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Are you being lied to?

Subject: ARE YOU BEING LIED TO? 16 CLUES TO WATCH FOR

You've all been lied to...it's part of the business of investigation. Many times your experience and gut instinct help you sense when a subject is trying to pull one over on you and you can nip a lie in the bud. But how many times have you been lied to and didn't know it?

During a class titled, "Identifying Lies in Disguise," hosted by the Northwestern University Traffic Institute and attended by Calibre Press' Street Survival Newsline, Gary Aschenbach, a retired Maryland State Police investigator and interviewing and interrogation expert, shared a list of 16 "evasive verbal responses" suspects may give you in response to some of your questions during interviews. These responses can be used to alert you to the possibility that the subject you're speaking with might be hiding something and can signal a need for further questioning.

Aschenbach explained that most people--even criminals--find it extremely difficult and uncomfortable to tell a bold-faced lie so they tell the truth, but only PART of the truth. "They lie by omission, not commission," he says. By training yourself to key in on certain verbal cues that indicate a person may be offering up a partial truth, you can make yourself less susceptible to being duped.

Here is a list of 16 examples of "evasive verbal responses" you should watch for:

[Note: Aschenbach cautions that these are only indicators and should not be used as your sole basis for securing guilt. The following responses should be used to motivate you to dig further into questioning.]

 

1. UNFINISHED BUSINESS

Phrases to watch for: That's about it. That's about the gist of it. That's about all I know. That's about all that happened. That's about all I can tell you. I guess that's about it. I guess that's about all I know. That's pretty much what happened. As far as I know, that's about it. There's not much more to tell. There's not much more to say. There's not much more to it. There's not a whole lot more to say.

If you look closely, phrases like these are actual admissions that there's more to tell. If someone says, "That's about it," they're NOT saying, "That's IT, there's NOTHING else. " They're saying, "I've told you some, but there IS more.

The next time someone ends an interview with "That's about it," trying asking, "That's ABOUT it? Tell me the rest." If they respond, "No, that's it," try confronting them with what they said: "Then why did you say that's ABOUT it?" This increases their level of stress and may yield further indicators, such as an explosion of body language, that can help you.

[In a series of videotaped interviews with suspects in a variety of crimes Aschenbach showed the class, EACH guilty person, when asked if there was anything else they'd like to say, ended their interview with one of the above phrases.]

2. "I CAN'T..."

Phrases to watch for: I can't say. I can't think of anything. I can't tell you anything about that. I can't really tell you anything. I'm not able to tell you anything. I'm not able to say. I can't explain anything about that. I couldn't say. I couldn't tell you. I couldn't tell you that. I can just say. I can say this. I can tell you this. I can only tell you this.

The suspect is telling you the truth; he or she CAN'T tell you anything about the crime you're investigating. The big question is why? It's possible that he or she truly doesn't know anything. BUT, it's also very possible that he can't tell you about the crime you're investigating because if he did, he'd be headed for jail.

3. HYPOTHETICALLY STRUCTURED PHRASE

Phrases to watch for: I would say not. I would deny that allegation. I should say not. I'd deny that we were ever in there. I could certainly say. I could say that I did not. Let me say this: I wasn't involved in anything like that. I'll say this: no. I could unequivocally deny that.

Phrases like this indicate that the person thinks that the question SHOULD, COULD, WOULD or OUGHT to be answered, but they're not going to give you an answer, or at least an honest one. For example: A suspected child molester is asked, "Did you fondle that child?" and he answers indignantly, "I should say not." Your first impression might be that the person was offended by the question. But look closer. What did he really say? He said he SHOULD say not, but he didn't say NO. Why SHOULD he say not? Maybe because if he doesn't, he'll be nailed.

Wendell Rudacille, author of "Identifying Lies in Disguise," [$39.95, call 800-323-0037], suggests applying what he calls the "BUT-NOT" Rule in instances like this. If applied to the response of the suspect above, you will have "I should say not...BUT I did NOT say not."

4. NO PROOF

Phrases to watch for: There's absolutely no proof that I was involved. There's absolutely not one piece of proof. Show me the proof. Where's the proof? They'll never prove it. No proof exists one way or another. What proof does anyone have?

An example of this type of response in action: A store was burglarized and money was taken from the cash register. To get in the store, the burglar smashed out a back window and crawled in. During an interview, a person being questioned was asked, "The person who broke into that store will remember how entry was gained. Do you know if entry was gained by breaking out some glass in a window?" His answer to the question was, "Is that how they got in? I wasn't there. I don't know. And besides that, no one can prove I was anywhere near there that night."

Recall that the question was closed ended; "Do you know if...." The answer should have been a simple yes or no. Instead, the subject skirted the direct answer. Later, he says, "I wasn't there. I don't know. And besides that, no one can prove I was anywhere near there that night. " He's issuing a direct challenge..."Prove it!" Why? It could be that no one can prove that he was there because he really wasn't. But, it could also be because he's confident no one saw him there that night and that he didn't leave behind any physical evidence that would tie him to the scene. You'll need to find out which it is.

5. ACCUSATORY

Phrases to watch for: Are you accusing me of doing that? I don't like being accused of things like that. I feel like I'm being accused. I feel like I'm being accused of doing something. Who is accusing me of lying about it? That accusation is false. I've been accused of stuff before.

Here the subject is asserting that the question you asked is an accusation. An example of this type of evasive response might be if you ask someone you're interviewing, "Did you steal the money?" and he responds, "I don't like being accused of things like that." The answer to the question should have been a simple yes or no. Instead, the interviewee is responding to you as though you said, "You stole the money! " Why? It's possible that the person is innocent and naturally assumed your question was shrouding an accusation. But it's also very possible that this evasive response stemmed from a guilty mind-set and the interviewee is challenging you as a defense mechanism.

6. "THE ANSWER IS..."

Phrases to watch for: "The answer is no. My answer to that is no. That answer is no. That's a no. I'll answer that no. The answer to that question is no.

Here, the easiest and most direct answer to give in the least amount of time with the least amount of effort is, "No." Instead, the person being interviewed decided to introduce the answer. Evasive responses like this are usually given during a series of closed-ended questions:

Did you shoot that man? No. Were you present when that man got shot? No. Did you point a gun at that man? No. Do you know for sure who shot that man? The answer to that is no.

It's not easy for most people to answer with a direct lie. In this instance, the interviewee is able to answer some questions, possibly those that don't cause him discomfort, with a direct no. But with the last question, he couldn't just say no. He had to add some extra words. This may be a strong indication that this particular question causes him enough concern that he's not comfortable answering it with a direct answer. Why? Maybe because he actually DOES know who shot the man.

7. HARD QUESTION

Phrases to watch for: That's a hard question. That's a good one. That's a hard one. That's a tough one. That's a tough question. That's a difficult question. That's hard to answer. That's a tough question to answer. That's hard for me to say.

Keep in mind that many people who commit crimes prepare themselves for interviews by trying to predict what questions they will be asked by interrogators and preparing a list of answers in their heads. During questioning, you'll probably ask a lot of the questions he predicted you will ask. But you might drop a bomb on him by asking something he hadn't prepared himself for. His response to a question like that? "That's a good question." What's he really saying? "Whoa! I hadn't even thought of THAT question. Nice job. That's a good question."

8. OBJECTION

Phrases to watch for: I'm not the kind of person who would do anything like that. I'm not the kind of person who would think of doing that. I'm not the kind of person who would ever try to do something like that. I'm not the kind of person who does things like that. I don't do stuff like that. I don't do things of that nature. I don't go around doing those kinds of things. I couldn't do something like that.

This is a direct objection to the question, similar to when a lawyer stands up in court and yells, "I object, your honor!" Why does he object? Because the answer to the question will not help his case and will likely do him harm. The same goes for a guilty person. If someone knows he stole money from a safe and an interviewer asks him, "Did you steal that money from the safe?" he doesn't want to say yes, so he objects to the question by asserting that the question is offensive because it's not in his nature to steal.

9. NON-REFLECTIVE DENIAL OF KNOWLEDGE

Phrases to watch for that are given WITHOUT PAUSE: I don't remember. I can't seem to recall at this time. Not to my knowledge. I guess not. I doubt it. Not that I can remember. I'm just going off of what I remember at this time. All that I can remember is.... Not to the best of my recollection.

Typically, when people are trying to remember something, they pause before they say, "Not that I can remember." Something to watch for when interviewing a subject is an answer like this given IMMEDIATELY after the question without a pause for reflection. If you get an answer like this, consider that the person possibly hasn't tried remembering, they are just saying they don't remember so you'll move on. In reality, they may very well know the answer to the question but don't want to give it to you.

10. MAINTENANCE OF DIGNITY

Phrases to watch for: I wouldn't dignify that question with an answer. What kind of question is that to ask me? I don't like the implications of that question. That's ridiculous. That's an offensive question. I've got better things to do than answer a question like that.

Here, a person answers your question with an assertation that what you've asked is offensive to him. An example might be if you ask someone, "Did you steal any of the computer equipment from the office?" and they reply, "I'm the manager. What kind of question is that to ask me?" It's possible that the person really does believe that this is an offensive question, even if it was asked in an non-offensive manner. However, it's also quite possible that the person is feigning offense in an attempt to make you uncomfortable, possibly hoping that you will apologize and move on. Don't fall for this. The answer to the question is a simple yes or no. You might respond, "I'm sorry that question offended you but I need you to give me an answer." Then watch for other evasive responses that might follow. If you hear any, keep digging.

11. PROJECTION

Phrases to watch for: A person would have to be crazy to do that. Only a sicko would do that. Whoever did this has got a real problem. The person who did this must be on drugs or something. You would have to be a jerk to steal something. Sounds like this person is a real nut. The guilty person really needs some help. Projection is a defense mechanism where a person voices his/her own fears while attributing them to someone else. For example, you ask an interviewee, "Did you touch that child's private parts?" and he responds, "Someone would have to be really sick in the head to do something like that." Did he answer your question? No. Did he give you an answer that tips you off to possible guilt? Absolutely. In this case, the "someone" this person might be referring to is himself and he's revealing that he's aware that he's sick and he's concerned about it.

12. INTERROGATORY

Phrases to watch for: How should I know that? How would I know? You think I know that? Why do you need to know that? Why are you asking me that? What kind of question is that? What makes you think I'd know that? What's the meaning of that question?

Here the subject answers your question with a question. Sometimes this type of evasive response takes the form of mirroring the question you just asked. For example, you ask "Did you shoot that man?" and the subject answers, "Did I shoot that man?" Is the subject truly trying to clarify the question because he didn't understand it, or is he buying time because he is forced into a corner with a closed-ended question that should be responded to with a simple yes or no answer? What is he telling you when he answers a simple yes or no question like, "Do you know who shot that man?" with, "How should I know?" Is he really wondering why you would be dumb enough to think he might know who the shooter is or is it possible he just can't bring himself to tell you a flat-out lie like, "No."

13. RAMBLING DISSERTATION

What to watch for: You ask, "Were you at John's Bar (where a shooting occurred) that day?" and the person you're interviewing responds, "Man, what a day. The phones didn't stop ringing. My boss was on my back about some overdue accounts. Somebody got the promotion I wanted, I was stressed out. I can't believe they promoted that guy. He's so incompetent it's ridiculous. We just stopped by John's Bar for a couple of drinks to unwind a little. I needed it after the day I had. I'm gonna start looking for another job. I've had it with that place. They don't pay me enough to put up with all the hassle. I mean, there's other places to work, right?"

What just happened here? You asked a simple question that could have been quickly answered with a yes or a no. Instead, you got a flood of information that has nothing to do with your question. The interviewee admits he was at the bar, but only after rambling on about the bad day he had. Then, after he's admitted being there, he attempts to divert your attention away from his presence at the bar to the problems he's having at work. The real answer to your question is hidden between a bunch of verbal padding.

If a question you ask is answered with a rambling dissertation, it's important to remember that this person could in fact be innocent and may be telling you all this extra information because he's afraid you might think he's guilty unless he fully justifies why he was at the bar. But it's also possible that he's hiding something.

Also remember that under stress, the body releases adrenalin that needs to be released and breathing may be labored or excessive. By talking for awhile, the subject may be trying to relieve some of that stress, stabilize his breathing and help ease the discomfort he is feeling.

14. THE ANSWER DOESN'T EQUAL THE QUESTION

What to watch for: You ask, "Did you have a gun on you when you walked into that store?" and you get the answer, "I don't have nothin' to do with guns!"

In this example, you asked, "Did you have a gun on you when you walked into that store?" NOT "Do you have any guns? Tell me how you feel about guns." Again, your question could have been answered with a yes or no answer but wasn't. Why? Is it because the guy answers every question ever asked of him that has to do with guns with a statement like this? Does he really want you to know he's not the gun type? Or is he avoiding the question? Be curious enough to find out.

15. DENIAL OF PRESENCE

What to watch for: You're in a room alone with only one subject and you ask, "Did you shoot that man?" and he answers, "Who me? Is that question directed at me?"

A response like this should set off warning bells. Only two of you are in the room. You asked the question and you obviously weren't asking it of yourself, so there's only one person the question could be directed to...the interviewee. Obviously the answer to his question is yes, you WERE asking HIM the question. Why would he ask a question with such an obvious answer? Is he buying time? Have you made him uncomfortable? Why is he uncomfortable? Find out.

16. SPEECH ERRORS

Mistakes to watch for: I'm doing everything I can to prove myself GUILTY. It'll show you I'm NOT telling the truth. There's really not TRUE much I can tell you.

Here the interviewee makes a mistake...a "Freudian slip." Freud believed that a mistake like this reveals an "unconscious agenda" going on below the surface of one's conscious awareness. Honest mistakes are always possible and assuming guilt solely on the basis of a verbal or written mistake is definitely not advisable. But as an interviewer you should take EVERYTHING you see and hear into consideration. A mistake like this made under pressure should be remembered and considered a small—but potentially important--piece of a big puzzle.

Also watch for corrections to the slip up like, "That was a mistake. I didn't mean to say that." What they're telling you is true. That really WAS a mistake and they really DIDN'T mean to say that, but don't disregard the fact that they DID say it.

 

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