Forensic Interviews and Interrogation Final

1. Subject believes their guilt is known they’re caught

2. They want to get it behind them

3. They want to explain

4. Overwhelming Self Grief

5. Pride in their “accomplishment”

6. They’re covering up other crimes

7. They make a false confession

8. You conduct an improper interrogation

Why do people confess?

Improper interrogation

Torture, promises and guarantees, threats, spoon feeding

They make a false confession

Happens because of the interrogator, interrogation, voluntary

They're covering up other crimes

Minimize their wrongdoing, protect others, “Tosses you a bone”

Pride in their “accomplishment”

Sense of well being (the endorphins kicked in), group dynamics (enhances their reputation), spontaneous admission (slippage)

Overwhelming Self Grief

First time offender, seeking forgiveness, looking for relief from inner turmoil, “I’m really sorry”

They want to explain

Did no wrong, they put their spin on it, justify why they did it, confirm their right to the action, “This is all a misunderstanding”, “I have a system”

They want to get it behind them

I was going to keep doing this, I can’t control myself, looking for quid pro quo, let’s get this over with, “Enough with all this foolishness

Subject believes their guilt is known

They’re caught, #1 universal reason, the interrogator is confident in manner, approach, speech and leads the subject into making the right decision

“People will understand and support you - I know you regret what has happened"

“This situation will not go away, You need to get this behind you”

“Do you have the courage and the ability to… - … say you made a mistake?”

Good interrogator statements leading to admissions

Because you are doing your job

People confess…

Going to jail, attorney fees, jury trial

The fear of being arrested

Losing job, no income, debarment

The fear of job termination

To the company, to numerous victims, money is gone

The fear of restitution

From co-conspirators, from victims, others affected

The fear of safety issues (retaliation)

#1 Universal fear, fellow employees, community, and family

The fear of embarrassment

Seriousness of the lie - Fear of consequences

Lack of enforcement - Everybody’s doing it

Cultural differences - lying is the norm

Concerns about other crimes - might be discovered

Involvement of others - Everyone, keep your mouths shut

Cannot recall - drugs and alcohol

Reasons your subject might not confess

Subject’s decision - understand… (What happened, their fears)

Bad environment - change it

Interrogator Errors - common mistakes

Common Causes of Denials

Privacy - ensure it exists

Supportive environment - neutral location

Positioning - shift things around

How to fix/prevent denials

Highlighting consequences - harsh words

Wrong evidence - bad investigation

Your silence - perceived as a lack of proof

Your questioning - too helpful, talk too fast

Common mistakes by an interrogator

Interrogator - attitude, biases, and/or actions

Bad interrogator statements

#1 most common cause of denials?

There is always an opportunity to learn something - if you’re not learning, you’re not listening

Don’t think you have it “all figured out” - criminals know more about their crimes than you do

Lessons in Listening

“When our investigation is completed, it will clearly show us… who is involved or who is not involved…

At the start of an interview, you might say…

No

“So let me ask you, did you…?” - Is this a good accusation?

“The investigation clearly shows that you were involved”

At the start of an interrogation you might say:

Emphatic Denial

“No, I didn’t do it”, refusal to acknowledge your valid accusation, defensive move (“The Shield”)

Use your non-verbal behavior, break eye contact, turn or shake your hand, “talk to the hand”

Stopping the denial

Cut off denial and reaccuse or use the bait question

Handling an Emphatic Denial

Watch subject’s non-verbal behavior, be ready to respond - head shaking, inhales, tightening lips

Anticipating a denial

1. Use their first name

2. Talk faster or louder

3. Fluctuate your voice

“But the investigation clearly shows that you…”