Interrogations

What is the difference between an interview and an interrogation? (3)

1) Interview - victim or witness
Interrogation - suspect

2) Interview - more friendly
Interrogation - more direct

3) Interview - friendly environment
Interrogation - dark room with 2-way mirror

What are the 3 main goals to achieve in an interrogation?

1) Give the suspect the opportunity to say what he wants to.

2) Inform and question the suspect about the incident.

3) Confront the suspect with anomalies and deceptions during the suspect's account of what happened.

What are the 5 steps in the sequence of interrogations?

1) Preparation & Planning

2) Engage & Explain

3) Account Clarification & Challenge

4) Closure

5) Evaluation

What should an officer do in the "preparation and planning" step?

1) Gather as much information as you can.

2) Set the interrogation environment.

What should an officer do in the "engage and explain" step? (5)

1) Introduce yourself

2) Encourage suspect to give info

3) Set tone

4) Explain what is going to happen

5) Build rapport

What should an officer do in the "account clarification and challenge" step? (3)

1) Let suspect tell his side, uninterrupted.

2) Clarify suspect's side of the story.

3) Challenge his story, if necessary.

What should an officer do in the "closure" step?

1) Review notes

2) Ask if there is anything he wants to add

3) Close the contact

What should an officer do in the "evaluation" step? (3)

1) Ask yourself - Are the objectives met?

2) Review the whole investigation

3) Reflect on how well you conducted the interrogation

Does custodial questioning require Miranda?

Yes

If a person is advised of their Miranda Rights, do you have to record the questioning?

Yes

What are the 6 exceptions to not record a person who is advised of their Miranda Rights?

1) The recording device does not work and there is no other device available.

2) The officer operating the recording device unintentionally fails to operate it.

3) The device malfunctions without the officer's knowledge.

4) Spontaneous statements

5) The suspect refuses to speak.

6) If the subject requests that it is not recorded. (must have that statement on recording)

What are the 2 general categories of suspects?

1) Emotional Offenders

2) Non-Emotional Offenders

What is an emotional offender?

Offenders who can be easier to question. They may yield an admission or confession if provided with some rationalization for their actions based on anger, frustration, love, or hate.

What is a non-emotional offender?

Offenders who can be more hardened criminals who know of the system works. They don't like to talk or show unusual body language.

What are 6 methods to use against non-emotional offenders?

1) Question & Answer

2) Narrative

3) Alibi

4) Factual

5) Good Cop / Bad Cop

6) Retelling

What is the "Question and Answer" method?

When the officer asks a series of questions based on the facts of the case.

What is the "Narrative" method?

When the officer lets the suspect tell his story and repeat it 3 or 4 times.

Question the suspects about the differences in each story.

What is the "Alibi" method?

The suspect stated where he was and what he was doing during the time of the incident.

Try to verify the suspect's version, then confront the suspect about any inconsistencies.

What is the "Factual" method?

Confront the suspect with the physical and circumstantial evidence against him.

What is the "Good Cop / Bad Cop" method?

Using 2 officers, one uses a soft approach and the other uses a more confrontational approach.

What is the "Retelling" method?

Have the suspect tell the story again in reverse order.

What are the 2 types of factors that could lead to a suspect's false confession?

1) Dispositional (personal risk factors)

2) Situational

What are the 4 specific factors under "dispositional" factors that may lead to false confessions?

1) Personality Characteristics

2) Youth

3) Intellectual Impairment

4) Psychopathology

What are some personal characteristics of people who make false confessions? (7)

1) Suggestive

2) Compliant

3) Anxious

4) Lack Assertiveness

5) Poor Memory

6) Low Self-Esteem

7) Seeking Attention

What are 4 specific factors under "situational" factors that may lead to false confessions?

1) Being in Physical Custody

2) Isolation

3) Confrontation

4) Minimization
> giving the suspect a chance to "save face"
> ex: lighter sentece

Why might a suspect provide a false confession due to physical custody?

Being in physical custody creates extreme anxiety and makes it feel as if you can not escape. The suspect may say or do anything to get out of the situation.

Why might a suspect provide a false confession due to isolation?

Due to interrogation going on for a long time, the suspect may get fatigued, scared, or even uncertain.

Why might a suspect provide a false confession due to confrontation?

The facts of the case and the police's deception may induce the suspect to actually believe that he is the one who committed the crime.

Why might a suspect provide a false confession due to minimization?

The interrogator gives the suspect a change to "save face."

Ex: The interrogator may promise a lighter sentence or allow him to go home early.