Interview and Interrogation Techniques in Criminal Justice

Interview

To question or converse with victims, witnesses, complainants and informants in order to obtain information.

Interrogation

The formal questioning of suspects or persons in order to obtain incriminating information and/or a confession.

Voluntariness

Incriminating statements are admissible if voluntary.

Totality of Circumstances

Factors such as threats, coercion, promises, restraints, intoxicated, injured, unstable that are considered in determining voluntariness.

Purpose of Interviews

Gather FACTS objectively without bias, discover leads toward new evidence, motives, witnesses or suspects, establish links which connect and/or verify facts supplied by different people or facts learned in previous questioning of the same person, confession or admission, discover the Truth.

Setting for Interviews

A room without distractions, one table with two to three chairs, large enough for three, nothing between you and the interviewee, make him/her comfortable, no stimulants, partner to take notes, your own appearance.

Interviews at Person's Home

No interruptions, no other family members, take control and be in charge, have partner take notes, phones turned OFF.

Roles of the Interviewer

SALESMAN, ACTOR, PSYCHOLOGIST, LISTENER.

Salesman Role

An interviewer is selling two things: selling yourself as a PROFESSIONAL and selling the interviewee on the idea that it is in his/her best interest to tell you their version of the story.

Actor Role

You must minimize the severity of the crime being investigated and not become emotionally involved.

Psychologist Role

Learn as much as you can about the person being interviewed prior to the interview and listen carefully throughout the interview.

Cooperation Statistics

Statistically, 85 percent of the general population will cooperate if the interview is properly conducted.

Eye Contact

You must learn to maintain eye contact.

Finish Sentences

Allow the person to finish sentences.

Content Focus

Focus on the content.

Posture Focus

Focus on posture.

Note Taking

Be able to break down information while taking notes.

Listening with Eyes

The interviewer must learn to listen with his eyes as well as his ears.

Positive Attitude

Characteristic of a good listener.

Objectivity

Be Objective.

Politeness

Be Cordial and Polite.

Even Temperament

Be Even-Tempered.

Sincerity

Be Sincere.

Interest

Be Interested.

Understanding

Be Understanding.

Calm Demeanor

Maintain a calm demeanor.

Engaged Listening

Engaged Listening is the foundation that supports everything else.

Consensual Contact

Type of encounter with citizens.

Investigative Detention

Type of encounter with citizens.

Custodial Arrest

Type of encounter with citizens.

Miranda Rights

Rights read to a suspect during custody.

Custody Definition

Where freedom of movement has been significantly restricted.

Functional Equivalent

Type of interrogation.

Invocation of Rights

Right to remain silent; may recontact after reasonable time.

Right to Counsel

May not recontact; can question only if attorney present or if subject initiates.

Sixth Amendment

Right to counsel attaches at critical stage.

Good Interviewer Characteristics

Reliability/trust, attitude, personality, preparation, open-minded, relaxed, time.

Witness Processes

Acquisition, retention, retrieval.

Factors Affecting Acquisition

Stress, pre-existing perceptions, fatigue, lighting, vision/hearing.

Factors Affecting Retention

Passage of time; 20 minutes - 40% memory loss, 8 hours - 66% memory loss, 20 hours - 75% memory loss.

Weapon Focus

A factor affecting retention.

Post Event Information

A factor affecting retrieval.

Verbal Responses - Truthful

Direct/spontaneous, short answers, consistent story, few pauses.

Verbal Responses - Deceptive

Delayed answers, story changes, frequent pauses, evasive.

Factors Affecting Behavior - External

Society, fear of consequences.

Factors Affecting Behavior - Internal

Intelligence, emotional stability, mental ability, culture.

Observing Behavior

Establish 'Baseline', look for change from normal pattern, look at behavioral clusters, record non-verbal behavior.

Truthful Non-verbal Behavior

upright posture, open/relaxed, frontal alignment, interested, leans forward

Deceptive Non-verbal Behavior

slouching, rigid/guarded, leans back, wringing hands, legs/arms crossed, biting nails, covering mouth/eyes, infrequent eye contact

Accusatory Interrogation

A method that involves a confrontational approach to elicit a confession.

Monologue- Theme Development

A technique where the interrogator develops a theme through a lengthy explanation.

Private Interrogation

Conducting the interrogation in a secluded environment to minimize distractions.

Confidence of Guilt

The belief that the suspect is guilty based on their behavior or evidence.

No note taking

An approach where the interviewer does not take notes during the interrogation.

Highly Structured Interrogation

An interrogation that follows a strict format and procedure.

Unlimited time

An interrogation approach that does not impose time constraints on the interview.

Present an Alternative

Offering the suspect a choice between two incriminating options.

Written Statement

A formal account of events provided in writing by the suspect.

Themes in Interrogation

Psychological excuses that can be used to justify actions, such as blaming the victim or citing poor security.

Alternative Question

A technique where the suspect is presented with two incriminating choices, one being a 'face saving' option.

Examples of Alternative Questions

Did you plan this for a long time, or was this just a spur of the moment? Was this your idea, or someone else's?

Criticism of Interrogative Techniques

Techniques that are coercive, deceptive, and may lead to false confessions.

PEACE Model - Preparation and Planning

Creating a written interview plan, organizing evidence, and stating the interview objective.

PEACE Model - Engage and Explain

The interviewer actively listens, builds rapport, and explains the interview process to the interviewee.

PEACE Model - Account

The main part of the interview where the interviewee provides their account of events.

PEACE Model - Closure

Summarizing the interviewee's account and allowing for clarifications or questions.

PEACE Model - Evaluate

Comparing the interviewee's statements against evidence and deciding on further action.

Successful Traits of Interviewers

Being sincere, interested, confident, using clear language, and being prepared.

Final Thoughts on Interrogation

Non-confrontational approach, using soft words, being patient, and building rapport.