“An operator shall use the signal…”: Texas Transportation Code, Title 7: Vehicles and
Traffic, Subtitle C: Rules of the Road, Chapter 545: Operation and Movement of Vehicles,
Sections 104, 105, p. 16, https://statutes.capitol.texas.gov/?link=TN.
“In Western culture…the investigator”: John E. Reid et al., Essentials of the Reid Technique:
Criminal Investigation and Confessions (Sudbury, Mass.: Jones and Bartlett Publishers, 2005), p.
98.
The Reid Manual is full of assertions about lie detection that are, to put it plainly, nonsense. The
Reid “system” teaches interrogators, for example, to be alert to nonverbal cues, which have the
effect of “amplifying” what a suspect says. By nonverbal cues, they mean posture and hand
gestures and the like. As the manual states, on page 93, “hence the commonplace expressions,
‘actions speak louder than words’ and ‘look me straight in the eye if you’re telling the truth.’”
If you stacked all the scientific papers refuting this claim on top of each other, they would reach
the moon. Here is one of my favorite critiques, from Richard R. Johnson, a criminologist at the
University of Toledo. (Johnson’s research can be found here: “Race and Police Reliance on
Suspicious Non-Verbal Cues,” Policing: An International Journal of Police Strategies and
Management 30, no. 2 [June 2007]: 277–90.)
Johnson went back and looked at old episodes of the half-hour television documentary Cops.
You may remember this show: it began in 1989 and still airs today, making it one of the longest-
running programs on American television. A camera crew rides along with a police officer and
films—cinema verité–style, without narration—whatever happens on that particular shift. (It’s
strangely riveting, although it’s easy to forget that what you see on a typical Cops show is
heavily edited; police officers simply aren’t that busy.) Johnson watched 480 old episodes of
Cops. He was looking for interactions between a police officer and a citizen in which the citizen
was on camera, from the waist up, for at least sixty seconds. He found 452 segments like that.
Then he divided the segments into “innocent” and “suspect,” based on the information provided
in the show. Was this the mother, child in arms, whose home had just been burglarized? Or was
this the teenager who ran the instant he saw the police, and was found with the woman’s jewelry
in his backpack? Then he subdivided his collection of clips one more time by race—white, black,
and Hispanic.
It should be pointed out that there is a small mountain of research on so-called demeanor cues.
But Johnson’s study is special because it was not done in a college psychology lab. It’s real life.
Let’s start with what many police officers believe to be the most important demeanor cue—eye
contact. The Reid Technique’s training manual—the most widely used guide for law
enforcement—is clear on this: People who are lying look away. Truthful suspects maintain eye
contact.
So what does Johnson find when he examines this idea in the light of real-world interactions on
Cops? Are the innocent more likely to look an officer in the eye than the guilty?
Johnson calculated the total number of seconds of eye contact per minute of footage.
Black people who are perfectly innocent are actually less likely to look police in the eye than
black people who are suspected of a crime. Now let’s look at white people:
The first thing to note here is that Caucasians on Cops, as a group, look police officers in the eye
far more than black people do. In fact, whites suspected of a crime spend the most time, of all
four groups, looking the police officer in the eye. If you use gaze aversion as a cue to interpret
someone’s credibility, you’re going to be a lot more suspicious of black people than white
people. Far worse, you’re going to be most suspicious of all of perfectly innocent African
Americans.
OK. Let’s look at facial expressions. The Reid Technique teaches police officers that facial
expressions can provide meaningful clues to a suspect’s inner state. Have I been found out? Am I
about to be found out? As the manual states:
“The mere fact of variation of expressions may be suggestive of untruthfulness, where the lack of
such a variation may be suggestive of truthfulness” (Reid et al., Essentials of the Reid Technique,
p. 99).
This is a version of the common idea that when someone is guilty or being evasive, they smile a
lot. Surveys of police officers show that people in law enforcement are very attuned to “frequent
smiling” as a sign that something is awry. To use the language of poker, it’s considered a “tell.”
Here is Johnson’s Cops analysis of smiling. This time I’ve included Johnson’s data on Hispanics
as well.
Once again, the rule of thumb relied upon by many police officers has it exactly backward. The
people who smile the most are innocent African Americans. The people who smile the least are
Hispanic suspects. The only reasonable conclusion from that chart is that black people, when
they are on Cops, smile a lot, white people smile a little bit less, and Hispanic people don’t smile
much at all.
Let’s do one more: halting speech. If someone is trying to explain themselves, and they keep
nervously stopping and starting, we take that as a sign of evasion or deception. Right? So what
does the Cops data say?
The African American suspects speak fluidly. The innocent Hispanics are hemming and hawing
nervously. If you do what the Reid manual says, you’ll lock up innocent Hispanics and be fooled
by guilty African Americans.
Does this mean we simply need a better, more specific set of interpretation rules for police
officers? Watch out for the smooth-talking black guy. White people who don’t smile are up to no
good. No! That doesn’t work either, because of the enormous variability Johnson uncovered.
Take a look, for example, at the range of responses that make up those averages. Eye contact for
innocent African Americans ranged from 7 seconds to 49.41 seconds. There are innocent black
people who almost never make eye contact, and innocent black people who make lots of eye
contact. The range for smiling for innocent black people is 0 to 13.34. There are innocent black
people who smile a lot—13.34 times per minute. But there are also innocent black people who
never smile. The “speech disturbances” range for innocent Caucasians is .64 to 9.68. There are
white people who hem and haw like nervous teenagers, and white people who speak like
Winston Churchill. The only real lesson is that people are all over the map when it comes to
when and how much they smile, or look you in the eye, or how fluidly they talk. And to try to
find any kind of pattern in that behavior is impossible.
Wait! I forgot one of the Reid Technique’s big clues: watch the hands!
During a response, a subject’s hands can do one of three things. They can remain uninvolved and
unmoving, which can be a sign that the subject lacks confidence in his verbal response or is
simply not talking about something perceived as very significant. The hands can move away
from the body and gesture, which is called illustrating. Finally, the hands can come in contact
with some part of the body, which is referred to as adaptor behavior. (Reid et al., p. 96).
What follows is an explanation of how hand movements do and don’t contribute to our
understanding of truthfulness. The Reid Technique assumes there is a pattern to hand movement.
Really? Here are Johnson’s hand-movement data. This time I’ve included the range of responses
—the shortest recorded response in the second column and the longest in the third column. Take
a look:
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