Investigative Interviewing-Chapter 4

Command Triangle

Team commander-Primary Investigator-File coordinator: Comes from review of Paul Bernardo case

Interrogation

Accusatory process intended to elicit a confession from a person believed to be responsible for the offense

Three principal elements of the REID technique

1. Non accusatory fact finding interview

2. Behavioral analysis interview to detect deception

3. Accusatory, persuasive interrogation to get confession

Fact finding interview

is non accusatory, establishes rapport, and gains basic information regarding motive/opportunity regarding the crime itself

Behavioral analysis interview

Uses behavior provoking questions and behavioral observations to detect deception. Used to determine suspects guilt (opinion of investigator)

The Reid technique’s nine steps of interrogation

1. Direct positive confrontation (you are responsible for)

2. Theme development (offering excuse for crime)

3. Handling denials

4. Overcoming objections from suspect

5. Procurement and retention of suspect’s attention

6. Handling a suspect’s passive mood

7. Presenting an alternative solution (suspect gets to choose between 2 scenarios, one is more acceptable than the other but both are inculpatory)

8. Having the suspect orally relate various details of the offence

9. Converting an oral confession into a written confession

Criticisms of the reid technique

1. Lack of evidence showing effectiveness

2. Can lead to false confessions

3. Validity of behavioral analysis interview

4. Cannot be electronically recorded during process

Minimization

minimize seriousness of offence by confessing

Maximization

Maximizing the seriousness of the offence and exaggerating the consequences of a conviction

5 stages of the PEACE model

1. Preparation and planning-Handling new info coming into the investigation, plan the interview and questions that will be asked

2. Engage and Explain-Establish rapport with interviewee, explain aims/goals of the interview, ensure interviewee understands everything and their legal rights

3. Account, Clarification, and Challenge (made up of 3 stages)

4. Closure-Ensure objectives of the interview have been met, make sure that interviewee leaves feeling as if they were given proper respect and cared for

5. Evaluation-Reflect on interview performance, get feedback from supervisors, consider info acquired in terms of whole investigation

Account, Clarification and Challenge stage

Account-Can use these 3 techniques: Free recall (events just happened), Enhanced cognitive interview(events happened awhile ago), Conversation management (interviewee doesn’t wanna co-operate)

Clarification-Clarify any inconsistencies with the interviewee’s side of the story

Challenge-This may be required if the interviewer believes the interviewee’s inconsistencies still do not match with the rest of their account, and may believe the interviewee is lying or with-holding relevant info.

S.U.E

Strategic use of evidence approach-Interviewer gradually reveals evidence to a suspect, usually later in the interview process

PEACE model research

1. PEACE model does not overtly persuade interviewee’s to confess, but gets the same amount of confessions as the REID technique does

2. PEACE model increases the likelihood of true confessions while decreasing the likelihood of false confessions

3. PEACE model increases an investigator’s ability to solve crimes rather than limiting it