Interview and Interrogation
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67 Terms
To question or converse with victims, witnesses, complainants, and informants to obtain information; a purposeful conversation where the interviewee is expected to cooperate. Interviewee does most of the talking
Why is knowledge of the law important for investigators?
To meet societal expectations and reduce potential liability.
Is there a legal distinction between an interview and an interrogation?
No, there is no legal distinction. Both are directed at obtaining information.
What is the key consideration for the admissibility of incriminating statements?
The key consideration is whether the statements were made voluntarily and without coercion.
A legal standard used to determine the voluntariness of a statement by examining all factors (e.g., threats, coercion, promises, restraints) to determine if a statement was voluntary.
What factors might make a statement involuntary?
Threats, coercion, promises, physical restraints, intoxication, injury, or mental instability.
What is the difference between a confession and an admission?
A confession is a full acknowledgment of guilt, while an admission is a partial acknowledgment of facts.
What is the primary purpose of conducting interviews?
To gather facts objectively without bias.
How can interviews help in other cases?
By discovering leads or connections that may be relevant to other investigations.
What is the role of interviews in establishing links?
To connect and verify facts supplied by different people or facts learned in previous questioning.
What is the ideal setting for an interview?
A room without distractions, with one table, two to three chairs, and nothing between the interviewer and interviewee.
What is the role of a partner during an interview?
To assist the primary interviewer by observing non-verbal cues, taking notes, and providing support during the questioning process.
What should be done to conduct an interview at a person’s home?
Ensure no interruptions, exclude other family members, take control, and have a partner take notes.
When are Miranda rights required?
During custodial interrogations, when the suspect is not free to leave
What are the four roles of an interviewer?
Salesman, Actor, Psychologist, and Listener
What does it mean for an interviewer to be a salesman?
The interviewer must "sell" themselves as a professional and convince the interviewee it’s in their best interest to share their story.
What two things is the interviewer "selling"?
Themselves as a professional and the idea of justice.
What does it mean for an interviewer to be an actor?
the interviewer must minimize the severity of the crime, avoid emotional involvement, and leave out personal bias.
What does it mean for an interviewer to be a psychologist?
The interviewer must learn about the interviewee, understand their behavior, and use this knowledge to encourage cooperation.
Why is it important to learn about the interviewee before the interview?
To tailor the approach and increase the likelihood of gaining their trust and cooperation.
What is the role of a listener in an interview?
To maintain eye contact, allow the interviewee to finish sentences, focus on content and posture, and take effective notes.
what are characteristics a interrogator should have?
a positive attitude, be objective, be cordial and polite, even-tempered, sincere, interested, understanding, and have a calm demeanor
consensual contact?
A voluntary interaction between law enforcement and a citizen, where the citizen is free to leave at any time.
investigative detention?
A temporary detention where an officer has reasonable suspicion that a person is involved in criminal activity.
What is custodial arrest?
A formal arrest where a person is taken into custody, typically based on probable cause.
The right to counsel (an attorney) for criminal prosecutions. attaches at critical stages of criminal proceedings
good interviewer characteristics
Reliability/trust, Attitude, Personality, Preparation, Open minded, Relaxed, Time
What happens during the acquisition stage?
The witness observes an event through seeing, hearing, or touching.
What happens during the retention stage?
The witness attaches meaning to their observations and stores the information in memory.
What happens during the retrieval stage?
the witness recalls the stored information and puts it into words.
What factors can affect the acquisition stage?
stress, pre-existing perceptions, fatigue, lighting, and vision/hearing abilities.
What percentage of memory is typically retained regardless of time?
20%
What is subconscious transference?
When a witness mistakenly associates a person or detail from one context with another (e.g., misidentifying someone from a photo spread).
What happens when a suspect invokes their right to remain silent?
Law enforcement must stop questioning, but they may recontact the suspect after a reasonable time.
What happens when a suspect invokes their right to counsel?
Law enforcement must stop questioning and cannot recontact the suspect unless an attorney is present or the suspect initiates further communication
what is an interviewer’s most important trait?
Listening
What is post-event information, and how does it affect memory retrieval?
Information learned after the event can alter or distort a witness’s memory during retrieval.
Why do interviews fail?
Common reasons include not listening, finishing sentences, asking too many questions, confusing facts with inferences, failing to establish credibility, and not controlling verbal/non-verbal cues or the environment.
What is the difference between facts and inferences?
Facts are objective and verifiable, while inferences are interpretations or assumptions based on facts.
What are characteristics of truthful verbal responses?
Direct, spontaneous, short answers, consistent story, and few pauses.
What are characteristics of deceptive verbal responses?
Delayed answers, inconsistent story, frequent pauses, evasiveness, changing the subject, repeating the question, or answering with a question.
What are external factors that affect behavior?
Society and fear of consequences.
What are internal factors that affect behavior?
Intelligence, emotional stability, mental ability, and culture.
What is a baseline in behavior observation?
The normal pattern of behavior for an individual, used as a reference point to detect changes.
What are truthful non-verbal behaviors?
Upright posture, open/relaxed body language, frontal alignment, interest, and leaning forward.
What are deceptive non-verbal behaviors?
Slouching, rigid/guarded posture, leaning back, wringing hands, crossed legs/arms, biting nails, covering mouth/eyes, and infrequent eye contact.
What are the key elements of interrogation?
Accusatory tone, monologue (theme development), private setting, confidence of guilt, no note-taking, highly structured, unlimited time, presenting an alternative, and obtaining a written statement.
What is the purpose of theme development during interrogation?
To provide a psychological excuse for the suspect’s actions, making it easier for them to confess.
What are examples of themes used in interrogation?
Blaming the victim, poor security, financial/family problems, drugs/alcohol, someone else’s idea/plan, or claiming the act was accidental.
What is an alternative question in interrogation?
A question that offers the suspect two incriminating choices, one of which is a “face-saving” option.
What are common criticisms of interrogative techniques?
They can be coercive, deceptive, and lead to false confessions.
What is the first phase of the PEACE Model?
Preparation and Planning, where the interviewer creates a written plan, organizes evidence, and considers the interviewee’s characteristics.
What is the second phase of the PEACE Model?
Engage and Explain, where the interviewer builds rapport, explains the process, and encourages the interviewee to share relevant information.
What is the third phase of the PEACE Model?
Account, where the interviewee provides their version of events while the interviewer listens and asks appropriate questions.
What type of questions should be used during the Account phase?
Short, understandable questions without criminal justice jargon. Leading questions should only be used if absolutely necessary.
What is the fourth phase of the PEACE Model?
Closure, where the interviewer summarizes the interviewee’s account and allows for clarifications or questions.
What is the fifth phase of the PEACE Model?
Evaluate, where the interviewer compares the interviewee’s statements with evidence and assesses their credibility.
what are successful traits to have during an interview?
be sincere, interested in the subject/witness, confident (w/o arrogance), talk on the same level as interviewee, use clear/concise language, prepared, suspicion w/o showing it, hide prejudices
Why should an interviewer avoid trying to get a confession?
Focusing on small admissions is more effective, as the interviewee is more likely to provide truthful information.