Interviewing and Assessing the Offender

Admission

a statement or acknowledgement of facts by a person that tends to incriminate that person, but which is not sufficient itself to establish guilt of a crime.

Confession

a statement or acknowledgment of facts by a person establishing that person’s guilt of all element of a crime

Affidavit

a written statement containing allegations that is a confirmed oath

Elicit

to draw out or entice

Interview

the questioning of a subject who is not suspected of criminal activity at the time of the encounter. a person being interviewed may become a suspect. interviews are used as a tool to prepare for interrogation

Interrogation

the questioning of a person that has been stopped or arrested and who is suspected of criminal activity

Patience

unperturbed by obstacles and delays

Res Gestae

a statement which is made spontaneously and instinctively

5th Amendment Rights

right against self-incrimination “Miranda v Arizona”

police read Miranda warning to suspect if:

suspect in custody

suspect will be interrogated regarding a crime

Types of Miranda waivers to be considered valid:

voluntarily, knowingly, intelligently

waiver NOT made voluntarily (examples)

torture, threat, promises of leniency

Miranda Warning

Given to a suspect once, usually just before their first Custodial Interrogation

-the right to remain silent

-the right to have counsel present, and

-the right to have the state appoint and pay counsel if the suspect cannot afford one

Warns a suspect that anything said can be used against the suspect in court

does not have to be given before a field interview or a regular interview

Waiver

the act of intentionally relinquishing or abandoning a known right, claim, or privilege

Arrest

the taking of a person into custody following the rules of law

Cognitive Interview

Interviewing technique that helps victims or witnesses put themselves in their mind at the scene of the crime

DNA (deoxyribonucleic acid)

the organic substance in the nucleus of cells that provides the genetic code for individual characteristics

Exclusionary Rule

courts may not accept evidence obtained by unreasonable search and seizure no matter how relevant to a case.

Leading Question

A question that has the answer in the question. “Were his eyes blue?'“ Avoid using these in an interview

Memory Decay

Memories decay with time

Non Verbal Communication

The messages conveyed physically, particularly by posture and gesture, but also by distance, dress, eye contact, mannerisms, rate of speech, and tone of voice. Nonverbal communication are usually more spontaneous than verbal communications, and therefore indicate the truth or falsehood of what is said in field interview, regular interview, or interrogation.

Probable Cause

Evidence of a state of facts that warrants the belief by a reasonable person that a crime has been committed and/or a certain person is guilty. Required for a search to be authorized and conducted.

Maximization and Minimization

maximization, a technique in which the interrogator exaggerates the strength of the evidence and the magnitude of the charges, and minimization, a technique in which the interrogator mitigates the crime and plays down the seriousness of the offense.word’

Coercion

the act, process, or power of coercing

“they used coercion to obtain the confession”

Types of Crimes

• Summary

• Misdemeanor

• Felony

Polygraph

an instrument for recording variations of several different pulsations (as of physiological variables) simultaneously

Rapport

a friendly, harmonious relationship especially a relationship characterized by agreement, mutual understanding, or empathy that makes communication possible or easy

Assessment

the action or an instance of making a judgement about something: the act of assessing something: appraisal assessment of damages

an assessment of the president’s achievements

assessment of suspects and defendants

Fail to prepare, prepare to fail

Preparation - training, experience

Theory of six P’s

Proper, Planning, Prevents, Piss, Poor, Performance

Question Formulation

• irrelevant questions

• relevant questions

• comparison questions

• projective questions

Irrelevant Questions

• No connection to the matter at hand

• No threat to suspect

• Establish professional authority

• Begin assessment of normal behavior

• Build rapport

• Minimize resistance

Relevant Questions

close ended - yes or no

direct involvement ?

secondary involvement ?

knowledge ?

Comparison Questions

Create a dilemma for the innocent suspect

Create a mental environment for properly identifying truthful suspects

Questions regarding deviant acts that everyone has performed in their lifetime

Projective Questions

what should happen to the person who did this crime

what kind of a person commits this crime

should this person be given a second chance

are you willing to participate in restitution