Interview and Interrogations

Interview

Non -accusatory question and answer session with a suspect, victim or witness

Goal of an interview

Gather information to determine what occurred

Who was involved

Where the crime happened

Why did the crime happen

Who did it

Interrogation

Questioning initiated by law enforcement aimed at obtaining information, confessions or admissions of guilt

Often in a accusatory format or manner

Direct Questioning

Straight forward and involves asking specific questions to obtain information

Ex: Where were you on the night of the incident?

Functional Equivalent

Refers to actions or statements that are not direct questions but are intended to provoke an incriminating response.

Before your interview, you must be prepared

Mindset

Knowledge

Determination

3 Primary sources

Reports and records

Persons who are not suspects but know something about the crime

Suspects in the crime

Reports and Records

Preliminary reports

Follow-up investigative reports

Offense and arrest reports

Witness statements

Information cards

Complainant/ Reporting party

Is a person who request that some action be taken

Is one of the most important witnesses to the crime

Willing to be involved

Witness

Good source of information

Often considered to be the best testimonial evidence

Personal knowledge through one of their sense

Might’ve been involved

Victim

Person injured or that suffered loss

Frequently also the complaint

Emotionally involved, can be experiencing anger, fear, guilt and embarrassment

can exaggerate or distort what occurred

Informant

Maybe an interested citizen or a paid informant

Never make promises or deals

Suspects

Person directly or indirectly connected with the crime, either by an overt act by planning or directing it

Barriers to Communication

Ingrained attitude that telling the truth to police is wrong.

“Snitch” and “Rat” labeling

Fear of

Retribution and revenge

Fear for the family’s safety

Loss of pay and benefits once involved in the criminal justice system

Self preservation by:

The suspect

Severe guilt feelings

Consequences of telling the truth

Fear consequences of going to prison

If possible interview the R/P first because

They often provide enough information to determine if a crime has been committed and where it was committed.

Selecting time and place

Arriving at a scene leaves little or no opportunity to plan

Scheduled interviews should be done at your house(Station)
Remember to document all spontaneous statements

Witnesses are usually best able to recall details immediately after an incident

Start with Rapport

Make your initial contact friendly, but professional

Rapport is probably the most critical factor in any interview

Rapport is the understanding between individuals created by genuine interest and concern

Rapport is enhanced by listening carefully to people

Interviewing techniques

Select the location of the interview

Start with friendly small talk

Create a feeling of mutual exchange

Use deception sparingly

Listen carefully and empathize

Choose your questions wisely

Deceptive body language

Looking down

Rolling the eyes

Placing hands over eyes or mouth

Rubbing hands around mouth

Continual licking of lips

“I swear on my mother’s grave”

Change in facial color

Tapping of fingers

Avoidance of eye contact

Most people who are reluctant to being questioned respond to one of two approaches

Logical

Emotional

Logical

Based on reason

Use logic to determine why a person refuses to cooperate

Explain benefits of cooperating

Emotional

Addresses such negative feelings as hate, anger, greed, revenge, pride and jealousy

“Anyone else in the same situation would act the same”

Warn the person about the serious consequences of withholding important information

Repetitive Questions

Best way to obtain recall and to uncover lies

Truthful story will contain the same facts but may be phrased differently each time it is retold

Lies are rehearsed front to back beginning to end

Have them start in different places or move them around in the story

The cognitive interview

Use a secluded, quiet place, free from distractions

Encourage subjects to speak slowly

Very effective for those subjects who have difficulty remembering events

Follow the narrative account by asking specific questions

Appearance

Names

Numbers

Speech

Conservations

Are a narrative description of the events related to a crime 3 main techniques

Narrative

Question and answer

Chronological

3 questions you need to ask

Did you do it

Is there anything else you want to say

Did you lie to me earlier

Three primary Objectives

Ascertain if the subject is or is not the offender

Eliminate the subject by eliciting information and evidence that indicate innocence

Obtain a confession from the guilty and/or information about the involvement of other persons

Requirements of Miranda

In Custody

Interrogated

Miranda has 3 parts

Advisement

Acknowledge/Understanding

Waiver

Is silence a waiver?

No

Waiver must be

Voluntary

Intelligent

Knowing

Starting the interrogation

Letting a suspect sit alone can build anxiety

Take command as you enter the room and identify yourself by name

Don’t be arrogant

Select the technique you are going to use

Friendly or authoritarian

Give the Miranda Advisal (if needed)

Establish rapport

Make small talk lower the suspect’s guard and for them to not see you as the enemy

Often done outside the interview room and off camera

Helps if you know the circumstances surrounding how the crime was committed

Make no promises

Questioning techniques

Create a casual feeling-provide water, coffee

Establish credibility-You show knowledge of the crime and suspect’s background

Provide compliments-make suspect feel good about themselves

Force responses

Ask a question that will implicate the suspect

What time did you arrive at the house

Deflating or inflating ego

Tell the suspect-We know you couldn’t be directly involved because you are not smart enough

3rd degree tactics

Denial of food; water or sleep for abnormal periods of time

Not allowing suspect to go to the bathroom

Multiple officers ask questions in shifts for prolonged periods of time

Give the suspect two incriminating choices for committing the crime

“Did you plan this or was it done on the spur of the moment”

When they accept one of the alternatives, go after the details

Confessions must be

Voluntary

Without any threats, promises or rewards

Confessions is only

One part of the crime

A confession will not stand it’s own