Cultural and Bias Awareness Improve the Quality of Investigations

A common notion is that certain tell-tale signs, such as not making eye contact, can be used as sure indicators that a person is lying. However, forensic investigator Ruben Naiker, CFE, points out that there may be other reasons, such as culture or personality, for why an individual might exhibit certain behaviors besides dishonesty. Understanding cultural differences and being aware of one’s personal biases during interviews are crucial for achieving accuracy in investigations, said Naiker during a presentation on the topic at the 34th Annual ACFE Global Fraud Conference. 

Investigators will often go into an interview with certain biases as they seek evidence that supports their prior beliefs. Sometimes these biases are obvious and sometimes they’re more subtle. Halo bias, for example, means that a suspect’s credibility is based on their looks. Investigators may see a better-looking person as less guilty, while they may be more inclined to misjudge a disheveled suspect. Naiker warned that we need to become more aware of the implications of prejudicial stereotyping. Simply acknowledging this human trait and asking if you are being biased will make all the difference in investigations and lead to stronger prosecutions.  

Naiker explained that many of the behaviors people demonstrate are specific to their particular culture. A greater awareness of different cultural traits will allow an investigator to read interviewees more accurately and prevent them from jumping to false conclusions. For example, deception doesn’t appear the same across all cultures. While some may break eye contact when lying, others may simply close their eyes to concentrate or recall information. Even a simple gesture such as pocketing a business card can be standard behavior in one culture and considered extremely rude in another. The question an investigator must ask is whether what they’re seeing is an indication of lying or a cultural norm. 

People in close interpersonal relationships can often tell if their spouse or child is lying even without evidence. They know the person and have a gut-feeling that their family member is not telling the truth, without much evidence. But interviewers don’t have that advantage, and so they must rely on an evidence-based approach and make a call based on what they see, said Naiker.  

While studies have shown that cultures differ in how they express and recognize emotional facial expressions, a common finding is that individual behavior changes when one is lying, said Naiker. There may be cues indicating anxiety, nervousness or incongruent responses. Investigators can read these cues by having a baseline assessment. To baseline a person’s behavior, Naiker suggests asking the interviewee general, appropriately personal questions and questions you already know the answer to. Then you can benchmark when the interviewee’s behavior changes or when they show signs of discomfort. 

An evidence-based approach to investigations will produce better results than conclusions made based on biases. Naiker recommends doing research on different cultures to better understand various norms and standards for behavior. Just because someone “looks” guilty, it doesn’t mean they are. Focus on the evidence.