collective weight with a gentle grunt.

We were here – about two dozen of us – because Heather had had to come back.

Heather had chained herself to he gates at Kirby Misperton, a few days – so it transpired – after the Decision. The Decision, taken within days of New Year’s when it had looked as if nobody was paying attention, had been to let preparation works for ‘unconventional hydrocarbon extraction’ resume.

Heather isn’t a Quaker but she has the straight stance, calm demeanour and neat white hair that I always associate with the Friends. She’d delivered an 80-page binder of evidence, in person, weeks in advance of her previous appearence here but it had only got to the Magistrate the day before. Pointing out that he couldn’t do it justice in that time, he’d deferred the case.

So here we were.

The Prosecution went first. A dark-haired chap from the CPS treated us to larger-than-life footage of Heather being cautioned and arrested, clearly visible on the flat-screen on the far wall. No-one disputed that she’d chained herself to the high metal gates and no longer had the key. I don’t recall anyone disputing that this constituted an obstruction, and therefore an offence.

Heather led her own defence but had civilian help in the form of a McKenzie Friend – an idea I’d never heard of before. It appeared she could pass notes and advice, but not take the stand or say anything.

Heather quoted chapter and verse from laws – English, European and international – which allow for protest, for freedom of expression, and for prevention of a greater harm. This last needs the preventative action (for example, giving a potential burglar a black eye) to be ‘immediate’ (you’re doing it then, to prevent a burglary) and proportionate (you’re not, for example, deliberately killing him.)

She called a Professor of Climate Science for the ‘greater harm’ part, as well as quoting from countries – sadly not ours – who have laws against Ecocide. I began to regret I hadn’t brought my notebook: the detail was impressive.

Everybody agreed that the action was ‘proportionate’ –  in fact more of an understatement compared with the magnitude of the impending disaster outlined by the Professor of Climate science and known, at least superficially, by all of us. The ‘immediate’ requirement presented more of a problem. No-one, the Prosecution pointed out, seemed to have proof of when the Decision had been made…

No-one, that was, until one of the members of the public came forward: the Mayor of Malton. He had been at the relevant meeting – or else received its minutes. He was invited to step up into the witness box, swear in, and say so.

There’s a choice now of whether to ‘swear’ (on a New Testament) or ‘affirm’ (on your own, for folk like me). The Mayor and, I noticed in other trials I’ve seen since, the police officers, tend to ‘swear’ while other witnesses ‘affirm’.

The Mayor’s account confirmed the ‘immediacy’ of Heather’s action, which had taken place in early January.

The court rose. The Magistrate retired to a chamber beyond heavy red curtains behind his seat, to consider his verdict.

Over the past several months many Kirby Misperton cases have come through this Court, interwoven with all the more ordinary fare: drunken brawls and other petty crime. I hadn’t known this until Heather’s first appearance and the deferment, but all are heard by the same individual.

We stood up for his return.

He spoke of how impressed he was with the thoroughness of Heather’s defence, of her conscientiousness both in that and in her life in general – the file had included character witness statements.

Heather had to stand up to receive the verdict.

In the absence – yet – of any English law against Ecocide, the verdict had to be Guilty. The sentence was the lightest possible – six months’ conditional discharge.

Later that afternoon, when the Press had photographed us on the steps and Heather had given her interview, we headed for the riverside tables of the Kings Arms. You’ve likely seen it on the News, under water: it’s the pub they always come and film when York has its floods.

The Prosecutor turned up and bought Heather a drink.

I am a writer of fiction: not a journalist. There will be places in this account  where I haven’t caught all the details, or have got them wrong – not done justice to the people in that building, that day. This is just a blog post after all: not an affidavit.

But one thing – one abiding impression –  stands out above and beyond the legal details.

Our Magistrate never took political sides, never lost patience, never once raised his voice, through an entire day of proceedings.

The contrast with the whining, churlish meanderings of another judge who’s been in the news of late, is stark.

 

I cannot Tell a Lie

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Her chest constrained in broad straps, one arm bound in a tight black band, the other tied by the hand, the crime victim sits in the windowless basement, looks at the man and tries to remember to breathe normally.

Her heartbeat spurts out in jagged red…

But this is not the scene of the crime.

This is the interview afterwards.

Welcome to the next stage of our efforts to get the truth straight from people’s minds: the first in which Science takes a hand.

Around the turn of last century, just as our man Byrnes was on the wane, several advances in tehnology conspired to enable monitoring of the inner workings of our bodies in real time. Investigators – scientific and otherwise – couldn’t resist the chance to take a peek at how, exactly, our involuntary metabolism reacted to the various emotions and stresses of real life.

Early Heath-Robinson (or to use the more local, American term – Rube Goldberg) attempts led to the ‘cardio-pneumo psychograph’ developed by John Augustus Larson, the first individual in American law-enforcement to hold a Ph.D.

His guinea-pigs, in the spring of 1921, were a cohort of young college girls accused of petty theft.  The case became a media sensation.

Thus the concept of the ‘Lie Detector’ was born.

The device used in the USA today monitors breathing rate using bands round the chest and stomach (top two lines in the illustration), skin conductance (dampness of skin –  smooth green line) and instantaneous blood pressure, hence also heart rate – red jagged line.

Stress ‘tells’ in the person being monitored include raised blood pressure and heart rate, raised skin conductance, and irregularity in breathing. Certain kinds of stress ‘tells’ – but not all – are taken to be signs that the subject is grappling with the process of telling a lie: a more complex business, the polygraph’s underlying philosophy assumes, than simply allowing the truth to come out.

Two ‘pre-tests’ are carried out before any serious questions are asked.

First, the interviewer chats with the subject about their past. From this, information is gleaned that can be used to devise ‘Control’ questions – questions which any normal person would like to lie about. For example, “Have you ever stolen anything from your workplace?”

Second, once the pick-ups are in place, the interviewee is asked to tell a deliberate lie. This usually involves them writing down a number and then having to conceal which number it is in the face of simple yes-no questions.

Most people think the questions in the main session come in two types: Relevant, and ‘Control’.

But there’s more.

Both Relevant and ‘Control’ questions are designed to put our subject on the spot, but in different ways. The Relevant questions refer to the particular crime being investigated and are assumed more stressful if the subject is lying, whereas the ‘Control’ questions are assumed just plain stressful regardless – the subject either has to lie, or to admit some misdeed in their past.

A third type of question, ‘Irrelevant’ – the type most people believe to be ‘Control’ questions – are those which are easily answered without lying. For example: ‘Are the lights on in here?’

So far so good. Under these conditions a guilty interviewee will generally, short of having mastered some arcane technique of body self-control, not be mistaken for innocent.

But here are you: you’re innocent, and you never lie – or at least, not about anything that matters. You’ve been picked up in error and you’re telling the truth without much sign of nerves. The lie-detector works, right? Else they wouldn’t use it.

Then this happens:

‘Did you hide the blood-stained dagger in the shrubbery?’

‘No.’

(after a long silence)

‘The polygraph says that you are lying.’

Your stress-levels go through the roof. And you know full well they’ll be showing on the traces behind you – the traces you, as an American citizen, have been brought up to believe never make mistakes.

What are you to do, now?

Do you cave and change your answer? Lie, and say you’re guilty?

Or do you double down on what you originally said, thus betraying a lack of faith in your country, its technology and its fairness?

Your thoughts twist in knots. A term whose origin is an old word for ‘twisting’ might come to mind. It may occur to you that no other country uses polygraphs – why does yours? You might even happen to know that the guilty party among those college girls was never found, the intense questioning into her personal life precipitated a nervous breakdown in one of the ‘suspects’, and that Dr. Larson, horrified by what his invention had spawned, went on to refer to it as ‘Frankenstein’s Monster’.

You might not believe it, but this last way of using the Polygraph – making false statements to the interviewee – forms part of the next ‘step’ in the erratic progress towards Portsmouth, and Kate.

Early chapters

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The lyrics, over the rock anthem’s pounding heartbeat, are gruesome – and likely horribly familiar to anyone who has ever worked with victims of domestic violence.

She won’t give him what he wants. So he’s tied her to the railway in the path of an oncoming train. And so on. The night of crime only comes to an end when he throws her off a cliff.

You wouldn’t think so, but it’s a moral tale – almost a ballad. The man is eventually hauled in and ‘given the third degree’_

How many times have I, or anyone else, used the expression ‘third degree’ at someone who’s asking too many questions and sort-of wondered what it meant, but not thought any more of it?

The tale, of course, is fascinating. And particularly topical given this week’s Supreme Court situation

‘Third degree’, meaning the extreme of something, is a term with a long pedigree. It turns up in places as varied as Shakespeare’s plays and old medical manuals – ‘Rue is hot and dry in the third degree…’ (1578). It’s also a term in Masonic ceremonies, and in the Spanish Inquisition.

Aha: now we’re getting closer.

Of all the theories about how the phrase came to be used about asking questions, this one has to be my favourite:

New York at the turn of last century was a brutal place. Crime rates in the USA at the time were said to be anything from four to ten times those in Europe. Into this den of iniquity strode the impressive figure of one Thomas F. Byrnes. A former engineer and firefighter, he became notorious for beating suspects in order to extract confessions from them. His colleagues – or possibly himself – awarded him the nickname ‘third degree’ as a pun on his surname. All right, officer I confess: I can’t resist a story with a pun.

With such an impressive record of finding and putting-away the guilty he rose rapidly through the ranks.

As Inspector, he faced a case not unlike that of London’s ‘Jack the Ripper’.  Unlike his counterparts across the Pond, though, he caught his man.

Except he didn’t.

Eleven years later, the evidence against him being his confession and hardly anything else, Ameer ‘Frenchie’ Ben Ali was pardoned. Meanwhile Byrnes had been forced to resign. Better ways of catching criminals – ones which would not also indiscriminately sweep-up witnesses and other innocents – were needed.

Sad to say that incidents like the one that opened this story are still with us and so – and not always in the metaphorical sense, either – is the ‘third degree’.

But we’re one step nearer to Portsmouth – and to Kate.

(Oh and, bonus points if you know the ‘ballad’.)

 

Inciting incident

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Burnaby Road, Portsmouth, was supposed to be well lit. It was a broad, quiet, back town street with pavement slabs, as opposed to tarmac, all the way across its width: if you drove through between its smart houses – formerly Officers’ Quarters for the Navy – you were supposed to do so at a respectful, slow pace.

But Burnaby Road – at that time student accommodation for the University of Portsmouth – had a design flaw: the siting of its lamp-posts and its street trees coincided, leaving most of the ground in darkness for the nights between mid-May and the end of October.

And that may – or may not – have contributed to_

“Have you got the time on you?”

I pushed up a sleeve and looked at my watch. “About five past ten.”

Normally people just walk off after such an exchange, but this one didn’t: he followed me from the brightly-lit High Street into Burnaby Road.

“D’you live round here?”

“No.” Thank God – otherwise I’d have the type of bloke who follows you into a dark street knowing where I live. As it was, I was on the way to my then-boyfriend’s house – past a second house in the street where I had, in fact, been living the previous year.

More questions followed. The darkness hid my blushes at the abject lies I concocted. At the age of 24 I just wasn’t practiced at this stuff.

“Where do you work?”

“I’m a student.”

I thought I heard the words “I’ve always wanted a student…” as my feet went from under me and I started to fall…

By now the sharp-eyed among you may have recognised the incident: it’s the one Verity recounts in ‘The Price of Time’ as part of her answer to Mills’ question about life without constant fear. It is also a vignette of real life: it happened to me in the late spring of 1987. As you can imagine it left a bit of an impression, even though I scared the man off with a scream before anything worse happened.

But the most interesting part of the night was yet to come.

My boyfriend had gone out, leaving the house deserted. Desperate, I banged on the door of my former place. The tall redheaded lad who answered_

Geordie-Man, one of my old housemates!

“Wha’ha_?”

“I’ve been mugged. Can I come in?”

We went through to the kitchen. The rest of the lads, all of whom I remembered, were there. I was the only other northerner – the only one who didn’t think Geordie-Man needed subtitles when he talked.

“Sh’a get y’a cuppatea?”

“Oh yes please, that’d be great!”

I watched, puzzled, as Geordie-Man walked out of the front door and away. Perhaps he’d seen they didn’t have any milk. I didn’t notice the four-foot-high poster of Karl Marx in the next room until someone carefully detached him from the wall, rolled him up and stashed him in the cupboard under the stairs. Perhaps they were having a bit of a tidy-up.

Geordie-Man returned.

For a while nothing happened_

Someone banged on the front door fit to break it, and a commotion broke out in the hall. A split-second later four burly Police walked in the room. They all looked at me, the only woman.

“…been assaulted?”

My wits came to. That was the question Geordie-Man had asked me: the Police. Not tea.  I’d misheard.

I stood up. You needed something to show for it in these types of cases, or nobody would believe you.

“Yes. I can show you the bruises if you like.” I could feel them where I sat: they must be belters.

Nobody wanted to see the bruises.

They wanted a statement instead.

No note-pads appeared.

A statement meant going to the cop-shop with the four burly officers. As we got into the car the chap in the passenger seat leaned to his colleague sitting next to me in the back and said, “We’ll get Kate.” My seat-mate warmed to the idea, “Oh yes: Kate can interview you. She’s been on a course!”

There’d been cases in the papers. Genuine rape victims being given a gruelling time of it, giving their statements: having to put up with snide remarks implying they were at fault.

Kate didn’t do any of that. My respect for her hasn’t dimmed over time. She got 3 solid hours’-worth of detailed information out of a shocked civilian with famously poor visual memory, about a 20 second incident that took place in almost total darkness.

How she did it, why I happen to be recalling it right now, and the implications for the history of one country and the future of another, are for the posts to follow.

 

 

Tuning in: Music and empathy

A car pulls up in our street, its windows wide open.

Music is playing in the car – lively music with heavy bass heartbeats.

The street is, to use the technical jargon ‘acoustically bright’ – a few young summer trees notwithstanding, you can hear every word of a conversation along its straight, wide, semi-detached-lined, length_

The music stops – cut off with the engine.

Though the car’s an inanimate object, and the sound has no more bearing on its original creators than the electrons bringing you this post have upon me,  I can’t help feeling – just for that fraction of a second before reason takes over – ‘Doesn’t that seem rude?’

I’ve wondered, every summer for years, why the feeling springs unwanted to my mind.

Just the other day, I found the answer.

Some people relate to music more deeply than others – almost like as with an intense friendship.

It looks as if I’m one of these people.

Weirdly though, I might have known all along.

In ‘The Price of Time’ and its yet-unpublished sequel ‘The Evening Lands’ characters have the ability to ‘visit people’s minds’, including their own. Inside a mind are rooms with machines for the various faculties (power of reason looks like a Difference Engine, while a portrait gallery represents ability to remember faces, etc).

Last year a plot turn required a character to see empathy. I chose to represent empathy as a crystal dial like an analogue radio set, which ‘picks up’ people’s feelings by resonance.

The crystal dial has radial lines with the names of everybody the person cares about.

And in one particular character, these names are interleaved with those of their favourite pieces of music.

 

Is this how it’s supposed to be?

“I barely know what living feels like…”

Sometimes, under severe stress or trauma, our brains ‘step us out of ourselves’, to give us the time and – almost literally – the headspace needed to realign our thoughts. People say – or used to, I’ve not heard the expression recently – ‘beside myself with grief’ and similar. This is the phenomenon that the metaphor so beautifully describes. We’re not there: mentally, we’re somewhere else.

With most of us the trauma passes, the balance restores and, back in our own heads, feeling once again as if we’re completely ‘there’, we go on with our life.

But sometimes the upset’s so severe, so fundamental, that this doesn’t happen. Sometimes there are relapses, or prolonged periods of ‘dissociation’. Sometimes, real life becomes the exception rather than the rule.

Victims of this condition – Depersonalisation Disorder (DPD) – are able to carry on doing everything they must – holding down a job, looking after a family, all the usual social interactions, but don’t feel they’re actually there, doing those things. The quote at the top of this piece describes a sufferer’s almost Existentialist longing for her ‘normal’ state of ‘connected-ness’.

But there’s more:

Is it possible that, instead of being the result of a memorable trauma, the ‘damage’ – whatever it may be – that gave rise to the state of depersonalisation, had always been there, or had been set-off before memory dawns, when the person was still very young?

If you had this, you’d never know the ‘normal’ state of ‘being connected’ – of stitching together conscious experience as a continuum like everybody else – feels like. You’d develop coping mechanisms to ‘get into other people’s heads’ at times when this is needed and learn, by imitation, how to socialise.

Able to do everything expected of you, and unsuspected of fault by anyone else, you’d go through life never knowing that this isn’t how it’s supposed to be…