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Chapter 5

Chapter 5. Obtaining Information. Three Primary Sources of Information. Reports, records and databases, including those found on the Internet People who are not suspects in a crime, but know something about the crime or those involved Suspects in the crime. Reports, Records, and Databases.

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Chapter 5

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  1. Chapter 5 Obtaining Information

  2. Three Primary Sources of Information • Reports, records and databases, including those found on the Internet • People who are not suspects in a crime, but know something about the crime or those involved • Suspects in the crime

  3. Reports, Records, and Databases • Local Resources: records and reports of your police department • Caller ID • All Phone Records • All State Information Sources, such as State Police, Department of Corrections and Motor Vehicles, Parole Commission, and State Liquor Authority.

  4. Federal Sources of Information • FBI • National Crime Information Center • U.S. Post Office • Immigration and Naturalization Service • Social Security Administration • ATF • DEA

  5. People with Information • Complainant – a person who requests that some action be taken • Witness – a person who saw a crime or some part of a crime being committed • Victim – a person injured by a crime • Suspect – a person considered to be directly, or indirectly connected with a crime • Informant – anyone who can provide information about a case but who is not a complainant, witness, victim, or suspect

  6. Interview and Interrogation • Interview – a process of obtaining information from people who have knowledge that might be helpful in a criminal investigation. • Interrogation – a conversation between an investigator and a suspect that is designed to match acquired information to the suspect and secure a confession.

  7. Characteristics of an Effective Interviewer/Interrogator • Adaptable • Culturally Adroit • Self-controlled/Patient • Confident • Optimistic • Sensitive to Individual Rights • Knowledgeable of the Elements of Crimes

  8. The Interview • Plan the interview in advance • Select the time and place • Begin the Interview • Establish Rapport • Network the Interview

  9. Interviewing Techniques • Listen and Observe • Direct Questions • Indirect Questions • Repetition

  10. Reluctant Interviewees • Logical Approach: based on Reason • Emotional Approach: addresses such negative feelings as hate, anger, greed, revenge, pride, and jealousy

  11. Cognitive Interview • Tries to get the interviewee to recall the scene mentally by using mnemonic techniques aimed at encouraging focused retrieval. • Introduction • Open-ended narration • Probing memory codes • Review • Close

  12. Enhancing Communication • Prepare for each interview in advance if time permits • Obtain your information as soon after the incident as possible • Be considerate of suspect’s feelings • Be friendly. Try to establish rapport • Use a private setting if possible • Eliminate physical barriers

  13. Enhancing Communication Continued • Sit rather than stand • Encourage conversation • Ask simple questions • Ask one question at a time • Listen to what is said and how it is said • Watch for indications of tension, nervousness, surprise, embarrassment, anger, fear, or guilt

  14. Emotional Barriers to Communication • Attitudes– the ingrained attitude that telling the truth to the police is wrong • Prejudices – concerning a person race, beliefs, religion, amount of education, and economic status • Fear – witnesses fear that criminals will harm them or their family • Anger • Self-preservation

  15. The Fifth Amendment • … no person shall be compelled in any criminal case to be a witness against himself.

  16. Miranda Warning • Suspects must be informed of their right • To remain silent • To have an attorney present • To have an appointed attorney if they cannot afford one • That anything they say may be used against them in court • Miranda applies when the suspect is being questioned and is in custody

  17. Waiving Miranda • A suspect can waive the rights granted by Miranda, but must do so intelligently and knowingly. • A waiver is accompanied by a written or witnessed oral statement that the waiver was voluntary. • Silence in itself is not a waiver.

  18. Other Miranda-type Decisions • Edwards v. Arizona • U.S. v. Dockery • Minnesota v. Murphy • Berkemer v. McCarty • Illinois v. Perkins

  19. Other Important Cases • N.Y. v. Quarles • Brewer v. Williams • Nix v. Williams

  20. Approaches to Interrogation • Inquiring directly or indirectly • Forcing responses • Deflating or inflating the ego • Minimizing or maximizing the crime • Projecting the blame • Rationalization

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