Assault attorney

Wednesday, June 9, 2010

Statement Analysis

A powerful tool for the Trial Attorney:

Every lawyer must have the ability to obtain other information from and to determine whether the information is accurate. The former can he / she with a questioning, to do an interview or deposition. But how can you reach them?

This article will introduce the tool you need. The Scientific Content Analysis of a statement. (Scan technology) The concept was developed and refined over a period of thirty yearsMr. Avinoam Sapir.

A truthful statement comes from the memory and a false one comes from the imagination. The ability to recognize the difference be a big advantage.

The SCAN ADVANTAGE

SCAN offers the advantage of knowing if the information is, in a statement (letter, report, affidavit, etc.), is deceptive, truthful or complete. One basis of the SCAN, is that people do not lie. They say the truth, but not always the whole truth. No person recites every detailof everything they have experienced. It takes too long. We all "edit" - in which we only say what we think is important to include in a statement. We do this in conversation.

SCAN takes into account only the words used by the person. What the subject is not speaking (including body language), meaning the subject, knows what the listener / reader, play no role in the analysis.

Scanning applications

SCAN can transmit in any type of case. Due to the recentKidder decision, NH, is of great value when examining a victim's statement, as in a DVP statement.

SCAN can be used anywhere there is an "open statement" that can predict a response to an open question, one in which the subject is what he wants: affidavits, statements, letters and reports. It can also be used to report accidents statements and reports from the police.

From a DVP Statement:

. "When he finished and on and cried all over me He got up andleft, I close the door and went into the bathroom. "Note the change from past tense to present tense in verb usage." I lock the door, "a sign of deception. The story is constructed out of the imagination, (present tense), not the memory (past tense). It was later proved the suspicions were not even in the state of New Hampshire on the day of the alleged incident.

A statutory declaration is defined as "A written statement under oath before a notary or other authorized officer." It claims to bethe truth. Is it the truth? And if it is the truth?

Other examples

Case of an accident: "I was not with the road and turned right onto Dike Rd, Instead of hard left on Main St." The writer wants us to believe that he / she "is strange", but the details of the proposition Tell us different.

"I tried to open the door and the window of the car, but have no recollection how I got out of the car." The "editing process" means to report that the issue canWe will only remember what the topic. What do not recall the subject would be not to report the issue to us. Hence the expression "no memory" in an open statement (which controls the "machining process", in contrast to responses to certain questions), knowledge is a signal to suppress.

"I had already passed the intersection of .....................- turn east back into the underground."

This points to an earlier visit to the U-turn. He says clearly back "to the U-Turn." Thisraises the question of where he went, he was lost or late?

went with "began" / "start" / "Continue" / "" is a reference to a certain pause in the activity in which we do not know what the subject. It is an indicator that something is missing language.

"After he raped me when we drove home." The word that we point out voluntary cooperation and should not appear in a rape statement after the crime. It may appear before the crime.

"I would not do," while often taken asDenial is not a denial of past activity. It is a statement of future intentions to tell us what would not do the subject. This is not the same as "I did not."

"I want to assure the world that I was not the intention of recent attacks that have planned by people for personal reasons seems," Bin Laden's declaration.
"I want to assure you that "..." is not the same as" I assure you that ... "The issue is just to say what he wants, but he is not to saywhat they actually do.

Child abuse cases

It is interesting to note in the following cases of child abuse:

i. Many parents who abuse their children have a problem with using the words "son" and "daughter". This is the process that a person subject to his or her head before her in a position to abuse his own son / daughter.

ii. In many cases of child abuse that lead to murder, we find a change of language after the murder. As if to say that once the victim is dead, theVictims 'safe'.

iii. Usually, the word "child" may suggest that may have been abused in childhood have speaker earlier, and very likely sexually abused.

Practical applications for SCAN

A SCAN report has not been established as an exhibit to be admitted in court. It is a tool to get you and evaluate information.

In a rape / assault / criminal restraint case, I analyzed the testimony of the victim and found it was true details in the beginning, but the rest were ofvery problematic, with many linguistic signals of deception. The defender analysis used the victim to prepare written questions for the cross-examination.

The result was the defendant was found NG on all points, except simple assault, which is exactly what he added. I was developing the cross-examination questions, the analysis said, "overwhelmed," the prosecutor the case.

Depositions

SCAN applied if its not as accurate alsoa Q & A format, as in a deposition, but it is easy to open ended at the beginning of a question, as posed can be used:

"Tell me everything you know about ................": where the subject where to start and what decides to count. It should not prompt or discussion. Upon completion, can follow the standard deposition format. SCAN is best applied in a statement dictated or written by the subject. A written statement should not be conducted on a computer, like a grammar spell /checker changes the statement, and we try to issue their own words, not those that are grammatically correct.

"Each person has his own linguistic code. The use of linguistic methods to break and decipher, the subject of the linguistic code, are we able to get more information and to reach an accurate decision about the reliability of the information "According to Mr. Sapir.

METHODOLOGY

The scan analysis looks at a statement like a mathematical equation. This means that inwith SCAN we are not only interested in the contents of the statement, but in the relations between:

1st The various elements of the statement.
2nd The perceived importance of the theme attributes for each word.
3rd The different places where a particular word is used.
4th The relationship between different words.

RESULTS

According to Mr. Sapir: "The end result of the SCAN analysis is the background information covered by the vocabulary or knowledge generatedDictionary. Or in other words, we would discover the whole story, that does not want to expose the issue open in the content of the story. However, the subject is exposed to the language. "

In a scan analysis, we want a sign of deception, truthfulness or processing: The history behind the story. The scanning technique is involved only in activities and not on purpose. SCAN not what the people are not treated, but with what people said they did.

In a later article I willQuestionnaire to the view (Verbal interview effective witness), the streamlining and offers optimal answer. A non-threatening and non-accusatory way, several witnesses and sources, and interview suspects



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