Interview and Interrogation

1. Interview and Interrogation Describe the difference between and interview and an interrogation.

2. Process • Police officer should always control the conversation • Yes and No question, simple response- give clearer and more accurate details of the incident • Interviews- any conversation with witnesses, victims, or involved parties • Interrogation- designed as a solicitation of information from a suspect who the officer believes has committed a crime or is involved • An interview can turn into a interrogation as a result of information provided that may equal to motive

3. Both • Are voluntary but if a suspect refuses to talk it goes in the record. Show guilty, innocent people don’t have a problem

4. Interview • Voluntary conversation that is usually performed at the start of an investigation • May not involve a crime or suspect, sometimes it is just used to determined what happen • The way in which they gather information if at any point a person gives information that provides “Probable Cause”-Interview must stop immediately • Next Step is to read Miranda Rights

5. Miranda • You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against in a court of law. You have the right to speak with an attorney and to have the attorney present during questioning. If you so desire an attorney and cannot afford one, an attorney will be appointed for you with out charge before questioning. You can decide at anytime to exercise these rights and not answer any questions or make any statements. • Do you understand each of these rights as I have explained to you? • Do you wish to give up the right to remain silent? • Do you wish to give up the right to speak to an attorney and have him present during questioning? • Miranda Forms have to be signed if they do confess

6. Miranda • If the suspect says they don’t want to talk about anything. Questioning is over. • If a person volunteers information during an interview it can be use against them because they are not a suspect at that time. Then they have to give them their rights

7. Field Interview • FI- stop and ask questions of an individual or a group. If prone to commit a crime • Questions that can be asked • Name/ Nicknames • Gang names • Birth • Address • Drivers License • Physical Description • Occupation • Vehicle Information • Clothing Description • Intended Destinationor where they are coming from • Ask if on probation or parole

8. Interrogation • When you are investigating a crime by questioning a person you believed was involved • Must be controlled area- “Interview room” • 3 Chairs and 1 Table • Audio Recorder • Juveniles will have to have a social worker, attorney or parents • Large strategy is to use information already extracted to get the suspect to tell you as much as they can • Once they have volunteered information, it has to be put on paper and signed

9. Interrogation • Lying will result in no eye contact, looking down and away, or a timid presentation • Very Cooperative • Innocent will be angry and abrupt with answers, personal integrity is being attacked • Interrogations don’t always lead to confessions but confessions are not needed to charge a suspect

10. Do’s and Don’t of Interrogations • Legal Interrogation Techniques • Information that is voluntarily disclosed to the police is generally admissible at trial. To elicit voluntary statements, the police may: • Use psychological ploys like lying or selectively revealing important facts • Use verbal trickery • Use other nonviolent and non-coercive deception • Illegal Interrogation TechniquesIn trying to elicit information from a suspect, the police are not allowed to: • Use physical force such as torture • Mental coercion such as mental torture, brainwashing, or drugging • Threats or insults • Exposure to unpleasant and inhumane treatment • Use inducements, such as the promise of bail or of non-prosecution