interrogation final - groupings

who wrote the bybee memo

John Yoo: Drafted the memos.

Jay S. Bybee: Signed the memos.

interrogation models

1. REID

2. action based

3. SCAN

4. confrontational

interrogation modes

1. soft

2. hard

interrogation types

1. instrumental (enhanced)

2. expressive (torture)

what has to be justified to a FISA judge for a torture warrant

1. the situation warrants this

2. the individual actually has information

SCAN steps

1. present subject w/ writing tool (pen) and paper

2. direct them to write down what happened in their own words

3. ask to review it and add any missing information (only drawing lines through, not blacking things out)

4. conduct an analysis of what as initially written, and any changes made

5. make a final determinization and employ a secondary schema

weaknesses of SCAN method

1. really delusional people

2. people good at making up elaborate lies

3. individual was taught how to do it

4. a creative writer

5 ways to get protected information

1. outsmart them

2. trap them

3. trick them

4. flip them

5. wear them down - outlast

misconduct and negligence types

1. reckless direction

2. negligent direction

3. negligent supervision

4. negligent retention

5. situational hypothesis

6. plausible deniability

5 forms of hard (enhanced) interrogation

1. deprivation

2. discomfort / pain

3. fear - psychological

4. shame - emotional

5. sexual issues

- degree

-distance

5 types of deprivation

1. sensory

2. sleep

3. food

4. water

5. isolation

7 types of discomfort / pain

1. blunt trauma

2. stabbing / piercing

3. positional

4. cutting

5. burns

6. electric shock

7. drowning

5 types of fear

1. phobia

2. threat of removal / amputation

3. threat of disfiguration

4. threat of damnation / condemnation

5. threat of injury to loved ones

5 types of shame

1. guilt

2. pride

3. hang ups

4. innocence, ignorance, embarrassment

5. beliefs & customs

5 sexual areas

1. violation

2. general or violent contact

3. gender roles

4. hang ups

5. beliefs and customs

action based 5+2 questions you ask yourself

1. who are they? / what are they? / what have they done?

2. will they talk?

3. why will they, or why won't they talk?

4. how do we get to the truth?

5. how do we know when it's done?

- focus on the core motivation

- don't be misled by the hierarchy rule

why will they or why won't they talk (5+2 questions you ask yourself)

you have to determine where they are in their process & make them believe it's in their best interest to talk so they want to talk

why will incentives = what are they getting out of it

won't they incentives = what are the barriers

- still in the long process w/ ongoing elements = likely clam up

- over / complete task = likely talk

5 basic types of criminals - generic

1. hustler

2. thug

3. thief

4. gangster

5. idealist

examples of hustlers

scams

con games

pimps

prostitutes

drug dealers

5 general modes of offenders

how good of a criminal are they?

1. master class

2. professional

3. full time

4. part time

5. juvenile

based on the act / crime

5 characteristics that criminals share

1. self centered

2. impulsive / opportunistic

3. immediate gratification

4. realist - pragmatic

5. fate

10 common themes of criminals

cards we can play to get them to want to talk

1. professional

2. skill / artist

3. intelligence

4. ego

5. power

6. excitement

7. Justification / validation

8. guilt / loyalty

9. transaction - an out

10. reputation / credibility

2 parts of the nervous system

1. somatic nervous system

2. autonomic nervous system

equipment used in a polygraph

1. pneumograph

2. galvanic skin response

3. cardio

a typical polygraph consists of....

1. a chart

2. a test

3. an exam

4 phases of a polygraph

1. case preparation

2. pretest

3. collection of charts

4. data analysis phase and post test interview w/ interrogation

pretest (4 phases of a polygraph)

explaining legal rights w/ the suspect and gathering biographical data from them

a. explain poly w/ the subject

b. explain physiology w/ subject

c. discuss issue w/ the subject

d. discuss and review all questions w/ the subject

e. pretest instructions

collection of charts (4 phases of a polygraph)

1 demo test and 3 charts

- each chart has 10 questions

- answering the questions in your head

what pads are on the chair in a poly

1. arm pads

2. butt pads

3. sometimes foot pads

percentage of reasons for polygraphs in detroit

- 70% homicides

- 25% sex crimes

- 5% assaults

types of questions in a polygraph

1. irrelevant questions

2. control questions

3. relevant questions

3 outcomes of a polygraph

1. truthful

2. deceptive

3. inconclusive

ways people try to "trick" a polygraph

1. biting their tongue, lip or cheek

2. tacks in their shoes

3. sedative

a polygraph wont be conducted if...

1. pregnant

2. heart problem

3. used drugs or alc 8 hours prior to the exam

4. is in pain or sick

errors in a polygraph exam

1. false positive

2.false negative

- advanced training, activity sensors

how do we determine if a person is telling a lie

1. reaction to questions

2. examiner evaluates responses

3. computer algorithm (don't do this)

value of polygraphs

1. enhanced security

2. deterrent for people doing certain things

why do police use polys

1. Can be given to suspects, victims, witnesses and informants

2. Quickly establishes a person's truthfulness

3. Exposes the liar

4. Gaining confessions

5. Saves time, money and effort

irwin's 10 criminal types

1. thief

2. hustler

3. working class man

4. square john

5. dope fiend - hard

6. dope head - enlightenment

7. state raised youth / institutionalized

8. disorganized

9. mentally imbalanced

10. idealist

themes of irwins criminal types

1. thief - skill & intelligence

2. hustler - intelligence or transaction

3. working class man - ego & reputation

4. square john - excuse or fear of jail time

5. dope fiend - fear jail time or withdrawal

6. dope head - educate or justification

7. state raised youth / institutionalized - reputation or credibility

8. disorganized - guilt, loyalty, or justification

9. mentally imbalanced - depends on subtype

10. idealist - depends on subtype

skill & intelligence (themes of irwins criminal types)

thief

- they see themselves as an artist and you can manipulate it to your advantage

-remain non emotional, & calm, play a student role, play up they're a professional and acknowledge their work

ego and reputation (themes of irwins criminal types)

working class man

- they're very vulnerable to ego and may think its better to go to jail w/ their reputation in tact

- they try to be tough, but not really tough, & they're not criminal geniuses

- they will fold when the reality of jail sets in

excuse or fear of jail time (themes of irwins criminal types)

square john

- go through the techniques of neutralization with them

- "prison is rough, are you ready for it?"

educate or justification (themes of irwins criminal types)

dope head

- have them educate you, villainize the enemy

- use good cop, bad cop

- they're usually willing to talk

reputation or credibility (themes of irwins criminal types)

state raised youth / institutionalized

- no threats about incarceration work

- they tend to recognize the situation and not play games

- treat them w/ respect and they recipricate

- usually they'll talk if its painting as they're not snitching

depends on the subtype 1 (themes of irwins criminal types)

mentally unbalanced

- psycho - talk from start

- socio - once they talk its hard to get em to stop

- anti social - tell the whole thing

depends on the subtype 2 (themes of irwins criminal types)

idealist

- use their cause or the target of their hatred to your advantage

- do not sympathize unless you can

7 phases of an interrogation

1. contact / make accusation

2. make a sales pitch

3. prevent denials

4. defeat protests

5. fail escapism

6. offer options

7. close

contact / make accusation (7 phases of an interrogation)

straight: "ik what you did"

rebound: "insinuating, saying it in a roundabout matter

reflex: don't accuse them until they say something that gives you a reason to accuse

8 types of sex criminals

1. power

- assertive

- reassurance

2. anger

- excitation

- retaliatory

3. sadistic

- physical

- psychological

4. opportunistic

- simple

- staged

5. pedophile

- romantic

- mysoped

6. hebephile

- attraction

- compromise

7. child molester

- preferential

- situational

8. staged

- attention

- revenge

5 types terrorism

1. state sponsored

2. idiosyncratic

3. religious

4. dissident

5. criminal

5 types of homicide

1. instrumental

2. expressive

3. accidental

4. hybrid

5. staged

3 modes of homicide

1. predatory

2. moralistic

3. hybrid

5 types of unlawful imprisonment

1. kidnapping

2. abduction

3. hostage taking

4. human trafficking

5. staged

4 types burglars

1. artist

2. alert opportunist

3. novice

4. staged

4 modes of burglary

1. home invasion 1

2. home invasion 2

3. home invasion 3

4. criminal tresspassing

4+1 types of thieves

1. artist - big score

2. expressive

3. compulsive

4. staged

- petty - alert opportunist

expressive (4+1 types of thieves)

- reciprocal: steal something from someone, in response to something being taken from them - even if they don't know who did it

- reflexive: respond w/ theft in the motion of the moment

- revenge / parallel: say someone did somethign wrong ("robbing us blind"), so it justifies you doing smth wrong and stealing from them

4 modes of auto theft

1. theft - sell

2. theft - use

3. carjacking

4. staged

3 modes of robbers

1. RA

2. RNA

3. RA UDAA

5 types of robbers

1. peter pan

2. robin hood

3. lone wolf - pack of wolves

4. gentleman / noble - thomas crowne

5. staged

5 types of agenda crimes

investigators should defend, challenge, sympathize or act confused / curious for the cause

1. intimidation or terrorism

2. hate crimes

3. vandalism

4. malicious destruction of property

4 types of assault

1. retaliation

2. situational

3. strategic

4. staged

4 types of arson

1. instrumental

- pay out

- tactical burndown

2. expressive

- revenge / reflexive

- thrill

3. compulsive

- pyromaniac

- fixated / fixation

4. staged

- no fire damage

- some fire damage

instrumental (4 types of arson)

monetary or material gain

- payout: burn down own place for $$ or pay someone to do it

- tactical burn down: rivalry / competition to take out

investigator should get to the source / "we want the person who paid you"

expressive (4 types of arson)

emotional based

revenge / reflex: in response to something and it's often excessive

thrill: doing it for the sheer thrill / not geting caught

compulsive (4 types of arson)

try to set the fire but keep it contained

- pyromaniac: sexually aroused by fires

- fixated / fixation: they have a fixation w/ fires

staged (4 types of arson)

do it themselves / exaggerate

- no fire damage: barely anything harmed

- some fire damage: light damages or claiming arson on accidents

types of bias in an interrogator

1. truth bias

2. deception bias

quad zone method - norming deception

1. split half - vertical

2. split half - horizontal

3. concert zoning method

4. quad zoning method

types of bias in a subject

1. honest demeanor bias

2. dishonest demeanor bias

- what the subject NATURALLY gives off

3 types of behaviors

1. natural

2. defensive

3. defeated

3+1 types of devices

1. PSE - psych. stress evaluator

2. VSE - voice stress evaluator

3. GSR - galvanic skin response

- brain scan

7 factors that affect ones ability to lie

1. complexity

2. intelligence

3. stake of the situation

4. motive / incentive to lie

5. suspicion shown by interrogator

6. history of the individual

7. beliefs

7 physical indicators

1. eye contact

2. posturing

3. demeanor

4. twitching

5. gesturing

6. desire to leave

7. sweating / persperation

8 vocal indicators

1. hesitation

2. change in pitch

3. yawn

4. speech rate

5. stutter

6. latency / silence

7. whispers

8. duration of pause

6 verbal indicators

1. repeating

2. errors

3. half-truths

4. overly helpful

5. code switching

6. realistic inference