SIS 342 FINAL EXAM

Questions created from slides.

What symbols were used to assess each interview for the BAI video?

At the end… total up your +’s and -’s and circle suspect 1,2,3,4,5 as who you think took the money.

What is an interrogation?

Interrogation:

• accusatory

• formal

• suspect

• eliminate innocent

• obtain confession

What is an interview?

Interview:

• fact finding

• semi- casual

• victim/ witness

• identify others

• assist investigation

What are some similarities between an interrogation and an interview?

• planning

• controlled environment

• privacy

• rapport

• structured questions

• careful listening

• documentation

What are some characteristics of a good interrogator?

Professionalism- training, skill (actor)

Integrity- would you want to talk to the devil

Persistence- just when you want to quit, don’t

Self- driven- can’t be pushed

Problem Solver- help subject get there

Reliable- consistency in the approach

Courage- extroverted, thrives in stress

What goes into the interview process?

• preparation

• interviewing

• establishing credibility

• reducing resistance

• obtaining an admission

• developing the admission

• the statement

• ending the interview

• report writing

How many interview approaches are there?

There are 4 interview approaches.

• Direct

• Factual

• Emotional

• Good Guy- Bad Guy (Public vs. corporate)

What goes into the preparation and strategy for an interview?

• strategy planning

• interview goal

• evidence, background info

• interviewer selection

• props-file

• privacy, location of interview

• room setting, distractions

• role of interrogator- mediator

• language

• note taking

What does a common room setting look like?

10 × 10 room

Witness - table - suspect - interviewer

• lack of distractions (clocks, tvs, noise, etc.)

4th amendment

prohibits unreasonable searches and seizures

5th amendment

protects the rights of individuals

6th amendment

guarantees the rights of criminal defendants

14th amendment

clarifies issues around U.S. citizenship- specifically, who can be a U.S. citizen, additional rights of citizenship and how citizenship intersects with U.S. law.

• due process

Four Exemptions to Miranda

• public safety

• booking

• jailhouse informant

• routine traffic stop

What are some employment investigation triggers?

• discrimination

• WPV (work place violence)

• inappropraite use of technology and social media

• theft property-

• policy breaches

• legal violations

• just cause

What are some other protections for public and private employess?

• Loudermill- right to hearing (public)

• Weingarten- union representation (public & private)

• Garrity- police officers internal affairs representation (LE)

• Gardner- psychological evaluation before conviction (ALL)

What are legal aspect that apply to all citizens?

• false imprisonment

• defamation

• slander

• libel

What is a coerced complaint confession?

an allegation of coerced complain confession occurs when the suspect claims that he confessed to achieve an instrumental gain. Which can include being allowed to go home to bring an end to the interrogation or avoiding physical injury (I.E., physical assault by the interviewer)

What are aspect of a false confession?

• Publicity seekers will often confess to crimes to gain attention, but when interviewed properly they offer facts that don’t stand up. (I.E. don’t know details they should know if they committed the crime.)

• Another interrogated so long that they ultimately believe they committed the crime, but they are innocent.

• Feel like it will provide immediate gratification.

What are causes of false confessions?

• Maturity

• Age

• Mental illness

• Memory

• Intelligence

• Language barriers

What are hints to a false confessions?

• Language of uncertainty

• Wrong info

• Accepts suggestions and will comply

What are aspects of evaluating behavior and cautions?

• mental capacity

• medical condition, drug/ alcohol usage

• emotional maturity

• cultural, economic, ethnic, geographic differences

• professional criminals, actors, politicians

What is included in the behavior assessments of Norm- baseline

1. When they first are met or introduced

2. Questions expecting truthful responses

3. When suspect is lying/ deceptive

   • Fight or flight syndrome

   • Typical attitudes displayed by subjects: truthful, untruthful

   • Attitudes common to both: nervous, angry, quiet

How are nonverbal deceptive responses presented?

They are presented in clusters or groups- a combination of two behaviors

What does one’s eye do when they are visually recalling?

Their eyes move up and to the left.

What does one’s eye do when they are visually creating?

Their eyes move up and to the right.

What are some verbal deceptive responses?

Thanks, the interrogator for accusing them.

Helpfulness- goes back to work and is overly helpful- comes back to test the water

Delayed responses, pausing before answering

Repeats question back to you

Responds with other questions

Hanging sentences

Non-responses

Uses physical behavior to cover delay- cough, deep breaths, clears throat, sighs, picks lint

Memory problems when asked, but may have details of what they were doing that date of crime for cover

What is included in the BAI question development?

• keeping it simple

• keep it direct

• single meaning

• avoid complex and compounded questions

• avoid negatively worded questions

• ask questions that can be answered with a “yes” or “no”

How do you sell the interview to get witness and victim to cooperate?

• Interview needs to show the benefit of cooperation- we need your help to prevent…

• Relationship with suspect not known. In domestic cases, victim goes back to inform suspect

What are causes for denials?

Environment

• privacy, supportive, setting, positioning

Interviewer

• personality, attitude, reputation, unconvincing, wrong rationalizations, room reminders, strategy, wrong evidence or proof, question technique- inexperience’s

Suspect

• seriousness, lack of rules, cultural, substance, consequences vs. justifications, collusion, truthful denials

How does appearance help prepare for success?

Eliminate slang, attitude and signs of authority and avoid words that have negative context like, murder, embezzle, fraud, kill, rape. Avoid anything that shows personal bias.

Factual approach

leading the subject through a series of questions to attempt to catch inconsistencies and lies. Used when not certain of guilt.

Direct accusation

direct statement approach used when single incident case with strong evidence

Emotional approach

this approach allows the interrogator to use the factual and emotional component that allows the suspect to save face. (Introductory Statement Process) Used in cases of almost certain guilt (95%) with multiple events and or individuals involved.

Good Guy/ Bad Guy approach

lost effectiveness due to television but can be used in some cases

What two approaches are often combined?

The emotional and factual approach are often combined.

Why do people confess?

• caught

• guilty feeling/ need to explain

• internal or external pressure

• protect another

• toss a bone

• get it over

• did no wrong

• trust

• wants helps

• abuse and threats

• rational or emotional decision

How is credibility established by the interviewer during their introductory statement?

1. Who are we

2. What we do

3. Explanation of how events occur- tailor to subject

4. How investigation are conducted

5. Rationalization- discussion of why “mistakes” are made

6. Test for submission- give two person example

7. Transitional statement

8. Soft Accusation/ Assumptive question

9. Follow- up question

10. Interrogator lets the subject know he has confessed and supports the admission

How are rationalizations formed?

They are formed from the investigation and a motive.

• Motivation must be found in background

• Background, bio, and behavior of offender

• When delivering, which Rationalization is getting the responses

• Is the subject receptive? If not try others

• Minimize the seriousness of the crime

• Exaggeration

• Focus suspect on future, not past

• Offer positive outlook.

• Relate personal experiences or cases where a person in their shoes is doing great and even sends you Christmas cards to your office.

• Avoid threats or promises

What is included in a rationalization with choice questions?

• Accident or on purpose

• Impulse or planned out

• Blame victim, company, boss

• Poor pay, or benefits

• Blame coworkers

• Poor security

• Blame economy

• Peer pressure

• Exaggerate loss, then ask if they were responsible for all that loss

• Lost control- could not stop- like a gambler- Kleptomania

• Blame habits, alcohol, drugs

• Borrowed, planned to pay back

• Play one against the other (multiple and collusion)

What are some minimization options?

“I’m only concerned about very large losses over $1 million dollars, what were are talking about here is tiny.”

“This large organization will not even miss that money, It’s just a blimp on the radar screen.”

“The accounting department will just write off the amount you took and move on.”

“Anyone in your situation would have done that same thing. These things happen.”

What would you use when interviewing a narcissist?

An interrogator would use flattery when talking to a narcissist.

How is crebility established?

Preparation/ Pre- Planning/ Research

• Notifications- who gets brought in and when?

  • Goal of interview

  • Determining who would be the best interviewer

  • Leave subject by himself (yes/no)

  • Review case facts, background of the subject

  • Evidence and possible subject explanations

  • Case file

  • Impression given by the interrogator

What are the three reasons for hesitation of an admission?

1. Environment- location, lack of privacy, supportive of the suspect such as their own office or home

2. The interrogator- interrogators attitude, personality, reputation, unconvincingness in technique, WRONG RATIONALIZATIONS, highlighted consequences- steal, crime, jail, or just a plain inexperienced interviewer

3. Suspect- seriousness of lie, cultural differences, drugs or alcohol intoxication, consequences versus justification, involvement with others

What are the two types of denials?

1. Emphatic- “No, I didn’t do it”

2. Explanatory- “ I wasn’t raised to do that…”

How would someone visibly present denial?

Shaking of their head, scoffing, interupting

How does an interviewer overcome denial?

“Let me finish”

Just keeps going

Once you identify that the denial is emphatic, the response should be…

My investigation shows that that is just not a true statement… given all the investigative techniques I discussed with you earlier shows me exactly what you did, but now I am here to find out why.

At this time, you should go back into offering rationalizations again and minimize the seriousness of the offence.

What are factors to explanatory denials?

EXPLANATORY DENIALS- FIRST OFFENSIVE STROKE BY THE SUBJECT

• KYE- Most are true statements are generally only made by guilty subjects

• The explanatory denial is designed to sidetrack the interrogator, but it also tells the interviewer a rationalization the subject will listen to.

• Introductory Phrases- “I wouldn’t do that!”/ “That’s impossible!”/ “ I couldn’t have done it”

• Recognize the Introductory Phrase and Ask for an Explanation- “Why is that, Bob?”

• Accept the Explanatory denial as a true statement and turn it around as another reason for the subject to confess- "“ I hope that’s true!” “I’m glad you mentioned that!”

• Sidestepping- “Exactly, that’s what I’ve been saying all along!”

What are some signs of submission?

• Open posture

• Leaning

• Drops head

• Eye contact reduces

• Looks toward floor

• Shoulder slump

• Eyes may moisten or tears

Shorten Questions

• Offer rationalization

• Repetition of questions

• Move in closer

• Make direct eye contact

• Avoid physical contact

What is the purpose/ use of lock in questions?

TIMELINE- first time, last time, everything in between

• Where

• What

• How

• What did you do with id after…

What do you do once submission is detected after rationalization?

Offer a choice question that aligns with what you think that motivation is.

One an admission is obtained, reward the subject by stating something like: “Alan that’s true, my investigation agrees with that statement…”

How do you obtain an admission?

The Presentation

• Sincerity of interrogator

• Use of the subject’s name

• Use a statement of encouragement with the choice question

• Emphasize a good choice

• Emphasize a bad choice

• Repetition is important

What is the scope of development?

• Details of Specific Incident

• Equipment

  Transitional + assumptive statements/ questions

• Other crimes- no names… descriptions!

• Knowledge of Others

• Drugs

• Other Areas of Interest- suspected

How is the transitional statement used in the development of the admission?

Statement between crimes and or activities subject is suspected of:

Mark/Mary, while conducting the investigation and using all the tools I described earlier, we uncovered other areas I need to talk to you about, Mark/ Mary when was the last time you….

Transitional —→ assumptive ——> knowledge of others

How is evidence used in the development of the admission?

• Present evidence only after receiving the absolute denial.

• Withhold the evidence until the subject’s resistance to a confession has weakened.

• Use the case file as tangible evidence of an investigation.

• Divulge only one piece of evidence at a time.

• Never divulge the identity of a witness.

If they are not cooperating, be DIRECT, “if you don’t talk, the lawyers won’t help you…”

What is the question for a polygraph examination called?

It is called a stimulus.

What is a reaction to a stimulus called?

It is called a reaction.

What nervous system is under pressure during a polygraph examination?

The autonomic nervous system

• Sympathetic: “fight or flight”

• Parasympathetic

What is the purpose of a written statement?

A voluntary written confession obtained with the employee’s informed consent will persuade a skeptical district attorney of the merits of your claims.

It provides the foundation to enter into a restitution agreement with the employee to recover as much of the stolen funds or property as possible.

What is admission on a document called?

EVIDENCE

What do you obtain during a written admission?

• Statement including not being threatened or promised anything

• Statement acknowledging that the suspect is writing their statement of their own free will

• Who (suspects name)

• What (they did)

• When (dates and if possible, times for what they did)

• Where (location where the act took place)

• How (how they went about the business of committing the act)

• Why (motive)

• Offer to repay or return

• Initialing changes and cross outs, etc.

• Signatures and dates (suspects, and witness)

• An apology if needed

Narrative statement

written by the suspect, the weakest

Question and Answer Statement

most effective,specifics

Formal statement

with court reporter, stenographer, etc.

Other statements

type written, audio, and audio and video

What is a nonexistent confession?

A statement made by a suspect in which there is no acceptance of responsibility for committing the offense. I.E. “Listen I’ll pay the money back but I didn’t steal it.”

While the statement may contain information that is incriminating such as false alibis, acknowledgments of opportunity or access, or unreasonable explanations for being in possession of incriminating evidence, there is no statement involuntary or otherwise, where the suspect acknowledges committing a crime.

What are some examples of alternative interviews, ending, and documenting od interviews?

• Difficult interviews

• Telephone and Video Interviews (reschedule)

• Specialized interviews

• Wrong person interviewed- apologize, maybe give some sort of sorry reward

• Documenting the Case

• Success tips

What are the set up steps to assure success in video and audio interviews?

• Physical location of suspect, witness or victims

• Room set up

• Camera positioning

• Audio volume

• Witness placement

• Statement taking

• Listening skills

• Other considerations and tactics

What types of crimes or environments use specialized interviews?

• Field

• Pre- employment

• Sexual harassment

• Hostile work environment

• Policy and related violations

What do you do if you are interviewing the wrong person?

• Be professional on close

• Must Co- exist at work

• Support the subject

• Spend time to “rub down” someone going back to work

• Thank for time and let them know investigation is continuing

• Ask for their assistance

How do you be a successful interviewer?

• Create your own introductory statement outline

• Practice improves success

• Listen to audio (multiple times) and before each interview investigatory interrogation

• Craft case file that contains “cheat” sheets to assist during interviews

• Always review subjects’ biography and motives before conducting an interview

• And remember there is no substitution for proper preparation and an thorough investigation