Interviewing,Report Writing, & Testifying

New Probation Officer’s OrientationIndiana Judicial Center

March 15, 2012

Interviewing

Interviewing

When do you interview clients? Interviews for specific reports Supervision contacts

Always trying to obtain information

Interviewing vs. Interrogation Interview

Non-accusatory, objective, or neutral

Used to gather variety of information

Flexible and free-flowing

Dialogue between the participants

Interrogation Accusatory and

biased Very specific and

focused Structured to find

a specific piece of info

Persuasive techniques used

Interviewing Tips Build rapport

First impression will go far Talk on your way to your office Set a positive and professional tone Be informative

Introduce yourself Explain your role Explain the process

Talk about past conversations that lets them know they are not just a “case” to you

Interviewing Tips

Be polite Avoid surprised and unpleasant

expressions Appear comfortable with questions

and their answers Be non-judgmental Don’t argue

Interviewing Tips

Upset or angry clients Remain calm Model the demeanor they should

follow Know your escape routes Speak softly if they are loud Open your door End interview if threatened or

inappropriate

Interviewing Tips Difficult or uncooperative clients

Building rapport can help Reflect discomfort

You seem… Reflect resistance

I hear you saying… Paraphrase resistance

I understand you are upset because… Allow time to vent Take a brief break

Interviewing Tips

Listening skills LISTEN! Don’t interrupt Reduce distractions (take notes or

record?) Make eye contact Paraphrase, summarize, repeat back Clarify answers Keep your mind from wandering

Interview Questions Closed-ended questions

Require one word answer

How many children do you have?

Are you married? Are you working

anywhere? Did you have a good

relationship with your parents?

Open-ended questions Require explanation

Tell me more about what you do in your job?

What do you think you could do to change that?

What have you tried before that worked?

What was your relationship like?

Interviewing Tips Prepare BEFORE the interview begins

Read case notes, read reports, read demographic packet, etc.

Write out some questions from materials Use guide for lengthy interviews or

when specific information is needed Let them stray from the guide and be

flexible Use pauses and encouragements to

keep talking (uh-huh, yes, etc.)

Motivational Interviewing In general, people tend to disclose

information more freely and accurately when they feel they are being listened to, respected, and supported.

Style of communicating that helps people explore and resolve ambivalence about changing specific, maladaptive behaviors.

Major goal is to elicit change talk.

Motivational Interviewing

Active listening skills of MI Open ended questions Affirmations Reflections Summaries

Using active listening skills lowers defenses a person has and increases the quality of information received.

Motivational Interviewing

Stages of change Pre-contemplation – No awareness Contemplation – Some acknowledgement Preparation – Realization Action – Trying new behaviors Maintenance – Usually more than 6

months Relapse/Exit – Slipping back or perm

change

Motivational Interviewing General principles

Express empathy “Acceptance” – it’s possible to see and understand

an offender’s perspective and not agree with it. Develop discrepancy

Focus on their behavior versus what they want Avoid arguing

Counterproductive Rolling with resistance

Develop strategies to combat resistance Supporting self-efficacy

Support their belief in change

Report Writing

Common Reports for POs

Presentence Investigation Report (PSI)

Pre-dispositional Report (PDR) Preliminary Inquiry (PI) Modification Report Petitions (PTR & PTM) Memos, letters, emails, notes, etc.

Writing Tips Spelling

Use spell check on your computer Don’t ignore the red squiggle lines under

words Use a dictionary Check for homophones and use the

correct spelling (words that sound the same but are spelled differently)

To, two, too Rain, reign, rein Their, they’re, there

Writing Tips

Contractions Generally avoid in reports (informal)

Numbers Spell out numbers zero to ten

Slang Don’t use it unless it’s in quotes

Plurals and possessive ‘s shows possession unless word ends

in s

Writing Tips

Grammar Use grammar check on your

computer Have another person read it Does it make sense?

Thesaurus Reports, describes, accounts, details,

states, explains, characterizes, etc.

Writing Tips Professional wording

He got drunk and… He was intoxicated when…

He was kicked out of school… He was expelled during the 2011-

2012 school year due to…

Writing Tips

Objective Real or factual; without bias Most sections of reports should be

written objectively Subjective

Of one’s feelings rather than fact Typically when writing recommendations

and/or evaluation at the end of a report

Writing Tips

Factually accurate These reports matter!

Self reported information from client Indicate whether or not it was verified

Know your audience Judge, attorneys, defendant, DOC,

public

Presentence Investigation Reports

INcite application Ask supervisor about access

Incorporates IRAS into the report Required to complete IRAS

Instruction manual on first page in the application plus information icons throughout When in doubt, follow the instructions

and ask your supervisor

Presentence Investigation Reports

Face sheet Demographics and a quick reference

to information contained in the report Legal history

Provide any details that you can for each offense

History carries from report to report

Presentence Investigation Reports

Present offense Official version

Attach documents when appropriate Defendant’s version

Written statement Use quotes when possible Good information for attitudes and

behavioral orientation section

Presentence Investigation Reports

Victim information Attach documents when appropriate Required by statute to make

(attempt) contact and provide certain information to the victim

Certification statement in the PSI

Presentence Investigation Reports Parent/family information

The defendant characterized his childhood in positive terms, reporting no instances of abuse or neglect during his formative years and stating that he and his siblings were adequately provided for, in a financial sense, during that time.

The defendant explained that his family situation abruptly changed in 2003 when his parents separated due to financial and communication problems. He recalled that the family resided in a “nice” home and were “suddenly broke” with their situation going “downhill quickly”. Over the next three years, he states that he and his siblings moved from home to home staying with relatives.

Presentence Investigation Reports Personal relationships (significant others)

Mr. Example reported that he has never married but has been in a relationship with Ms. Jane Doe since 2010. He indicated they are engaged, residing together in Bloomington, with plans to marry when their son is older and his legal situation is resolved.

The defendant stated that Ms. Doe is very supportive of his despite the hardship that his recent periods of incarceration created for her financially. He explained they have been unable to pay rent and living expenses without help from her family members.

Presentence Investigation Reports

Dependents Provide as much information as you

can about dependents living within the same home

If residing outside of the home attempt to provide information about any existing child support orders and compliance

Presentence Investigation Reports Peer associations

Mr. Example indicates that he has changed his friends and associates within the past year in an effort to avoid further legal problems. He stated that he typically associates with his family, his girlfriend, and her family who have not been involved in the criminal justice system.

Presentence Investigation Reports Education

Try to verify as much as possible Verification matters if sent to DOC where time cuts can

be earned for achievements

The defendant reported he attended Bloomington High School South through the 10th grade and enrolled in the Graduate Alternative School in the 11th grade. He states that he withdrew from school after only two months at his new school because he “lost focus”. He describes his academic performance as being “very good” during his high school years.

Records obtained from Monroe County Community School Corporation indicate that Mr. Example was expelled during his 10th grade year for being in possession of marijuana on school grounds. He was permitted to enroll in the Graduate Alternative School the following year, but was again expelled for truancy. Mr. Example obtained a total of 11 credits and earned a grade point average of 1.3.

Presentence Investigation Reports

Employment Try to verify as much as possible Helpful to describe an employment

history along with current employment

Obtain lengths of employment Note periods of unemployment If unemployed, list steps to gain

employment or reasons why not Include military information

Presentence Investigation Reports

Financial situation Try to verify as much as possible

through copies of bills, pay check stubs, etc.

Document public assistance or disability

Document how they survive if not employment and no other sources of income

Presentence Investigation Reports

Residence, neighborhood, and leisure Try to verify address using GIS or

mapping software Physical health

Obtain releases to healthcare providers

Obtain medication list if possible Describe reasons for disability and

length of time

Presentence Investigation Reports

Mental health Obtain releases to healthcare

providers and hospitals Obtain medication list if possible Don’t include substance use (next

section) Describe history when possible along

with current treatment

Presentence Investigation Reports

Substance use Obtain releases to treatment

providers Detail a history of use, age on onset,

and current use Describe treatment history and

current efforts Include contradictory information

from official records (drug tests, etc.)

Presentence Investigation Reports Attitudes and Behavioral Orientation

Mr. Example made statements to law enforcement and in the preparation of this report indicating his belief that his actions do not substantiate the charges filed against him. He states that he was “just the driver”. When discussing the events that occurred inside the residence, Mr. Example reports that he is not responsible though he admits he knew what his co-defendants were planning we he agreed to drive them.

The defendant reported that he considers himself to be curious and adventurous without being a risk taker. He indicated that he believes these personality traits have contributed to his involvement in the criminal justice system.

Presentence Investigation Reports Risk and needs assessments

Information from the IRAS is automatically inserted.

Add complimentary assessments if done Evaluation/Summary

Summary – objective Evaluation – opinion Draw conclusions on appropriateness of

sentence Include aggravating and mitigating factors

Recommendations Accept or reject plea; make your own

Preliminary Inquiry

Personal information Demographics

Current delinquent act information Detention information (if

applicable) IV-E findings

Reasonable efforts and best interests

Preliminary Inquiry Juvenile’s background

Prior legal history Family information School information Employment information Health information Substance use information

Evaluation/Summary Recommendation Permanency Plan

Pre-dispositional Reports

New report on the horizon Contains much of the same

information Incorporates the IYAS into the

report More information in the near future

Pre-dispositional Reports

Personal information Demographics

Current delinquent act information Client/parent statement

Use quotes when possible Victim impact statement

Required by law to make the effort

Pre-dispositional Reports Juvenile’s background

Prior legal history Family information School information Employment information Health information Substance use information

Financial information Home and neighborhood Home adjustment Religious and social orientation

Pre-dispositional Reports Prior services and adjustment

pending disposition Risk and needs assessments IV-E findings

Reasonable efforts and best interests Permanency plan Evaluation/Summary DCS concurrence Recommendation

Petitions, Memos, and Filings

When appropriate follow what’s in statute

Establish facts Defendant found guilty Placed on probation

State violations, requests, etc. Use standard forms when possible

Testifying

Testifying

Definition Making of a statement under oath or

affirmation in a judicial proceeding

Common Reasons POs Testify

Pretrial supervision or recommendations

Presentence or predisposition reports Modification hearings Violation hearings Civil proceedings Jury trials

BE PREPARED!

Testifying

Learn, Practice, and Observe Learn what to expect

Talk to your chief or supervisor Talk to your peers Talk to your prosecutor Talk to your judge

Practice and observe Go through questions you may be

asked Watch experienced POs in court

Dress for Court

Dress for Court Check with your Chief or Judge Business (formal) attire

Tie, jacket, dress, suit, etc. Out of county always assume

formal dress Look professional Jewelry and tattoos should

probably be minimized

Other Tips

Be on time! Notify someone you are there Reduce distractions

Do not take your phone if a distraction

Do not chew gum Do not hold pen/pencil

Case File

Know what is in it Keep it organized Know what is alleged in PTR or PTM Use summary sheet if needed Have a recommendation

Take the file or not?

Case File

Maintain excellent documentation Document each contact and

appointment Document what is expected of client Be very clear in directives (examples below)

Treatment (goals and deadlines) Public restitution (number of hours, deadline for

completion, where to do hours) Fees (amounts, pay plan, deadlines)

Case File

Documentation (continued) Include other things discussed

Employment status Address Other conditions

Have client sign and give them a copy

Testifying Tips

http://youtu.be/UMA3dhtvEV0

Testifying Tips

Be HONEST and tell the truth, the whole truth, and nothing but the truth.

Swearing in or affirmation Address the Judge as “Your Honor”

or “Judge” May have to testify about your

training and experience

Testifying Tips Body language

What you say is partially communicated through body language

Sit up straight Do not be tense Avoid distracting arm movements or hand

gestures Minimize nervous movements Do not react to others through body

language

Testifying Tips LISTEN Speak clearly at a normal rate of speech Be polite, calm, and never argue Answer directly and completely Reflect on the question before answering

Pause and answer confidently Look at the person posing the question

and answer the audience Avoid jargon and acronyms

Testifying Tips Answer audibly (do not shake your

head because you are being recorded) Answer with words

No uh-huhs, yups, naws, etc.) Clarify questions that you don’t

understand It’s okay to ask it to be rephrased

Don’t volunteer information not asked

Testifying Tips Wait for the question to be completed

Don’t interrupt! Avoid certain phrases

“To be honest…” “To tell you the truth…”

Stop talking if you hear the word “objection” Continue based on what the judge tells

you

Testifying Tips

Is it okay to say “I don’t know”? Yes. Don’t guess at an answer

What happens if you make an error? Ask to correct it

Testifying Tips

Don’t be intimidated Defense attorney’s job to

Damage credibility Give impression you are inept Expose inconsistency Weaken your testimony Win

Don’t take it personal

Testifying

Role is to testify, not convince Judge will weigh evidence and assign

credibility to your testimony

Testifying in Court Example

http://youtu.be/s-3LSt73PZk?t=30s

Troy HatfieldDeputy Chief Probation Officer

Monroe Circuit Court Probation Departmentthatfield@co.monroe.in.us

812-349-2645 – Office812-349-2008 – Desk

Questions?