Interview vs interrogation

1. Interview vs interrogation • To question or converse with victims, witnesses, complainants and informants in order to obtain information. • The formal questioning of suspects or persons in order to obtain incriminating information and/or a confession.

2. Interview location • No phones, pagers etc • No clocks/watches • No decorations • Sound proof • No windows

3. Responsibilities of interviewer

4. Basic rules for developing rapport • Keep an open mind and remain objective • Build and maintain rapport • Be observant-pay close attention • Develop and maintain a professional attitude • Be polite, sincere, empathetic, patient & interested • Handle emotions

5. Structured interview – Frazee three-step process • Respondent tells the story in their own way • Officer uses notes to guide the respondent in retelling the story chronologically (step by step) • Officer reads back finalized notes

6. Cognitive interview • Purpose is to enhance recall • Technique and its purpose described to the witness • Be careful not to suggest anything • Do not stress the witness’s importance • Steps • Witness describes the physical environment where the incident took place • Witness reports his feelings and reactions • Witness mentions everything they can remember • Witness recalls events in a different order • Witness reports incident from another person’s point of view

7. COGNITIVE APPROACH

8. Interviewing children and juveniles • Blurry line between right and wrong, between reality and fantasy • Children concentrate on the present • Easily influenced and manipulated • Unsophisticated, little life experience • Believe that everything will turn out OK once their parents or guardians become involved

9. Interrogation A person will confess to an interrogator because: • They like or respect the interrogator • Hope they better their position with the police, family, employer, themselves etc

10. The Reid Nine Steps of Interrogation • Direct Positive Accusation • Theme Development: • Handling Denials • Overcoming Objections: • Attaining the Subject’s Attention:

11. Handling Subject’s Passive Mood: • Presenting the Alternative Question: • Obtaining the Verbal Confession: • Elements of the Written Confession:

12. Harsh interrogation techniques:Threats and deception • Threats • Severe punishment • Revocation of probation or parole • Consequences to family and friends • Inducements • Monetary rewards • Leniency on their own cases • Tricks • Defining a situation as non-custodial • Misrepresenting the seriousness of a crime • Psychological tricks (feigning sympathy, blaming the victim) • Fabricating evidence

13. Deception Clusters • It is easier to control verbal clues than non verbal

14. Signs of a liar • http://www.youtube.com/watch?v=NNcT9qGLvUc

15. Interrogation Guide • 55% is body language • 38% vocal inflection • 7% what is actually said • Liars deny in detail, truthful people deny categorically • Liars give rambling and indirect answers – truthful people answer directly • Changing subject & resorting to trivia is typical of a deceptive person

16. Guide Continued • When a suspect answers with an answer you don’t want, always ask “are you sure”. Truthful people will normally repeat the first answer without hesitation. Liars will hesitate before answering, change or hedge their answer. • Fail to recognize the question • Refuse to answer the question • Delay in answering • “No” words • The Five second NO – “NO-noooooo” • No – followed by crossing arms/ legs, closing eyes • NO – before question is finished • No – then look around • No- shakes head

17. Deception Verbal Clues • Stammering, Stuttering, slurring speech, hesitating or mental clocks • Make noises or sounds to stall for time: “Aahhu” “Ummm” Ohhh” • Nervous laughter • Politeness of overly helpful, suggesting answers before the question • Skipping around a sentence, stopping a sentence, restarting sentence • Stalling: ask to repeat/rephrase question, answer w/ question • Complaints – why are you picking on me • Religious statements – oh my god, don’t you have anything else to do • Political statements – I know the mayor • Memory lapses – no such thing in regard to significant events

18. Stress / Nervousness Rocking motion of torso Leg swinging Foot or finger tapping Short breaths Tightly clenched hands Wringing hands Clearing throat Fidgeting in chair Scratching or rubbing back of hands Defensive / Withdrawn Closed eyes Lowering of chin Hunching of shoulders Arms crossed Fists clenched Legs crossed Downcast eyes Face turned away Body turned slightly away Negative Body Language Signals

19. Doubt/Deception Pacing Pinching bridge of nose Lowered head Hand over mouth Rubbing eyes Sideways glance Rubbing nose Rubbing behind ear Boredom Drumming on table Head in hand Drooping eyes Doodling Negative Signals Continued

20. Ready to Cooperate Sitting on edge of chair Tugging at pants Standing, hands on hips Tilting head Moving closer Touching Rubbing palms together Openness Unbuttoned coat Uncrossed legs Moving closer Uncrossed arms Evaluation Sitting on edge of chair Body leaning forward Slightly tilted head Hand on cheek Stroking chin Slightly squinting Slow cleaning of glasses Relaxed mouth, chin forward Extended eye contact w/ slight one sided smile Positive Body Language Signals

21. Flag Expressions of Deception • “Really” “Really” – over emphasis • To tell the truth--- • To the best of knowledge--- • I couldn’t lie to you--- • Frankly speaking--- • May my mother drop dead--- • To be perfectly honest--- • I knew this was going to happen--- • Why would I want to do something like this--- • You’re just saying that because, I’m---

22. Qualifying & Camouflage Flag Phrases • I’m not trying to evade the questions--- • I’m not trying to confuse you--- • You know you are looking at me like I’m lying--- • By the way--- • Incidentally--- • I already answered that question--- • Like I told you before--- • My mother didn’t raise me to---

23. Harsh interrogation techniques can lead to false confessions • Even intelligent persons have falsely confessed to seek leniency • Many persons don’t understand the CJ process. They don’t appreciate that confessions are hard to “take back” • Persons who falsely confess often falsely implicate others • Particularly vulnerable • Children and juveniles • Less sophisticated • Persons with mental handicaps • Innocent persons with prior records or on probation or parole, who may fear the consequences of being convicted at trial

24. Memory is not fixed -- it’s malleable • What can implant false memories? • Guided information (coaching or leading a subject) • Using hypnosis to aid recall • Providing false information • False memories can be implanted unwittingly • Not on purpose but through a flawed interviewing process • False memories can be just as emotional as true memories • Everyone is susceptible to some degree