Modern Interview Techniques in Law Enforcement

1. The Interview Process Chapter 2 2-1

2. The Movement for More Experienced Interviewers Began in the 1990s • One of the challenges is for the interviewer to control the events as much as possible, taking the time needed to do a thorough job while at the same time feeling at ease and comfortable with the process

3. Social Systems TheoryThree Modern Themes: • Caring • Self-development • Postmodernism

4. Caring: Understanding the Interviewee Perspective • The event is: • From his or her point of view • Colored by past experiences • Influenced by physical and cognitive limitations

5. Caring • The perspective of the interviewee impacts the interview • For example, was their last encounter with a police officer a negative one?

6. Self-developmentof the Interviewer • Encourages the interviewer to be constantly vigilant and self-aware

7. Characteristics of Self-development • Remain open to re-direction and change • Remain flexible during an interview, then objective observations are more readily apparent • Watch for the behavior indicators of deceit • Be sensitive to proximities • Cognizance of non-verbal behavior

8. Postmodernism • Police are often seen as a representative of a powerful organization of law and order

9. Characteristics of Postmodernism • Police can’t change how someone views them • Many persons are in awe of this power, some are fearful of it • The effect of their assessment can be negated or supported depending on the goals of the interview • The postmodernist view suggests that all information is contextual

10. Phase I — Interview Preparation • Case Review • Gather information from all available sources

11. Determine the Prior Criminal Record • Determine if prior records exist for the perpetrator and all witnesses

12. Viewing the Scene • Personally view the scene whenever possible

13. Make an effort in reducing misinformation Misinformation refers to internal and external sources of information that change the answers given by an interviewee Misinformation

14. Contamination • One of the most common sources of eyewitness error is when witnesses’ memories become contaminated by new information!

15. Avoiding Contamination • Avoid the use of leading questions, those that suggest a possible answer • Do not use the same photos in subsequent lineups with the same witness

16. Phase II — Establishment of the Psychological Content • The interviewer must always be in control of these situations

17. Situations to be Controlled • Who should be interviewed? • Separate witnesses prior to questioning • When should the interview occur? • Deal with the objections to being interviewed • Where should the interview take place? • Privacy is paramount • When the interview is in the police station • The highest degree of control is possible

18. When Should the Interview Occur? • Influences on when to interview: • Physical and emotional needs of the witnesses • The nature of the offense • Special populations

19. Where Should the Interview Occur? • Convenience—At the scene for preliminary and offender information • For a desired effect—Intimidation is highest at the station and lowest in a private home • Due to available resources—Concerns over facilitated communication or documentation may dictate the best place of interview

20. When in the Police Station: • 10’ X 12’ room – chairs at a 45° angle • Quiet and free of distractions • No windows and limited wall hangings • No electronic devices

21. Phase III — Actual Questioning • Identify potential distorters • Typically, an interview should be one-on-one

22. Potential Distorters • Lack of sleep, illness, weather, and light • Location and distance from event • Pain, hunger, and distress • Emotions such as fear, anger, or worry

23. Recognize Enhancers • Special interests • The five senses of smell, taste, touch, sight, and hearing

24. Interview Guidelines • If there is more than one interviewer, only one is the primary speaker • The victim is typically questioned prior to witnesses

25. Interview Guidelines • Canvas the area for additional witnesses • If the suspect is on the scene and no one is placed in danger, interview the suspect prior to an arrest

26. Primary Types of Questions • Open-ended • Initial seeks a full, undirected narrative response • Clarifying seeks to complete or expand on information already provided

27. Primary Types of Questions • Closed-ended • Requires a yes or no or brief answer

28. The Narrative Expectations • When the person is being truthful the initial open-ended narrative should contain segments that are equal in importance

29. Parts of the Narrative • What happened prior to the event • The event itself • What he or she did after the event

30. Secondary Question Types • Follow-up question • Can be open or closed, probes deeper • Example: Explain in detail what happened • Direct or forced choice • This is a closed-ended question or statement • Example: Was the baby still breathing when you dropped him?

31. Secondary Question Types • Control questions • Used to reestablish control • Example: This is not expected to be easy. Now, please take a deep breath and prepare yourself to answer • Leading questions • Avoid these except for intentional directing • Example: Your wife said that you left the house at 7 am

32. Secondary Question Types • Confrontational questions • Accusatory with a show of anger or disgust. This is meant to put the person being interviewed on edge, giving the interviewer the psychological advantage • Example: You stink!

33. Approach Options • Oblique • Listen and ask only clarifying questions • Formal • Use maximum control of the interview • Informal • Non-adversarial and minimum control