Asymmetric Information in Criminal Suspect Statements: Verbal and Non-Verbal Responses
Asymmetric information in a criminal investigation refers to a situation in which the suspect and the investigating authorities possess different levels, types, or access to information concerning the alleged offence, the evidence, and the investigative process.
In the context of a suspect's statement, this asymmetry may arise between:
- Verbal responses — what the suspect expressly says, including answers, explanations, denials, admissions, qualifications, and refusals to answer.
- Non-verbal responses — observable conduct accompanying or occurring in the absence of verbal communication, such as gestures, posture, facial expressions, pauses, or other physical reactions.
The distinction is important because a verbal statement constitutes communicative content, whereas a non-verbal reaction does not necessarily establish the truth, falsity, or evidentiary meaning of the underlying allegation.
Accordingly, investigators should distinguish between:
«What the suspect communicates, what the suspect does, and what the investigator infers from that communication or conduct.»
An investigator's inference from a non-verbal response should not automatically be treated as an admission, confession, or proof of guilt. Its evidentiary significance depends upon the applicable law, the circumstances in which the response occurred, and the safeguards governing the examination of suspects.
From an information-theoretic perspective, the investigative process can therefore be represented as:
Known Information of Authorities ≠ Known Information of Suspect → Information Asymmetry → Questioning/Response → Evidence Assessment
The resulting assessment should preserve the distinction between fact, statement, observable conduct, and inference.
Comments
Post a Comment