Interviews & Interrogations

1. Interviews & Interrogations What skills and techniques do Investigators use to get information from a person?

2. Interview • Non-accusatory, structured interview during which specific behavior provoking questions are asked with the purpose of eliciting interpretable behavior symptoms that are typical of innocence or guilt. • Additional factual information concerning the case/or suspects may also be developed during this non-accusatory interview.

3. Interrogation • Conversation between the interrogator and suspect, during which the suspect is accused of involvement in a particular incident or group of incidents. • An interview is non-accusatory and an interrogation is accusatory

4. Field Interview Basics: • 90% of job • Field interviews by definition are in the field – limited control • Objective is accurate information • The more private the better – candid and less likely to be affected by other witness statements • Establish rapport • Reduce tension – spatial, non-verbal

5. Field Interview Basics: • Actively listen to whole story • Then – ask specifics and take notes • Guide/keep on task and avoid being questioned yourself • Be objective, even in face of obvious lies – challenging lie will disrupt flow • End with summation • Determine if more extensive interview is needed: be sure to always get contact info

6. Confession vs. Admission • Confession is an acknowledgment of guilt – usually criminal court • Admission is a statement of fact – usually civil proceeding

7. Setting • Quiet place that can be controlled • Interview rooms ideal • Sparse • Recording devices • Control • Safe • No window • Three chairs & a table

8. Setting • One on one • Multiple interrogators reduce likelihood of trust • Could also be “coercive”

9. Who Gets Questioned? Victims • At home/hospital • Not best source of info – particularly on details • Type of crime may inhibit information • Vengeful – may distort or exaggerate

10. Who Gets Questioned? Witnesses • The more independent - the more valuable • Witness may be suspect – Gideon • Witness with a grudge may ruin case

11. Who Gets Questioned? • Informers – the more protected they feel – the better the info • Accusers/complainants – vengeance may taint info • Suspects

12. Main Purposes of an Interviewor Interrogation • Establish Facts: Who, What, When, Where, and Why? • Identify the guilty party or parties. • Obtain a confession from the guilty. • Establish a suspect. • Clear other related cases and recover evidence or assets.

13. Preparation • Know everything you can about interviewee • Rap sheet • Internet search (Facebook et al) • Info gathered from other interviews • Investigative databases – public (NCIC) & private (Choicepoint) • Other databases - credit reports, etc. • Identify information you need to get • Outline questioning

14. Communication Dynamics Wording 10%: accuracy is vital Voice 40%: tone, pitch, pace Body language 50%: tells the story

15. Kinesic Interview Techniques • Watch for certain unspoken clues like gestures, facial expressions and physical postures. • Nearly every person unwittingly communicates her mental or emotional state, physical condition and more through cues in her body language.

16. Kinesic Interview Techniques Verbal cues: Tone, shakiness, volume • Speech quality and content • Broken sentences • Inappropriate laughter • Referring to one's self in the third person • Admitting guilt for other crimes or mistakes • Repeating the interviewer's questions (or asking to have the questions repeated) • Short answers • Excessive generalizations

17. Kinesic Interview Techniques Physical guilt cues: • Hand over his mouth • Sit with his arms crossed and thumbs extended • General fidgeting of hands and feet • Lowered head and nodding

18. Kinesic Interview Techniques Physical cues: • Guarded behaviors – crossing arms and legs, hands on face, leaning forward • Opening behaviors – signs of relief, leaning back, looking up • Confession behaviors might include slumping in one's chair, covering the belly area or repeatedly shifting in one's seat

19. Questioning Techniques Reid Technique

20. Reid Technique • Very commonly used today • Three phases • Factual Analysis - get all the facts • Behavior Analysis Interview – baseline of suspect behavior and communication • Nine Step Interrogation – giving a moral justification theme that ends by creating a false dilemma with 2 alternate explanations – 1 less offensive

21. Reid Technique • Direct Confrontation – confidently accusing of crime • Support with facts even if some are guesses or even lies • Theme Development – give a reason they committed the crime • Watch victims response to each possible motive for body language (nodding head) • Smooth, non-threatening voice to build false sense of security

22. Reid Technique • Dominance – reject all denials • They begin to believe their own lie • Watch for lies of omission where they avoid the parts of the story that implicate themselves • Turning Objections into Justifications – Suspect usually mentions immoral/evil behavior or other reason they didn’t do it and you turn it back on them

23. Reid Technique • Expressing Empathy – Push on suspects guilt, “I know you are feeling so bad about this.” • Offer Alternate Theme – Return to step 2 and run through motives you think will hit home, watch close for response as suspect is usually submissive by this point

24. Reid Technique • Alternate Question – pose a question that works with the theme you are on that gives the suspect 2 choices • Socially unacceptable • Lesser of the two, maybe even a “no big deal” spin • Confession – if they hit on either they’ll confess (make sure to have recorder and witnesses)

25. Reid Technique • Confessing to others – useful to have them confess to family, more likely to confess later in process such as in court • Also complete written confession at this point

26. Reid Technique • Technique has its share of critics • False confessions problematic with youth • Be sure to check validity or reasonableness of confession details

27. Questioning Techniques Other Techniques

28. Good Guy / Bad Guy Approach • Television has rendered this approach unusable. • Also called Mutt & Jeff in UK • Works OK with youth, naïve offenders • The bad guy may step over the line and become guilty of intimidation or coercion.

29. Factual Approach • Requires Extensive Investigation • The answers to who, what, where, when and why must already be known by the interrogator. • The interrogator must be able to counter the suspects explanations or stories. • Usually lacks rationalization, which allows the suspect to save face while making an admission.

30. Emotional Approach • Addresses reasons why suspect did what he or she did. It does not address circumstances or details. • The interrogator offers reasons and excuses. • The interrogator introduces a factual component which first establishes guilt, then allows the suspect to save face while confessing • Even though the suspect is guilty, the emotional approach often minimizes the seriousness of the suspects involvement and it can enhance the results

31. Best Method to Use • The one that best fits the circumstances and the desired outcome. • One that the interviewer/interrogator is comfortable using. • A combination of any or all. • The one that obtains the information that you need.

32. Legal Issues A confession is worthless if it is not legal…

33. Self Incrimination: 5th Amendment • Limited to Testimonial Communications that Could Result in Conviction

34. Does NOT apply to: • Body fluids — blood tests, breath tests, urine tests • Tissue samples for DNA testing • Identification procedures — photographs, line-ups, show-ups • Handwriting and voice exemplars • Movements — sobriety test, posing as directed, wearing clothing found at crime scene

35. Can NOT be used: • Shield another person • Protect against civil liability

36. Custodial Interrogation • Suspect must be informed of the Miranda rights prior to custodial interrogation • Custodial means the person is not free to leave

37. Warnings are NOT required: • Temporary detention • Traffic citation issued without taking the violator into custody

38. Interrogation includes both direct and indirect questioning

39. Waiver of Miranda warnings must be knowing, intelligent and voluntary: • Knowing — suspect has been advised of the Miranda rights • Intelligent — suspect has sufficient intelligence to understand the Miranda warnings • Voluntary — no coercion can be used to obtain the waiver

40. Subsequent Interrogations • If prior interrogation session violated Miranda rights: • Statements from improperly conducted session are inadmissible

41. Subsequent Interrogations • Statements obtained at later session may be admissible • Must have proper Miranda warnings and waiver • Fruit of Poison Tree analysis — case by case determination if prior error taints later interrogation sessions

42. Subsequent Interrogations • If prior interrogation session was conducted properly (including valid Miranda waiver) and it ended without suspect invoking Miranda right to remain silent or to have an attorney present:

43. Subsequent Interrogations • May resume interrogation at any time • Suspect retains right to invoke Miranda at any time • New Miranda warnings required only if suspect may have forgotten his/her rights

44. Subsequent Interrogations • If prior interrogation session ended because suspect invoked Miranda right to remain silent • Wait sufficient time to indicate rights will be scrupulously guarded • New set of warnings and a waiver are required

45. Subsequent Interrogations • If prior interrogation session ended because the suspect invoked Miranda right to have an attorney present : • Must have attorney present at subsequent interrogation • If officer initiates the interrogation, waiver valid only if attorney present when waiver is made

46. Subsequent Interrogations • If suspect requested to talk to the police — waiver of Miranda rights would be required BUT the waiver could be obtained without an attorney present

47. Interviews & Interrogations What skills and techniques do Investigators use to get information from a person?