By Gary |. Wilson, Colonel (Retired), United States Marine Corps, Carlsbad, California cearolingustic programming (NLP) techniques are popular with law enforcement officials for uncovering deception due {ng interrogations, Asa result ofthis popularity, various com: ‘munities are witnessing the widespread application of NLP techniques to both interviews and interrogations? The pat pose of this article is to explore the validity of detecting devep- tion by using NLP techniques. Specifically, thi article succinctly considers the integration of NLP techniques with implicit behaviors such as eye movements ‘The premise behind NLP is that a person’s eye movements give interrogators a means to uncover tith and reveal deception. NLP ‘advocates contend that they can detect deception by observing eye ‘movements concordant with verbal statements furnished by sus pects during interviews and interrogations Par Anders Granhag, in his research, notes that distinguishing. among facts, fiction, truth, noise, and deception is one of the cen tral tasks ascociated with forensics interviewing, and intorroga tion? Charles Bond and Bella DePaulo review a large number of, studies that focus on an individual's ability to ferret out deception 40. THE POLICE CHIEF/DECEMBER 2010 They also report that people's performance for detecting lies or deception appear just above the level of chance This “ust above-the-level-of-chanco” criterion is not particularly ‘compelling or reassuring. Itis about the same level of chance as Fp ping a coin. In the wake of Granhag’s work, Granhag and others suggest that people might be better at detecting deceptions using, indirect ways of validating veracity and trth-teling Granhag labels this indict approach of determining veracity as implicit lie detection. In other words, i is an approach that targets things other than explicit veracity (or example, verbal declaration). ‘The targets are implicit behavioral factors such as eye movements Much ofthe effort surrounding the concept of impli le detection finds favor inthe areas of paralinguistcs and neurolinguistics” NLP Integrating Communication and Therapy NLP was conceptualized in the 1970s by Richard Bandller and John Grinder. Both Bandler and Grinder hypothesized that people tap into their cognitive processes communicating through diferent hupiewwnaylometworkcomlacatUNIVERSITY OF SOUTH FLORIDA ‘means: auditory, visual, and kinesthetics. thrust in devel- Jntegrating communication and therapy. ‘Nevertheless, NLP has found its way Into interrogation texts, profesional jour Earn your degree online! tale tel ari roar cn Vincent Sandoval and Susan Adams write These fully online programs allow you learn ina FBI publication about how to use NLP «when and where it works for you. in interviews. Bachelor's Degrees Criminology, 8.8. Information Technology, 8. Applied Science, BS. with concentrations in: «# Criminal Justice ‘Neuolngustc programing nota Post-Bachelor's Certificates Information Technology Professional fi to gin rapper. 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Briefly, neurolinguistics explores the connec tion between language and the functioning ofthe nervous system. ye Movements ‘According to Gordon ard Fleisher? and Zulaweski and Wick- lander advocates of neuraingustic contend that there isa “proba bie linkbeteen various Ende ofeye movements and the coytive neural processing of language, For exampe, Condon and Fisher twit that when “eyes move upward and fo the right in one's gaze, this Indicates a suspect may be creating or adding Information 10 something they are stfempting to visualize" Ifa susped' eyes move directly to the right, ths indicates the suspect i creating or adding information to something they have not heard, When suspects eyes aze looking straight up towards the eallng this neurlinguiste cue indicates a suspect may be seeking divine intervention or help from above. This eye move tnt coneidered not ctewistnt wilt te propects memory of ‘what actually transite oe Navarro and John Schafer, in an FBI Bulletin post in concert | with David Givenssate that | psd ot jute, hey commute when te bran conducts intra dog reals pas eens, arg ses or proces alc ‘automatic resprise oes 0 _go unnoticed. By cataloging person’ seline eye responses rnstesf conversation, imestigatrs cv compare the eye responses Additionally, individuals woho struggle with an idea or concept eyes reply. Rapid blinking or “eyelid futer” signals topic. Offices carey should obserce the speaker’ eyes, toch ca alert othe possiblity of deception = What is striking about law enforcement’s unabashed accep tance of NLP for revealing deception, is that neither Bandler nor Grinder ever proposed that assessing nonverbal or implicit behavior cues (that is, eye movements and blink rate) has any relevance of evidence-based connection to detecting decep- tion.” Clearly, NLP was not intended by Bandler oF be used as a forensic, assessment, or analytical instrument § detection of deception. Nevertheless, NLP applications continue to find their way into interrogation texts and interview rooms while growing in popularity. The question is, does esearch data support NPL's use for detecting deception? Stan Walters argues that there is no data support for NLP use as an instrument for detecting deception, noting 1 hb ‘Should he interietwer ask for informal his statements boa tpuwwvenaylometwork.comfsc-nstArchitects Design Group, Inc. National Experts in Planning, Funding, & Designing Oe eh uel ole www.adgusa.org + 407.647.1706 a EC Sy Ce) te Lea Ld Pelle eA Od be rod PTB tla oe In other supportive studies, it was found to be common forthe subject to have eye movements inconsistent with speech cues, Those same studies also determined that IQs were inconsistent with ques tions designed to elicit specific mental responses onthe visual, audi- tory. or kinesthetic levels | Ethnicity and Gender | tm addition to eye movement being inconsistent with speech | cues, ethnicity and gender may also have an impact on assessing ‘cea deception.” Julie Lavigne, in a presentation to the “American Psychological Associaton 2208 Convention, suggests that interactions between police officers and ethnic minorities are likely to be challenging, Interactions are characterized by mutual distrust and misinterpretation of cues, as well as misuncerstandings regaré ing the actual meaning ofthe behavior exhib on deceptive bel Gender and Profanity While etn factors can influence or mislead police and scholars | in ther interpretation of implicit behavior such as eye movement it | fs interesting to consider the effects of gender and profanity during | interrogation. Kellie Ann Green and Julia Friedman, in their presen- | tation to the Western Psychological Assocation 2006 Convention | described an experiment in which both profanity ancl gender con | trinute to the perception of credibility in the contextof hypothetical | interrogation used in the study | "Green and Friedman concluded that there is significant interac | tion between gender and profanity (p = 07) The “highest credibility was assigned to male suspects who used profanity and those with, the lowest credibility were assigned to female suspects who use pro | fanity When males use profanity, they are considered credible and When females use profanity they are considered not credible Another study involving gender anc detection of lies by Armindo Freitas: Magalhaes notes that Portuguese “women, regardless of age hupsiwwwnaylometworkcom/iae-mstSe et ee ee ee Soe eee Cee ce ee recognition of ies, particulary in the age “INNOVATION - End-to-end standalone or mult-modal blometre products and solutions to 45 years”® This gives cr pothesis that women are bet oe Se i eg teat detecting deception than men. OPEN MARKET - Deployments in over 60 counties The preceding research data might give one pause regarding the influemce of not only gender on perceived cred: ibility during interviews and detection of lies, but also on the use of profani in these circumstances. The idea of NUP being able to detect deception solely by ‘movements is seriously challenged by such data, Advocates of NLP, nonethe less, hold that there isa direct neurolog cal connection between eye movements land representational systems.” Yet the fevidence-based data are lacking. with respect to NLP use in determining truth for deception. Researchers in the past have freee pointed out the need for empirical stud to address the utility of police using N Comte for detecting deception.” It is evident that SO eee other factors, such as ethnic groups, gen eda eee der, and use of profanity, can effectively INVESTIGATE YOUR LEADERSHIP OPPORTUNITIES. Enroltnow. | 900-888-UMUC - umuc.edu/crime THE POLICE CHIEK/DECEMBER 2010 hupliwwn:naylometwork:com/iac-matinfluence perceived credibility (that is, truthfulness) while drastically impacting an investigator's ability to detect decep- tion when techniques like NLP are used in the absence of evidence-based data. ‘Another consideration in detecting decep- tion is the role that complex cognitive fa: tors might play in challenging the utility ‘of NLP for ascertaining deception Miron Zuckerman, Bella DePaulo, and Robert Rosenthal submit that lying is more cognitively complex. than_truthtelling Zuckerman and the coauthors hypoth. fesize that liars need t0 formulate com- munications that are internally consistent and consistent with what others already know: “The complex cognitive challenge involved in ying results in longer response latencies, more speech hesitations, greater pupil dilation, and fewer illustrators (eg. Movements) that accompany” speech.” ‘The authors make the case that the vary- ing degrees to which both verbal and nonverbal cues occur differentially during deceptive communications compared with teuthful communications are very impor- tant, Their research produced 159 est mates of 19 behavioral cues to deceptions. This underscores the complenity of detect: ing deception: the wide range of decep- tive cues challenges the cancept of relying solely upon NLPeye movement constructs to detect deception ™ NLP has captured the atention of la enforcement and interrogators regard: ing its application to detecting decep- tion during interview and interrogation processes, Clearly, there isa lack of evidence-based data to support using NLP for ferreting out deception. Yet employing NLP techniques for detect- ing. deception persists throughout lav enforcement communities despite the dearth of supportive evidence. NLP uti ity for deciphering truth from deception is a myth, Nonetheless, it is still touted for investigative interviewing. ‘Those working in the area of forensics reed to be aware of the shortcomings of ethos that ae not evidence ase I is sential to stsve forthe use of teeniques nd methods that are supported by esearch data"The only certain method of iscem- Sng truth relies om the coraboration ofthe Known fats independent ofthe information provided bythe peron interviewed"? Notes ‘Stan Walters, Principles of Kins ero Interrogation 2d (New York CRC Press, 203, 138-140 Nathan Gordon ae William Fisher, fetine nrg eed inkerogtion Tei, 2nd (New Yor: Academic Press, 200) 13-118 Par Anders Granhog, “Rethink Inmplit Lie Detection” Ts (2006 180-190, ptt boise a en ‘p/2006 18019072006 180190 pd aces November 4, 2010, “Chases Bond and Bella DePaul, “Accuracy ‘of Deception Judgments” Persona an Soci Paychagy Revie, 1 no, 3 (2006) 216-234 “Granhag, "Rethinking impli Lie Detection “Tb US) D THE UNIFORM TAILOR Puy. Ste. F, Marietta, GA 30067 | S1e-8820" Tax (770) 818-9839 50. THEPOLICE CHIEF/DECEMBER 2010 es guee ea a Ler ee OL Le amen Pfu Cisfurus‘Davie Zalawski and Douglas Wiekander, Practical Aspect of nero an nero, 2 ce (Boca Rater, Fla: CRC Press, 2002, "Vineent Sendoval nd Susan Adams Subtle Sls for Building Rappot Using Neuro-Lingusie Programming in the Interview Room” Fl Law Enforcement ulin ‘i na (August 2001 5 hp gow) statservice/ ablations lavrenforcement bulletin /2001pdts/augOlleb pl acess November 4, 2010, "Gordon and Pesher, fictive Interiecing and Ierrogatin Tecnu. "David Zulawsk abd Douglas Wilander, Prat! Aspes of ere aa Inrrogtion "Gordon and Fleisher, Efetiv Inerciewing and erro Tenis. Davi Givens The None Dictionary of Castres Sigs Body Language Cus Spokane Washington: Centr for Noavertal tudes, 2K, je Navarro an Jon Schafer, “Detecting Deception,” FBI Lat Enrceent Ble 7 ‘ne. 7 uly 200) 10 ht reww fb gov) ‘stat-services/pubiatonsInw-enforcement ‘ulletn/2001-pasjulyOtleapa accessed November 4, 2010. Walters Principles of Kies ecw ond errption. bid 2 138-132, "Alert Vel and Shara Lochun, “Neuro- Linguistic Programming andthe Police ‘Warhol or Not” Jura of Police and Crna Payehagy 12 no 1 Garay 1997) 25-3. Walters Principles of Kins nerciew and meron "Alder and Frans Willem Winkel ‘Croecutrl Posie Citizen Interactions “Thelnvvenceof Race Bois and Nonverbal ‘Communication on Impression Formation, Jura of Appi Socal Poycology 22 (October 1992) 1546-158 and Alert Veh and Frans Willem Winkel, "Perceptual Distortions in (Cross-Cultural interrogations: The Impact of ‘Skin Color, Acent Speech Syl, and Spoken Fluency on Impression Formation” Jura of CroscuturalPoyetaogy 25 une 198) 284-285, "Julie Lavigne, “Tndiators of Deception The Eifects of the Ethnic of the Suspect” (paper presented atthe American Psychelogial ‘Astocition 200 Convention, Boston, Massachusets) Kellie Ann Green and Julia Friedman, “Bicets of Gender and Profanity during Inverogation on Perceived Creiiiy” poster presentation, Western Paychology Assocation 00s Convention, Riviera Resort Palm Springs CCalitonia Apr) 2106, Td Armindo Feet Magalhaes, "Etc of Lookin Detection of Les: Empirical Study with Portugese” [paper presented at the Aresian Pychologcal Assocation 2009 Convention, "Toronto, Ona, Canada Sandoval and Adams “Subtle Skills for Building Rapport Using Neurlingustic Programming in the Interview Room” 4 hupuwwwnaylometwork-comfae-nxt ri and Lochun, “Neuro-Linguistle Programming and the Police Worthwhile Not” and and Sandoval and Adams, “Subtle Sls or Building Rapport using eurolingulsti Programming the iterview Room 4 "Miron Zuckerman, Bella DePaul, and Robert Rosenthal, Veal and Nonverbal, CCemeurication of Deception” Adoencs in Experimental Social Pycholgy 1, Leonard Beekowit (New York: Academic Pres 188, 1-2 fella DePaulo eta, “Cues to Deception,” APA Psychologie! Buln 129 2003) 74-18 2]. Red Moy, "The Peychoogy of Wickedness Psychopathy and Sadi” Pryhatie Annas 2 (September 1957): 633 Needs eat Tete ot sae] Col race Thermo Scenic handheld chemical detifcation Instruments enable law enforcement personnel ‘0 apa dently explosives narcotics and other ‘chemical hazards dct atthe point of ned where tie, offer safety and chain of custody are cal. Help protect yourse, your community {and your caine withthe righ ols fo the ob ‘Ther Scent chemical deniaton combo kisincude leading tecnologis fr fe set chemical ID~handheld Raman and FR spectroscopy SE Vist us at wonthermoscintitcom/hura or al +1978 642-1132 (USA) to lear more today geeeee Thermo ‘THE POLICE CHIEF/DECEMBER 2010 st