Interviews and Interrogations Chapter 6. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights...

Interviews andInterrogations

Chapter 6

Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved.

2

Sources of Information

• Information is the lifeblood of police work.– Interview

• Questioning to obtain information regarding a person’s knowledge about a crime, suspect, or event.

• There are both legal and practical reasons to make a distinction between interviewing and interrogation.

• From a practical standpoint, one typically does not interrogate someone who is not in custody.– Interrogation

• Questioning to obtain information from persons suspected of being directly or indirectly involved in a crime.


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Sources of Information• Custody – Loss of the liberty to leave the presence of a law

enforcement officer, regardless of whether one has been told specifically, “You are under arrest.”

• Information about a crime or a confession freely offered during the course of a noncustodial interview is admissible in court:– As a voluntary admission of

guilt. – And provided the subject

understood that he or she was not in custody at the time of the statement.


4

Interviews• During interviewing, officers’ attitudes and demeanor

are generally:– Open– Friendly– Informal– Conversational

• An investigator should begin an interview by establishing rapport with the person to be interviewed.– Rapport - A relationship of mutual trust and emotional

affinity that develops between an interviewer or interrogator and the person being interviewed or interrogated.


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Interviews• Always treat the person to be interviewed with

respect, and address him or her as Mr., Mrs., Miss, Ms., Sir, and so forth.

• Do not call a witness by his or her first name. • Interviews are best conducted face-to-face in a

courteous and sincere manner.• Aware hearing – A technique of listening

and literally hearing what is being said without interrupting the speaker.


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Interviews• Avoid interrupting speakers to interject your own views

or comments.• If time permits, investigators should prepare for the

interview.– In some cases, such as hot crimes or emergencies, there may

be no time for preparation. • However, in most situations investigators should know,

at minimum:– who is being interviewed and who else might be involved in

the case– what the crime involved– where events took place– how the interviewee was involved, and – why things may have occurred as they did


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Interviews• Witnesses, victims, or others

who are to be interviewed about a crime should be separated at the crime scene as soon as possible.

• Allowing one person to hear what another person has to say, or to share their information, contaminates whatever information the investigator might eventually obtain.


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Interviews

• Whenever possible, people involved in a criminal case should be interviewed in a logical order that provides the investigator with increasing amounts of information.

• The following order is recommended:1. Victims or complainants2. Eyewitnesses3. Informants and others who have relevant

information but are not eyewitnesses4. Suspects


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The Cognitive Interview

• Cognitive interview – An interviewing technique that helps victims or witnesses

mentally put themselves at the crime scene to gather information about the crime.

• Cognitive interviewing includes four procedures for triggering memories:– Reconstruct the circumstance– Report all information– Recall events in a different order– Change perspectives


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The Cognitive Interview

• Cognitive interviewing techniques can be very effective for drawing out details of an event; however, there are also several drawbacks. – First, it is much more time-consuming than traditional

interviewing strategies. – Second, it requires more control over the environment

than other interviewing procedures. – Finally, it requires that the interviewer be well practiced in

the technique and have more skill than might be required for more traditional, straightforward question-answer interviewing techniques.


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The Reid Technique of Interviewing

• The Reid technique of interviewing involves a three-part investigative procedure.

• Factual analysis– Represents analysis of the information collected at the crime

scene, including information about evidence, victims, witnesses, and possible suspects.

• Behavioral analysis interview– A nonaccusatory interview designed to identify whether a

person is telling the truth or withholding information.


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• Individuals trained in the Reid technique spend considerable time learning how to interpret suspects’ behavioral responses during the interview

• When an interviewer believes that a suspect has not told the truth during the nonaccusatory interview, the third step in this technique is employed.

• Accusatory interrogation– All deception is motivated by the effort to avoid the

consequences of telling the truth.


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• One of the goals of the interrogation segment of the Reid technique is to reduce the perceived negative consequences of telling the truth.

• An investigator can use a number of legal and proper procedures to illicit information from a deceptive suspect and to encourage the suspect to perceive lesser consequences.


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Complainants and Complaints

• Complainant – An individual who seeks satisfaction or action for an

injury or for damages sustained– It may be the victim of a crime or someone acting

on behalf of the victim.– Complainants provide basic information about the

crime.– They may be able to describe a suspect and the

various details, events, and circumstances before and during commission of the crime.


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Complainants and Complaints

• Complaint – A formal allegation by which a legal action is

commenced against a party; a request for police action in some matter.

– The complaints that complainants bring to police fall into two general categories:• specific or • nonspecific


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Specific Complaints

• If a criminal offense is involved and there is supporting data, the matter may be considered a specific complaint.

• The success of most investigations depends on obtaining complete and detailed information during the initial interview with the complainant.


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Nonspecific Complaints

• If there is no basis in fact or law to warrant police action, the matter may be considered a nonspecific complaint.

• This type of complaint represents a large proportion of calls to police agencies.

• Example:– A caller claims that a person who lives down the

block is engaging in criminal activities such as selling drugs.


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Witnesses• Willing Witnesses– Such people generally cooperate with the police and furnish

all the information they have concerning a given event.• Eyewitnesses– Eyewitnesses are the most

important type of witness.• Reluctant Witnesses– Patience, tact, and

persuasiveness should govern the investigator’s conduct during this type of interview.


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Witnesses

• Silent or Disinterested Witnesses– Appealing to their sense of decency or fairness or

attempting to have them emphasize with victims in the case may help in obtaining information.

• Unreliable Witnesses– May be deficient individuals, publicity seekers, children

with vivid imaginations, or pathological liars.

• Frightened Witnesses– Investigators should try to gain their confidence and

assure them that retaliation is extremely rare.


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Witnesses

• Biased Witnesses– These individuals willingly furnish information, but their statements

may be prejudiced toward the suspect or victim in some way.• Hostile Witnesses

– Are not disposed to furnish any information to the police, are antagonistic and resist any form of questioning.

• Timid Witnesses– Witnesses are self-conscious or shy, lack confidence, or have poorly

developed language skills, the investigator should make every effort to put them at ease.

• Deceitful Witnesses– Tape-recording and playing back false statements can sometimes

induce a deceitful witness to recognize the futility of deception.


21

Witnesses• Children

– Information furnished by children is often unreliable, and corroborative testimony should always be sought.

– Investigators should be exceedingly careful about putting words in a child’s mouth and should avoid asking leading questions.

• Young Adults– Are not as reliable or dependable as mature adults. They are

usually preoccupied with their own personal lives and affairs, or problems.

• Mature Adults– These individuals have a fuller appreciation of police

responsibilities and are generally more dependable witnesses.


22

Taking Notes• It is important for investigating officers to keep accurate field

notes.– However, whether the records should be handwritten notes or

electronic recordings may depend on the witness and the technological sophistication of the investigating officer’s department.

• When using a recording device, the witness should be informed before the interview begins that a taped record is being made. – The investigator should explain that the purpose of recording the

interview is merely to ensure accuracy in what is included in the field record.

• Video records provide a means of assessing various physical behavioral cues that occurred during the interview or an interrogation.


23

Interrogations• During interrogation, there is a shift to a more adversarial

attitude– Officers’ attitudes and demeanor become more formal,

antagonistic, challenging, and competitive.• The direction of an interrogation is narrow and is

specifically focused on the subject’s direct or indirect involvement and knowledge about a crime or the concealment of an offense or an offender.

• The central purpose of an interrogation is to elicit from a suspect, or from people related to or associated with a suspect, information about a criminal event.


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Goals of an Interrogation• Learn the truth and possibly establish the innocence of a suspect.• Obtain an admission of guilt (a confession).• Ascertain the names of accomplices and accessories.• Eliminate or incriminate other suspects.• Gain additional facts and information about the circumstances

surrounding the crime.• Identify new leads either unwittingly offered or intentionally provided

by the suspect.• Locate or recover stolen property.• Discover new or additional physical evidence such as weapons.• Obtain additional facts to corroborate or disprove some fact.• Develop information that might uncover other unlawful activities or

resolve other cases.


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Legal Aspects of Interrogation

• Before being interrogated or questioned while in police custody, an individual must be advised of his or her legal rights.

• Miranda v. Arizona, 1966.– The Supreme Court’s decision in Miranda concerned

the Fifth Amendment and the admissibility of statements obtained from suspects questioned while in custody (or when otherwise denied their freedom).


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Legal Aspects of Interrogation

• Under provisions of the Fifth Amendment, “no person . . . shall be compelled in any criminal case to be a witness against himself.”


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The Miranda warning

• You have the right to remain silent. You are not required to make any statement or answer any questions. Anything you say will be taken down and can be used against you later in a court of law.

• You have the right to speak to an attorney. You may consult with an attorney or have one present with you during any questioning.

• If you cannot afford an attorney, one can be appointed for you. If you want to have an attorney present during questioning, one will be provided by the court at no charge.

• You retain the right to counsel, even if you speak with the police. If you want to answer questions now, without an attorney present, you will still retain the right to stop answering questions at any time.


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Cases Affecting Interrogation Procedures

• Cases Affecting Interrogation Procedures


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Continued


30

Preparing for Interrogation

• In preparing for an interrogation, investigators should review all available data concerning the crime, the suspect, and the victim.

• All materials related to the case file should be reviewed, especially the physical evidence and the modus operandi information.


31

Interrogation Settings

• Whenever possible it should be conducted in a setting familiar to the investigator– This gives the investigator a psychological advantage.

• Most interrogations take place at the police station.• Settings should provide some degree of privacy, and

distractions should be eliminated before the interrogation begins.

• Customarily, at least two officers are present during the interrogation of a suspect.


32

Establishing a Tone

• Establish rapport with a suspect before beginning an interrogation.

• The officer might instead choose to instill a little fear in the suspect by indicating the very serious consequences that will arise if he or she is not cooperative.

• Appeal to the suspect’s conscience or sense of guilt.


33

Establishing a Tone

• Persuasion – Motivating and convincing a person to offer

information or to comply with a request.• Seek to minimize the heinous nature of the crime so it

produces less guilt or shame for the suspect.

• Affected words – Words that have negative connotations in certain

contexts in a given culture.• kill, rape, torture, and other unnecessarily graphic terms


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Liars and Telling Lies

• Psychological and cultural give-aways:– Beating Around the Bush– Outlining– Smokescreens– Specific Word Choice– Disclaimers– Speed of Speech– Verbal Pauses


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Interrogation Approaches

• Interrogations are a process of:– Questioning– Probing– Challenging– Gathering information


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The Logical Approach

• This approach is based on reason.• It assumes that the person being interviewed or

interrogated is reasonable and rational and that there is considerable evidence available.

• Alibi – A defense offered by a suspect or defendant that

attempts to prove that he or she was elsewhere at the time of the crime in question.


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The Emotional Approach• The questioner appeals to a suspect’s sense of:– Honor– Righteousness– Decency– Morality– Family pride– Spiritual beliefs– Justice– fair play– Restitution– Other such reasons for disclosing the truth

• Good with 1st time offenders.


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Indirect versus Direct Lines of Inquiry

• An indirect approach attempts to draw out information without specifically addressing the actual topic or subject. – For example, “Have you ever been in the vicinity of Market

and Gable streets?”• A more direct line of questioning might have been

phrased: – “On Thursday night, September 7, did you rob the

convenience store on the corner of Market and Gable streets?”

• An indirect approach may be useful when subjects are being somewhat evasive or until stronger rapport is established.


39

Validation Questions

• Sometimes, after a suspect has answered a question, the investigator can attempt to validate the answer.

• For example, a suspect may have flatly denied any involvement in the burglary under investigation.

• The investigator might ask him or her:– “So, what time was it when you got home after

breaking into the house?”


40

Deflating or Inflating a Suspect’s Ego

• Challenging a suspect’s abilities, skills, or intellectual capacity sometimes results in angering him or her enough to admit criminal involvement.

• Or a suspect might be told what a rank amateur job had been done in committing the crime in an attempt to challenge the suspect’s sense of pride or professionalism.


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Understating and Overstating

• Sometimes it is best to understate the nature and or penalties of a crime.

• Conversely, in some cases overstating the severity of a crime may arouse a response in a suspect.


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The Third Degree• Third degree – The use or threat of physical, mental, or emotional cruelty,

or water or food deprivation, to obtain a confession.• Officers cannot:– hit, punch, strangle, or in any other way cause physical harm

to a suspect – hold a suspect for more than 48 hours without allowing the

suspect an opportunity to contact the outside world• Officers cannot refuse:– rests, toilet privileges, food, or water to a suspect

• It is not illegal to make a suspect feel uneasy about the interrogator’s level of actual information or knowledge about the suspect.


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Interrogating Juveniles

• In re Gault (1967)– Police officers and probation officers are obligated to advise

minors, upon taking them into custody, that they have a right to remain silent, a privilege against self-incrimination, and a right to be represented by private counsel or by counsel appointed by the court.

• Should the minor, because of youth, be unable to knowingly and intelligently waive these rights, the rights must be explained to the parents or legal guardian before the juvenile is interrogated.


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Interrogating Juveniles

• In most jurisdictions a juvenile’s parents or guardian must be notified when the child is arrested or taken into custody.

• Questioning of juveniles usually takes place in the presence of the parents or guardian, or in the presence of an attorney representing the juvenile.


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Confessions and Admissions

• Confession – A voluntary statement--written, oral, or recorded--

by an accused person, admitting participating in or commission of a criminal act.

• Admission – A voluntary statement by the accused person

containing information and facts about a crime but falling short of a full confession.


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Guidelines for Taking Confessions and Admissions

• There are no magic formulas for taking confessions or statements of admission.

• Officers are more or less on their own and are held strictly accountable by the courts for everything they do.


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• The form of the confession is immaterial; it may be oral, narrative, question-and-answer, or a combination of question-and-answer and narrative type.

• The suspect should not be placed under oath; such precautions reflect a possible form of compulsion.

• A tape recorder, if used, should not be turned on until the officer is ready to obtain a concise statement from the suspect.


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• Questions should be asked in the shortest and simplest manner so that the suspect easily understands them.

• This manner of questioning brings out all of the facts in the most effective way.

• Confessions should be as brief as possible while including all the relevant details.

• There is no minimum length for a statement. • The inclusion of details assists the officer in corroborating the

statement of the suspect.• Each page of a statement should be initialed or signed by the

subject unless, of course, the subject writes out his or her own confession.

• See entire list on pages 127-128.


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Technology for Seeking the Truth

• Today agencies more commonly use technology and science to try to assess the truthfulness of a suspect’s statements.


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The Polygraph• Polygraph – A mechanical device that permits an assessment of

deception associated with stress as manifested in physiological data.

• A study of law enforcement agencies in the United States found that 93 percent of the responding agencies use polygraphs in their investigations.


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The Polygraph• Typically, a polygraph simultaneously records:– respiration– blood pressure– heart rate– even the skin’s electrical resistance

• Two types of questions are traditionally asked during a polygraph examination. – Control questions, which are used as standards of

truthfulness against which the examiner can compare patterns created when the subject is asked questions about the crime.

– Investigative questions are questions about the crime.• The actual test is not admissible in court.


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Truth Serums and Hypnosis

• Using injections of sodium pentothal, phenobarbital, or other fast-acting drugs:– produce a deep-sleep-like condition– not achieved scientific acceptability as a reasonable and

accurate means for establishing truth• Hypnosis:– The courts have established guidelines for using testimony

from such a procedure.– The hypnosis must be performed by a trained professional,

independent of either party in the case, after a thorough study of the subject and the case.

– Subjects must be advised of their rights and must give their consent to the procedure.

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Interviews and Interrogations Chapter 6. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights...

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