Mr. Jayne discusses interviewing
in the context of sexual harassment. For our purposes that context
is not unlike our involvement with incident management. Both
are issues that public policy has placed in its cross hairs.
There are large expectations associated with the prevention of
both. There is also great pressure on organizations to investigate
alleged violations.
In an attempt to defeat deceit however,
this article is itself deceptive. The author writes in a very
straightforward and clear style. He clearly wants to accomplish
an important task: help the reader understand how to conduct
an interview that will make it difficult for someone to lie.
He exudes a large amount of professionalism as he moves from
one issue to another, writing as someone who has experience with
and understanding of the subject. Yet in the end, his advice
is not as convincing as his style.
The author's initial error appears in the
second paragraph where he writes:
...After documenting the victim's complaint,
interviewing strategies can be employed to obtain a truthful
account from the alleged perpetrator..
Apparently the author has determined from
the beginning that the most likely source of deceit will be the
"alleged perpetrator," as opposed to the "victim,"
not the "alleged victim." In fact, in the very next
paragraph he identifies five goals the interviewer sets for him
or herself when interviewing the accused. One of those goals
is to, "(c)aution the employee about any retaliation against
the victim."
To be fair, the author never suggests that
every "alleged perpetrator" is necessarily guilty;
however, he has created a framework that dismisses any focus
on possible deception by the accuser. In our world we would not
start with the presumption that either are lying. We would simply
"slice the bologna" with any incident witness, placing
the same pressure on everyone to answer questions in an organized
and detailed manner.
Mr. Jayne makes some important points regarding
issues such as "commitment to denial," which are consistent
with the methodology we might use when beginning an incident
interview. In other words, we wouldn't begin an interview with
an accused person by asking, "Did you hit Frank?" Putting
an accused person who is guilty in the position
of answering that question first is more likely to result in
a denial, making it more difficult for the person to tell the
truth at a later point in the interview.
Jayne also is quite interesting when he
talks about "affirmative responses." In this case he
values, as would we, many details about what happened in those
moments leading up to the possible incident as the incident itself.
But in this section, as in most other sections, he treats the
interview as interrogation, attempting to lead the witness using
closed ended questions (e.g., "Did you suggest to your secretary
that the two of you should get together after work?") rather
than simply asking what happened.
One area I found interesting but weak was
the author's analysis of the usefulness of "provoking questions."
Provoking questions are questions that will produce distinctive
responses when answered by those who are guilty. He gives many
examples, such as:
"When Mary says that you put your
hand on her thigh, is she lying?" A truthful employee has
no difficulty accusing another person of lying. Therefore, a
typical truthful response to this question would be an immediate
and emphatic yes.
It is psychologically difficult for a deceptive
employee to accuse another person of lying when, in fact, the
employee knows that the other person is telling the truth. Because
of this, typical defensive responses to this question are evasive,
weak, and hesitant.
Jayne not only fails to provide any research
to support this assertion, it seems counter intuitive. It appears
quite likely that someone who is sufficiently brash to handle
another person's thigh without permission is equally likely to
call that person a "liar" if confronted with that allegation.
Regardless of my criticisms, I found this
article intriguing and interesting. It helped me to clarify my
own understanding of interviews (not interrogations) in the context
of the investigative process.