Capper No Cap: Cognitive Load Approach in the Context of Deception Stakes, Age, and Forensic Settings

Abstract

Deception detection is a crucial yet formidable process within the criminal justice system. The cognitive load approach is a novel methodology for deception detection, which draws upon the cognitive theory emphasising that lying imposes a greater mental tax than truth-telling. This approach has garnered significant attention and is currently undergoing rigorous laboratory testing. Nevertheless, most researchers who advocate for the effectiveness of the cognitive load approach tend to overlook the potential impact of specific contexts that might undermine the accuracy of employing this approach. This review paper addresses three types of contexts that may impact the effectiveness of the cognitive load approach: a) the stakes of deceptions, b) the age of candidates, and c) the authenticity of interviews. In general, the cognitive load approach exhibits more reliability and a higher likelihood of enhancing the deception detection rate in high-stakes contexts than in low-stakes contexts. In comparison with adolescents or adults, this approach appears to be less predictable or consistent when used among young children. Moreover, the cognitive load approach in legal systems seems less viable in real-life applications than in controlled laboratory settings.