Chapter 7: Victims/Witnesses and Human Sources

What is the main difference between an interview and an interrogation?

Interviews are for obtaining information from those expected to cooperate, while interrogations are for questioning suspects who may withhold information.

What is the purpose of questioning in investigations?

To obtain facts about a crime, identify offenders, locate stolen property, understand events, and identify witnesses or suspects.

What are the 5W1H questions investigators should consider?

Who, What, When, Where, Why, and How.

What is rapport in the context of interviewing?

A relationship of trust and understanding between the investigator and the interviewee.

What is Frame-by-Frame Analysis (FFA)?

A method of examining an event in separate frames to identify critical details.

Why might witnesses be uncooperative?

Reasons include distrust of police, fear of retaliation, lack of interest, and not understanding the importance of their information.

How can investigators gain cooperation from reluctant witnesses?

By being persistent, building trust, explaining the importance of information, and reassuring witnesses.

What is the Behavioral Analysis Interview (BAI)?

An interview technique that helps assess if a person may have committed a crime by analyzing verbal, paralinguistic, and nonverbal communication.

What are the four main principles of the Cognitive Interview?

Memory-Event Similarity, Focused Retrieval, Extensive Retrieval, and Witness-Compatible Questioning.

What is hypnosis in the context of investigations?

A technique that may be used to help retrieve information but should be independently verified.

What does a polygraph measure?

Cardiovascular activity, respiratory activity, skin resistance, and sweating.

What is the purpose of using a polygraph in investigations?

To assess truthfulness or possible deception during questioning.

What distinguishes an admission from a confession?

An admission acknowledges information related to a crime, while a confession admits to committing the crime.

What is an informant?

A person who provides information to law enforcement about criminal activities or individuals involved in crime.

What types of information can informants provide?

Information about planned crimes, undiscovered crimes, suspects, stolen property, or potentially exonerating information.

What are the two main types of informants?

Paid informants who receive compensation and volunteer informants who provide information without payment.

What is the motivation behind informants' actions?

Motivations can include money, revenge, fear, gratitude, repentance, civic duty, or self-serving interests.

What is 'cutting a deal' in the context of informants?

A defendant provides information in exchange for favorable treatment in prosecution.

What key factors influence a person’s opportunity to become an informant?

Motivation and the ability to access useful information while feeling safe from retaliation.

What does cultivation of informants involve?

Developing and maintaining relationships with individuals who can provide useful information.

What should investigators do when handling informants?

Meet informants on neutral ground, be fair and courteous, keep appointments, and explain what information is needed.

What is the legal importance of the Fourth Amendment regarding informants?

It protects against unreasonable searches and seizures and requires probable cause for law enforcement actions.

What is Confidentiality in the context of informants?

The government’s ability to protect the identity of informants, though this privilege is not absolute.

What is Hearsay?

Information that comes from someone other than the person directly presenting it, often involving informant tips.

What does the 'totality-of-the-circumstances' approach involve?

Evaluating the overall circumstances to determine the existence of probable cause instead of a strict two-prong test.

What constitutes entrapment in law enforcement?

Inducing an otherwise innocent person to commit a crime they were not inclined to commit.

What distinguishes the subjective and objective tests of entrapment?

The subjective test focuses on the suspect's predisposition, while the objective test focuses on law enforcement's conduct.

In Hoffa v. United States, what did the court say about informants?

Police may use informants without automatically violating the United States Constitution.

What was the significance of Draper v. United States?

It established that corroborated information from a known informant can help establish probable cause.

What was the outcome of Roviaro v. United States regarding informant identity?

The government's privilege to protect informant identity is not absolute.

What is an important aspect of Illinois v. Gates?

It replaced the strict two-prong test with a totality-of-the-circumstances approach for probable cause.

What are some important facts to remember about informants?

Informants can be paid or volunteers, their motivations vary, they should not control investigations, and entrapment is an affirmative defense.

What guidelines should law enforcement follow with informants?

Evaluate informants carefully, supervise them, establish written policies, and take care when they are allowed to engage in illegal activity.

What is the importance of maintaining accurate records of financial transactions with informants?

To ensure transparency and accountability in the use of informants.

What should investigators do to protect informants?

Maintain confidentiality, ensure informants are not allowed to take control of investigations, and avoid any appearance of entrapment.

What is significant about the rulings in Aguilar v. Texas and Spinelli v. United States?

They established criteria for evaluating informant information regarding reliability and basis of knowledge.