Abstract
Much of the available research on police decision-making in criminal investigations tends to focus on the detrimental effects of cognitive bias in live/current homicide investigations, and not on how it might have a negative influence on investigative decision-making in cold case homicides. This arguably indicates the existence of a common assumption that, live or cold, criminal investigations require the same decision-making and so are vulnerable to the same bias and in the same ways. This chapter suggests that the very term ‘cold case’ is likely to have a different psychological bias effect on investigators of cold cases and to pose potentially a far stronger negative influence on the decisions that are made in cold as opposed to live cases. The idea that cold cases necessitate a different ‘investigative mindset’ to live cases is posited here, along with the suggestion that investigator confidence is likely to be undermined by an inherent framing effect which comes into play when people are told that they are to investigate a cold case, that does not with live cases. Also discussed are the implications of having to make decisions based on the result of numerous previous decisions made by prior police investigators, might have on cold-case investigators. This may in turn serve to increase the likelihood of confirmation bias when investigators review cold cases as they make decisions within a far more pessimistic frame than they do for live cases. The chapter ends with a tentative research agenda for increasing our understanding of decision-making processes in cold case homicide investigations.
A shorter version of this chapter was published as Roach, J. (2017). The Retrospective Detective. Cognitive Bias and the Cold Case Homicide Investigator. Papers from the British Criminology Conference. Vol. 17. ISSN 1759-0043. Found at: http://www.britsoccrim.org/wp-content/uploads/2017/12/The-Retrospective-Detective.pdf.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Thank you to one of my colleagues (Dr. Wright) for pointing out that unless I am upfront about this early in chapter, then some readers may become disappointed waiting for a train that never comes. Hopefully any potential disappointment has now been avoided.
- 2.
Interestingly when I asked if they often recovered the items stolen in the burglaries that they were investigating, all three said that they did not usually, but did find some from other burglaries, so always a ‘result’!
- 3.
Theses and guidance on specific forms of homicide (e.g. child) are grouped together by the College of Policing under Authorised Professional Practice and can be found at https://www.app.college.police.uk/app-content/major-investigation-and-public-protection/homicide/? (Accessed on the 12 December 2016).
- 4.
I am currently putting my money where my mouth is and running a series of experiments with police investigators using Decision Board Analysis and I am now lucky enough to have a Ph.D. student currently researching cold case decision-making.
References
Ask, K., & Granhag, P. A. (2005). Motivational Sources of Confirmation Bias in Criminal Investigations; the Need for Cognitive Closure. Journal of Investigative Psychology and Offender Profiling, 2, 43–63.
Ask, K., & Granhag, P. A. (2007). Motivational Bias in Criminal Investigators’ Judgments of Witness Reliability. Journal of Applied Social Psychology, 37(3), 561–591.
Atkin, H., & Roach, J. (2015). Spot the Difference: Comparing Current and Historic Homicide Investigations in the UK. Journal of Cold Case Review, 1(1), 5–21.
Begley, S. (2005). People Believe a ‘Fact’ That Fits Their Views Even If It’s Clearly False. Science Journal, p. b1 (Cited in Rossmo, 2009 ibid.).
Borg, M. J., & Parker, K. F. (2001). Mobilizing Law in Urban Areas: The Social Structure of Homicide Clearance Rates. Law Society Review, 35, 435–466.
Davis, R. C., Jensen, C. J., Burgette, L., & Burnett, K. (2014). Working Smarter on Cold Cases: Identifying Factors Associated with Successful Cold Case Investigations. Journal of Forensic Sciences, 59(2), 375–381. https://doi.org/10.1111/1556-4029.12384.
Dugan, L., Nagin, D. S., & Rosenfield, R. (1999). Explaining the Decline in Intimate Partner Homicide: The Effects of Changing Domesticity, Women’s Status, and Domestic Violence Resources. Homicide Studies, 3(3), 187–214.
Evans, J. St. B. T. (1989). Bias in Human Reasoning: Causes and Consequences. Hillsdale, NJ: Erlbaum.
Fahsing, I., & Ask, K. (2013). Decision Making and Decisional Tipping Points in Homicide Investigations: An Interview Study of British and Norwegian Detectives. Journal of Investigative Psychology and Offender Profiling, 10, 155–165.
Fox, J. (2007). Police Investigation in Unexpected Childhood Deaths. In P. Sidebotham & P. Fleming (Eds.), Unexpected Death in Childhood: A Handbook for Practitioners (pp. 132–153). Chichester: Wiley.
Gaylor, D. (2002). Getting Away with Murder: The Re-investigation of Historic Undetected Homicide. London, UK: Home Office.
Gollwitzer, P. M. (1990). Action Phases and Mindsets. In E. T. Higgins (Ed.), Handbook of Motivation and Cognition: Foundations of Social Behaviour (Vol. 2, pp. 53–92). New York: Guidford Press.
Gollwitzer, P. M., Heckhausen, H., & Steller, B. (1990). Deliberative and Implemental Mindsets: Cognitive Tuning Towards Congruous Thoughts and Information. Journal of Personality and Social Psychology, 59(6), 119–1127. https://doi.org/10.1037/0022-3514.59.6.1119.
Heur, R. J., Jr. (1999). Psychology of Intelligence Analysis. Washington, DC: Center for the Study of Intelligence, Central Intelligence Agency.
Higgins, E. T. (1996). Knowledge Activation: Accessibility, Applicability and Salience. In E. T. Higgins & A. W. Kruglanski (Eds.), Social Psychology: Handbook of Basic Principles (pp. 133–168). New York: Guildford Press.
Kahneman, D. (2003). Maps of Bounded Rationality: Psychology for Behavioural Economics. The American Economic Review, 3(5), 1449–1475.
Kahneman, D. (2011). Thinking Fast and Slow. New York: Farrer, Straus and Giroux.
Marshall, D. (2012). Effective Investigation of Child Homicide and Suspicious Deaths. Oxford: Oxford University Press.
McLean, M., & Roach, J. (2011, May). The Trouble with Being Human: Cognitive Bias and the Police Interview. The Investigator Magazine.
Nickerson, R. S. (1998). Confirmation Bias: A Ubiquitous Phenomenon in Many Guises. Review of General Psychology, 2, 175–220.
Ousey, G. C., & Lee, M. R. (2009). To Know the Unknown: The Decline in Homicide Clearance Rates, 1980–2000. Criminal Justice Review, 35, 141–158.
Roach, J. (2012). Long Interval Detections and Under the Radar Offenders. Journal of Homicide and Major Incident Investigation, 8(1). Hampshire: ACPO/Centrex.
Roach, J. (2016). No Necrophilia Please, We’re British. In L. Mellor, A. Aggrawal, & E. Hickey (Eds.), Understanding Necrophilia: A Global, Multidisciplinary Approach (pp. 87–102). San Diego: Cognella.
Roach, J., & Pease, K. (2009). Necropsies and the Cold Case. In D. K. Rossmo (Ed.), Criminal Investigative Failures (pp. 327–348). Boca Raton: CRC Press.
Roach, J., & Pease, K. (2014). Police Overestimation of Criminal Career Homogeneity. Journal of Investigative Psychology and Offender Profiling, 11(2), 164–178.
Rossmo, D. K. (Ed.). (2009). Criminal Investigative Failures. Boca Raton: CRC Press.
Snyder, M., & Swann, W. B. (1978). Hypothesis—Testing Processes in Social Interaction. Journal of Personality and Social Psychology, 36, 1202–1212.
Stanovich, K. E., & West, R. F. (2000). Individual Differences in Reasoning: Implications for the Rationality Debate? Behavioural and Brain Sciences, 23(5), 645–665.
Stelfox, P. (2008). Criminal Investigation. Cullompton: Willan.
Stelfox, P., & Pease, K. (2005). Cognition and Detection: Reluctant Bedfellows? In M. Smith & N. Tilley (Eds.), Crime Science: New Approaches to Preventing and Detecting Crime. Cullompton: Willan.
Wason, P. C. (1968). Reasoning About a Rule. Quarterly Journal of Experimental Psychology, 20, 273–281.
Wright, M. (2013). Homicide Detectives’ Intuition. Journal of Investigative Psychology and Offender Profiling, 10, 182–199.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Copyright information
© 2019 The Author(s)
About this chapter
Cite this chapter
Roach, J. (2019). The Retrospective Detective: Cognitive Bias and the Cold Case Investigation. In: Roycroft, M., Roach, J. (eds) Decision Making in Police Enquiries and Critical Incidents. Palgrave Pivot, London. https://doi.org/10.1057/978-1-349-95847-4_8
Download citation
DOI: https://doi.org/10.1057/978-1-349-95847-4_8
Published:
Publisher Name: Palgrave Pivot, London
Print ISBN: 978-1-349-95846-7
Online ISBN: 978-1-349-95847-4
eBook Packages: Law and CriminologyLaw and Criminology (R0)