Interview and Interrogation

Differences Between Interview and Interrogation

• Interview:

  • Non-accusatory, fact-finding conversation.

  • Typically involves witnesses or victims.

• Interrogation:

  • Accusatory, focused on obtaining a confession.

  • Often involves suspects who may be in custody.

• Understanding the nuances helps in conducting effective and legally sound interactions.

Practical Problems in Interview and Interrogation

• Limited cooperation or resistance from subjects.

• Detecting deception or reluctance to speak.

• Maintaining control over the environment and ensuring legality.

Factors Impacting Voluntariness of Statements

• Conditions:

  • Duration of interrogation, psychological pressure, or physical conditions.

• Actions:

  • Threats, promises of leniency, or coercion can make statements involuntary.

• Legal Impact:

  • Voluntariness is key to determining whether a statement can be used in court.

Definition of Direct Questioning

• Straightforward questioning to obtain specific information.

• Examples:

  • "Where were you on the night of the incident?"

  • "Did you know the victim?"

Definition of Functional Equivalent

• Actions or statements designed to provoke an incriminating response without directly asking questions.

• Examples include:

  • Making statements like "We found their fingerprints at the scene."

  • Using psychological tactics or scenarios, such as discussing evidence or other suspects, to provoke a reaction from the suspect.

Goal of Interrogation

• Ultimate Goal:

  • Identify the responsible party for the crime and eliminate the innocent from suspicion.

• Truth is Key:

  • Obtain facts that support the truth of the situation.

  • Gather information that proves the elements of the crime or provides leads for further investigation.

Who Do We Interview?

• Victims: People who have directly experienced or been affected by the crime.

• Witnesses: Individuals who may have seen or heard something related to the crime.

• Suspects: People who are believed to have committed the crime.

• Others: Anyone who might have relevant information (e.g., family members, neighbors).

Before Your Interview…

Be Prepared: Proper preparation is crucial for success.

• Mindset: Be focused and calm.

• Knowledge: Understand the case details, evidence, and your objectives.

• Determination: Be persistent and committed to getting the necessary information.

Sources of Information in an Interview

• Reports and Records:

  • Official documents, case files, and previous reports that provide background information.

• Non-Suspect Persons:

  • Individuals who aren’t suspects but have knowledge about the crime (e.g., witnesses, bystanders).

• Suspects:

  • Those directly involved or believed to be involved in the crime, who may provide valuable information.

Reports and Records: Key Sources of Information

• Types of Reports and Records:

  • Preliminary Reports

  • Follow-up Investigative Reports

  • Offense and Arrest Records

  • Lab Reports

  • Information Cards

  • Fingerprint Files

  • Missing Persons Reports

  • Gun Registrations

  • Wanted Bulletins

  • Coroner’s or Autopsy Reports

  • Witness Statements

• How to Use Reports:

  • Read all reports related to the case and consult with officers working in the relevant areas.

  • Investigate the suspect's habits, associates, and criminal record.

  • Examine the Modus Operandi (MO) to understand the suspect's behavior patterns.

Complainant / Reporting Party

• Definition: A person who requests that action be taken in relation to a crime.

• Importance:

  • One of the most important witnesses to the crime.

  • Willing to be involved and provide information.

• Example: Often the 911 caller who reports the incident.

Witness

• Definition: A person who saw, heard, or otherwise experienced the crime or part of it.

• Value:

  • A good source of information and often provides the best testimonial evidence.

  • Personal knowledge is gained through one of the senses (sight, sound, smell, touch, taste).

• Challenges:

  • Some witnesses may be reluctant to come forward.

  • Strategies include canvassing the neighborhood or making public appeals in the media (e.g., in high-profile cases).

Victim

• Definition: The person who is injured or suffers a loss due to the crime.

• Relationship to the Case:

  • Frequently also the complainant.

• Emotional Impact:

  • Victims may be experiencing emotions such as anger, fear, guilt, or embarrassment.

• Caution:

  • Victims might exaggerate or distort events due to their emotional state.

Informant

• Definition: Any individual who can provide information about the case.

• Types of Informants:

  • May be an interested citizen or a paid informant.

• Important Guidelines:

  • Never make promises or deals with informants.

  • Informants may not remain anonymous in certain situations:

    • When disclosure is essential to ensure a fair determination of the case.

    • When the informant is an eyewitness to the crime.

    • When their testimony is relevant to guilt or innocence.

    • When an alibi is provided by the accused that the informant may contradict.

Suspects

• Definition: A person directly or indirectly connected to the crime.

• Types of Involvement:

  • Complicity, principal, conspiracy, or accessory.

• Role as a Source of Information:

  • Suspects can also provide information during interrogation or investigation.

• Becoming a Suspect:

  • A person can become a suspect through information provided by others or by their own actions.

Enhancing Communication in Interviews and Interrogations

• Preparation:

  • Prepare in advance and know the key questions that need to be answered.

• Timing:

  • Obtain information as soon as possible after the crime.

• Emotional Consideration:

  • Be aware of and considerate towards the subject’s emotions.

• Personal Connection:

  • Be friendly and use the person’s name. Make eye contact and engage actively with their responses.

• Setting:

  • Use a private setting to reduce distractions and encourage focus on the conversation.

  • Eliminate physical barriers (e.g., no desk or counter between you and the subject).

  • Sit instead of standing to make the subject more comfortable.

• Encouraging Conversation:

  • Keep your talking to a minimum.

  • Use open-ended questions (e.g., "Tell me what you saw").

  • Avoid yes/no questions and give time for thoughtful responses.

  • Ask simple questions using plain language (avoid police jargon).

  • Listen carefully to both what is said and how it is said.

  • Watch for signs of tension, nervousness, fear, or guilt.

Barriers to Communication in Interviews and Interrogations

• Ingrained Attitudes:

  • The belief that telling the truth to the police is wrong (e.g., “Snitch” and “Rat” labeling).

  • Some view it as a problem for the police, not for the public.

• Prejudices:

  • Prejudices based on race, religion, economic status, education, or place of upbringing.

  • The police officer role itself may sometimes be a barrier.

• Physical Appearance:

  • Perceptions based on the officer’s appearance (e.g., sloppy or overly formal).

• Fear:

  • Fear of retribution or revenge.

  • Concerns for the safety of family members.

  • Worry about losing pay and benefits if involved in the criminal justice system.

• Self-preservation:

  • Suspects’ fear of guilt, consequences of telling the truth, and potential prison sentences.

  • Fear of revenge from accomplices.

Characteristics of the Effective Interviewer/Interrogator

• Adaptability:

  • Ability to understand people from diverse cultural and educational backgrounds.

  • Meet subjects at their level and adapt to their personalities and lifestyles.

• Self-Control and Patience:

  • Remain sympathetic yet uninvolved, allowing time for responses while guiding the conversation.

• Confidence and Optimism:

  • Demonstrate command of the situation.

  • Convey that you already know key details and are corroborating information.

  • Stay optimistic, even with tough suspects or when an attorney is present.

• Objectivity:

  • Stay focused on the goal of obtaining accurate information.

  • Avoid preconceived notions or personal biases that could affect questioning.

• Sensitivity to Individual Rights:

  • Be mindful of the rights of others and society. Use reason and patience to overcome resistance.

• Knowledge of the Elements of the Crime:

  • Be well-versed in the key facts of the case and use questions that target the elements of the crime under investigation.

The Interview: Key Guidelines

• Purpose of Interviewing:

  • Interviewing is about questioning people, obtaining information, and reading between the lines.

• Witness Separation:

  • Interview witnesses separately, if possible, to prevent contamination of stories.

  • Ask witnesses not to speak with each other or compare stories until they have written or been interviewed.

• Priority in Interviews:

  • High Priority: Find, detain, and separate witnesses.

  • First Interview: Start with the Reporting Party (R/P), as they can often help determine if a crime occurred and where.

  • Next Steps: Interview those who know what happened, how, and why.

• Neighborhood Canvas:

  • Conduct a canvas of the area to uncover additional or reluctant witnesses.

• Recording Information:

  • Record both positive and negative information; even what a witness didn’t see may be crucial.

• Approach:

  • The goal is to gather information, so avoid aggression. Cooperation is key.

• Listen:

  • Listen attentively to all details shared.

Selecting the Time & Place for the Interview

• Crime Scene Interviews:

  • Crime scene arrivals leave little to no opportunity for planning.

• Scheduled Interviews:

  • Should take place at your station or a designated facility (e.g., PD, office).

• Documentation:

  • Document all spontaneous statements made by individuals at the scene.

• Timing for Witnesses:

  • Witnesses are usually best able to recall details immediately after the incident.

Start with Rapport

• Friendly but Professional:

  • Make your initial contact friendly, yet maintain professionalism.

• Importance of Rapport:

  • Rapport is the most critical factor in any interview.

  • It’s the mutual understanding built through genuine interest and concern.

• Enhancing Rapport:

  • Listening carefully and showing concern enhances rapport and encourages cooperation.

Interviewing Techniques: Initial Steps

• Location: Select a comfortable, private location for the interview.

• Start with Friendly Small Talk:

  • Begin with casual conversation to ease tension.

• Create Mutual Exchange:

  • Make the interview feel like a collaborative conversation.

• Use Deception Sparingly:

  • Use deception only when absolutely necessary and with caution.

• Listen and Empathize:

  • Pay close attention to what the subject is saying and show empathy.

• Question Wisely:

  • Keep questions short, focused, and on one topic at a time.

Signs of Deceptive Behavior & Body Language

• Point Out Conflicts:

  • Highlight discrepancies in statements to gauge reactions.

• Signs of Lying:

  • Look for deceptive body language and physical signs of anxiety:

    • Looking down, rolling eyes, covering eyes or mouth with hands, rubbing around the mouth, or licking lips.

    • Intermittent coughs, rapid breathing, or a change in facial color.

    • Tapping fingers or avoiding eye contact.

    • Phrases like, "I swear on my mother’s grave".

• Anxiety:

  • Understand that anxiety is common for ordinary citizens, but threatening behavior from the officer can cause deceptive behaviors from truthful people.

Reluctant Interviewees: Approaches and Techniques

• Two Approaches:

  • Logical Approach:

    • Based on reason, explaining the benefits of cooperating.

    • Highlight the problems when those who know about the crime do not cooperate.

  • Emotional Approach:

    • Taps into negative feelings like hate, anger, greed, revenge, pride, and jealousy.

    • Use statements like, "Anyone else in the same situation would act the same."

    • Warn about the serious consequences of withholding information.

• Observing Behavior:

  • Watch for rapid breathing, nervousness, unusual expressions, perspiration, or agitation.

• Direct vs. Indirect Questions:

  • Direct Questions: Ask clear, to-the-point questions.

  • Indirect Questions: Use sparingly; avoid skirting the issue too much.

Repetitive Questions & Cognitive Interview Techniques

• Repetitive Questions:

  • Best for uncovering lies and enhancing recall.

  • Truthful stories: Will be consistent but may be phrased differently each time.

  • Lies: Tend to be rehearsed, recited in a specific order.

  • Tip: Ask interviewees to start at different points or shuffle the story to spot inconsistencies.

• The Cognitive Interview:

  • Conduct in a secluded, quiet space free from distractions.

  • Encourage the subject to speak slowly and recall details.

  • Effective for:

    • Subjects struggling to remember events or details.

    • Reconstructing circumstances: What they felt, what they saw, smells, surroundings.

    • Report everything: Even seemingly unimportant details.

  • Techniques:

    • Recall in different orders: Ask them to recount events in reverse chronological order.

    • Change perspectives: Have them imagine the perspective of another person involved.

  • Follow-up Questions:

    • Appearance: Did the person remind you of anyone?

    • Names: What was the first letter of the name you heard?

    • Numbers: How many? High? Low?

    • Speech: What did the voice remind you of?

    • Conversations: What was your reaction to what was said?

The Interrogation: Key Questions and Objectives

• Three Key Questions to Ask:

  1. Did you do it?

  2. Is there anything else you want to say?

  3. Did you lie to me earlier?

• Three Primary Objectives:

  • Ascertain guilt or innocence: Determine if the subject is the offender.

  • Eliminate the innocent: Gather information and evidence to rule out innocence.

  • Obtain a confession or information: Secure a confession from the guilty and/or information about other involved individuals.

Miranda Requirements: Overview & Key Components

• Conditions for Miranda Rights:

  • In custody and interrogated by law enforcement.

  • No Supreme Court requirement to memorize, but must know key provisions (consider having them on a card).

• Three Parts of Miranda:

  1. Advisement – Inform the individual of their rights.

  2. Acknowledgment/Understanding – Ensure the individual understands their rights.

  3. Waiver – Voluntarily waive their rights to remain silent and have an attorney.

• Key Notes:

  • Silence is not a waiver of rights.

  • Waiver must be voluntary, intelligent, and knowing.

  • Interrogation includes not just direct questioning, but any actions that could reasonably elicit an incriminating response (as per Rhode Island v. Innis, 1980).

• 5th Amendment vs. 6th Amendment Rights:

  • 5th Amendment: Right to remain silent and protection against self-incrimination during custodial interrogation.

  • 6th Amendment: Right to counsel during criminal prosecutions, and it attaches once formal charges are made.

Public Safety Exception to Miranda Rights (New York v. Quarles, 1984)

• Case Summary (New York v. Quarles, 1984):

  • The Supreme Court ruled that Miranda rights do not need to be read immediately if there is a public safety exception.

  • In this case, an officer questioned Quarles about the location of a weapon before reading him his Miranda rights, fearing the weapon posed an immediate threat to public safety.

• The Court’s Decision:

  • The Court did not suppress Quarles’s statement about the gun and the gun itself.

  • It was determined that the officer’s questioning was justified by a public safety concern (i.e., the risk of the weapon being used against others).

• Key Takeaway:

  • Public Safety Exception: In situations where there is an urgent threat to public safety, law enforcement officers can ask questions before advising an individual of their Miranda rights.

Interrogation Techniques: Time, Place, and Approaches

• Selecting the Time & Place:

  • Conduct as soon as possible after the crime to capture fresh details.

  • Location:

    • Choose an unfamiliar place (e.g., police station) away from family and friends.

    • Ensure it's private and free from distractions.

  • Room Setup:

    • Only the suspect, their attorney (if requested), and interviewer(s) should be present.

    • A plain setting maintains the suspect’s attention.

• Starting the Interrogation:

  • Letting the suspect sit alone can increase anxiety.

  • Take command upon entering, identify yourself, and don’t be arrogant.

  • Decide on the technique (friendly or authoritarian) to manage anxiety.

  • If needed, provide the Miranda Advisal.

• Establishing Rapport:

  • Start with small talk to lower the suspect’s guard.

  • This can often be done outside the interview room and off-camera.

  • Knowing the circumstances of the crime can help build rapport.

  • Do not make promises during the conversation.

• Questioning Techniques:

  • Create a casual atmosphere: Offer water, coffee, or a bathroom break.

  • Establish credibility: Show knowledge of the crime and suspect’s background.

  • Compliment the suspect to make them feel good about themselves.

  • Cast doubt on the suspect's current beliefs: Associate loyalty or behavior with others.

  • Provide alternative reasons: "Acted out of character" or "it was a spur-of-the-moment decision."

• Approaches to Interrogation:

  • Indirect vs. Direct Questions:

    • Indirect: "Have you ever been near Elm Street?"

    • Direct: "Did you break into 1234 Elm Street?"

  • Force responses: Ask questions that implicate the suspect (e.g., "What time did you arrive?").

• Ego Manipulation:

  • Deflate the ego: "We know you couldn’t have done it, you're not smart enough."

  • Inflate the ego: "You had the skills to pull this off."

• Minimizing or Maximizing the Crime:

  • Avoid harsh crime labels (e.g., "robbery," "murder").

  • Overstate the value of stolen items to make the crime seem more serious.

Competency Considerations in Interrogation

Key Factors to Assess Competency:

• Education: Consider the suspect’s level of education and how it may affect their understanding of the situation.

• Intelligence: Assess the suspect’s cognitive abilities to ensure they can comprehend questions and provide coherent answers.

• Literacy: Ensure the suspect can read and understand any written materials (e.g., Miranda warnings).

• Physical/Mental Capacity: Consider any physical or mental conditions that may affect the suspect’s ability to participate in the interrogation.

• Drugs or Alcohol: Determine if the suspect is under the influence, as it may impair their ability to make rational decisions.

• Language Barriers: Ensure the suspect understands the language used or provide an interpreter if necessary.

• Age: Consider if the suspect is a minor or elderly, as these factors may affect their ability to understand the situation.

• Injuries: Be mindful of any physical injuries that could hinder communication or comfort during the interrogation.

Interrogation Do's and Don'ts

• DON'T Do It:

  • Physical Force: Never use physical force or the threat of it during interrogation.

  • Third Degree Tactics:

    • Do not deny food, water, or sleep for abnormal periods of time.

    • Avoid denying bathroom breaks.

    • Do not subject the suspect to prolonged questioning by multiple officers in shifts.

• Legal Considerations:

  • Fruit of the Poisonous Tree: Using illegally obtained evidence can undermine the case.

  • Good Cop/Bad Cop: Avoid using manipulation techniques that could lead to coerced confessions or unreliable information.

• What You Can and Cannot Do in Interrogation:

  • Don’t Misrepresent the Nature of the Offense: Do not lie about the crime (e.g., telling the suspect the victim is still alive when they are not).

  • Don’t Lessen the Moral Consequences: Do not offer excuses (e.g., blaming the victim in a rape case).

  • Don’t Misrepresent Your Identity: Avoid pretending to be someone else, such as a reporter or a fellow inmate.

  • Don’t Overstate Evidence: Do not falsely claim that physical evidence (e.g., fingerprints or bloodstains) or confessions from accomplices exist when they do not.

Interrogation Techniques and Signs

• Take Breaks:

  • Allow natural stopping points for breaks to prevent fatigue and help the suspect stay engaged.

• Use Psychological Techniques:

  • Phrases like “You and I both know” or “I’m sure other employees have taken things just like you” can subtly pressure the suspect.

  • Use statements like, “They sure don’t pay you enough, so you just made things right” or “Did they misunderstand what you were doing?” to make the suspect feel justified or misunderstood.

• Offer Two Incriminating Choices:

  • Present the suspect with two incriminating options, e.g., “Did you plan this or was it done on the spur of the moment?” or “Did you do this out of love or hate?”

  • Once the suspect chooses one option, dig deeper for the details and confirm witness statements, evidence, and facts of the case.

• Signs of a Suspect Ready to Confess:

  • Watch for signs that the suspect is on the verge of confession:

    • Crying, dropping their head, slumping shoulders, or adopting a defeatist posture. These may indicate they are emotionally ready to admit guilt.

Confessions and Documentation

• The Confession Must Be Documented!

  • All confessions must be properly documented for legal and evidentiary purposes.

• What Is a Confession?

  • A confession is information that supports the elements of the crime, provided by the person involved in committing it.

• Key Requirements for a Confession:

  • Must be voluntary and without threats, promises, or rewards.

• Key to Getting a Confession:

  • “You have to make the person want to tell you their story more than they fear the consequences.”

Confessions and Corroboration

The Importance of Corroboration:

• A confession is the most damaging evidence against a defendant but must be corroborated to ensure its trustworthiness.

• Corroborate the confession with:

  • Crime information that was withheld from the suspect.

  • Information about the crime that was not known until the confession.

  • Rational details reflecting the spontaneous recollection of the crime.

Confession vs. Admission

• A confession involves full acknowledgment of involvement in the crime and will be corroborated by independent evidence.

• An admission provides some information about the crime (e.g., placing oneself at the scene, knowing the victim, or possessing stolen property), but does not fully admit guilt.

• While not as incriminating as a confession, an admission is still valuable evidence.

Written Statements in Investigations

• Why Written Statements Are Important:

  • Locks Information: Documenting events in writing prevents misinterpretation by law enforcement, attorneys, judges, and juries.

  • Prevents Misinterpretation: Ensures accuracy of the statement by the person providing it (victim, witness, or suspect).

  • Assessing Reliability: Analyzing language can help evaluate the reliability of the statement.

• Benefits of Written Statements:

  • Harder for defense to challenge compared to oral statements.

  • A signed written statement from the defendant is stronger in court than oral testimony.

  • Change of Language: Changes in language may reflect a change in reality or emotional distance.

• Watch for Key Words:

  • Excuses: Words that deflect responsibility.

  • Slips/Mistakes: Unintentional language errors.

  • Emotional Distance: Use of impersonal words like “she” or “they.”

  • Hypotheticals: Phrases like “I would say” or “maybe.”

  • Bridges: Terms like “later on” or “and then” that indicate unfinished thoughts.

  • Reinforcements: Phrases like “I swear to God” to emphasize credibility.