Interrogations, interviews and statement-taking: basic concepts

1. Interrogations, interviews and statement-taking: basic concepts 2019 Certificate in Forensic Investigation Techniques, Thursday 29 August 2019

2. Interrogations, interviews & statement-taking • Basic Concepts: Interviewing, Interrogation and extraction • Planning and preparing for Interviews and Interrogations • Structure of an Interview • Discussion • Judicial restrictions • Variables involved • Person being interrogated • Characteristics of successful interviewers and interrogators • General approaches • Specific Techniques • Resources used in Interviewing and Interrogation

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4. PART 1: Basic Concepts: Interviewing, Interrogation & extraction

5. INTERVIEWING INTERVIEWING:Prelude to an investigation • To determine what has taken place • To establish the truth • To provide all possible evidence to court • What have I got? • What do I need? • Where do I get it? • How do I get it?

6. INTERVIEWING (Cont.) • WHAT IS AN INTERVIEW? Together with Interrogation and Extraction, it forms part of the information gathering process.

7. INTERVIEWING (Cont.) • DEFINITION: “The process of communication between the interviewer and the interviewed person, during which the principles of freedom and privacy apply” The interviewed person is a witness and therefore not detained or the subject of legal prosecution.

8. INTERROGATION • DEFINITION: “Interrogation is the communication between the interrogator and the interrogated person, who is either a suspect or an uncooperative (hostile) witness” During interrogation the principle of upholding a person’s Constitutional rights is upheld.

9. EXTRACTION • DEFINITION: “Extraction is the approach whereby a suspect is forced by illegal means to divulge information against his/her will.” Extraction is always illegal if a person’s individual rights are ignored.

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11. PART 2: PLANNING FOR INTERVIEWS & INTERROGATION

12. PLANNING FOR INTERVIEWS AND INTERROGATION PREPARING THE CASE • Review the facts of the case. - Consider ALL the evidence - Anticipate explanations - Have all the facts at hand - Do not break concentration - Do not allow subject to take over

13. PLANNING (Cont.) • Review background of the subject - Study background of subject and witnesses - Study will prevent lies & deception - Know in advance attitude of subject - Will assist timing & sequence of interviews - Will assist in determining when best time is for interview

14. PLANNING (Cont.) PREPARING THE CASE FILE • Proper use of case file will help in gaining full information – gives impression that full investigation has been done • File to contain all material necessary for the interview • Have documentary evidence available • NEVER leave file unattended or hand exhibits to subject

15. PLANNING (Cont.) PREPARING THE APPROACH, TECHNIQUES & QUESTIONS OF AN INTERROGATION • Conversation with subject to be planned in line with ultimate goal • Plan conversation around structure • Consider the type of questions & sequence • Importance of wording is vital.

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17. PART 2: STRUCTURE OF AN INTERVIEW

18. PREPARATION • Facts: Case Interviewee’s Background Statutes and Elements • Timing: • Location: Your Place Interviewee’s Place Neutral Territory • Plan: By Whom & How Many

19. 1) INTRODUCTION • Name, Authority & Purpose • Proper Introduction Will set Tone for Entire Interview

20. 2) RAPPORT • Common Ground, Respect • Often an Extension of the Introduction

21. 3) QUESTIONS • Who, What, When, Where, Why & How • Open-ended followed by Listening • Cognitive Interview

22. 4) VERIFICATION • Ensures Mutual Understanding • Opportunity for Note Taking • Enhances Witness Recall

23. 5) CATCH-ALL QUESTION • Positive prompt: “What have I forgotten to ask?” • Aggressive prompt: “What have you not told me?”

24. 6) DEPARTURE • Should Create Positive Impression • Leaves Open the Possibility for Re-contact

25. 7) CRITIQUE • The Only Way to Learn from Your Mistakes • Critique Interviews from the Above Steps.

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27. PART 4: Discussion of Interviewing, Interrogation & extraction

28. INTERVIEWING • Informal discussion • Subject not suspected of a crime • Purpose is to obtain information the interviewee has about the matter under investigation • Interview may develop into an interrogation

29. INTERROGATION • Formal conversation between the investigator and a suspect/defendant or an unwilling/hostile witness. • To establish the truth about the matter being investigated • Also refers to the formal questioning of a person to obtain a full and accurate disclosure of facts

30. INTERROGATION • Even if interrogated person cooperates there are rules to follow • If interrogated person resists, legal means should be used to convince him/her to cooperate • Creativity should be used by the interrogator

31. Interrogation: UNCOOPERATIVE WITNESS • Legal means to force cooperation: Criminal Matters: - Section 205 of the Criminal Procedure Act 1977 (Act 51 of 1977 Civil Matters: ? Disciplinary Matters: ?

32. INTERROGATION DISADVANTAGES: • Mentally and physically tiring • Time-consuming • Interrogation may last several hours • Legal prescriptions – Rights of the individual

33. EXTRACTION • Illegally infringing the psychological privacy of a person • Forcing person to reveal information • Always illegal • Example: - Assault/violence - Threat of assault/violence - Extremely lengthy interrogation

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35. PART 5: JUDICIAL RESTRICTIONS

36. JUDICIAL RESTRICTIONS • POTENTIAL WITNESSES Investigations by the SA Police: Cooperating Witnesses • Sec.26 and 41 of the Criminal Procedure Act 1977. Uncooperative Witnesses: • Sec.205 of the Criminal Procedure Act

37. JUDICIAL RESTRICTIONS • QUESTIONING SUSPECTS, ARRESTED AND ACCUSED PERSONS: Investigations done by the SA Police: - SA Police Policy - Constitutional Rights - Judges’ Rules Rights of such persons to be explained

38. JUDICIAL RESTRICTIONS CONSTITUTION AND THE JUDGES’ RULES: • Courts may exclude evidence obtained in improper or unconstitutional manner • Constitutional rights are not absolute • Judges’ Rules are guidelines for Police • Ensure that rights are explained to a person

39. JUDICIAL RESTRICTIONS ADMISSIONS AND CONFESSIONS: • Right not to incriminate oneself • Right to remain silent RIGHT TO ASSISTANCE: • All suspects have the right to legal assistance • Right may be waived

40. JUDICIAL RESTRICTIONS HEARSAY EVIDENCE • It is information that comes to the notice of the investigator through a third party. • Although it may not be admissible as evidence, it should not be excluded from the statement • All information to be contained in the statement

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42. PART 6: variables involved

43. VARIABLES IN INTERVIEWING AND INTERROGATION THE CRIME: • What is being investigated – What have I got? • Stick to the facts of the matter in hand THE SUSPECT/DEFENDANT • Take personality into consideration • Differences determine technique

44. VARIABLES IN QUESTIONING AND INTERROGATION THE INTERVIEWER/INTERROGATOR • Adaptable to circumstances • Behaviour to be sensitive to context THE APPROACHES & TECHNIQUES • Number of broad approaches • Use one suitable for situation

45. VARIABLES IN QUESTIONING AND INTERROGATION INTERROGATION ROOM AND RESOURCES USED: • Create right atmosphere • Choose venue conducive to cooperation

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47. PART 7: types of interviewees

48. TYPES OF INTERVIEWEES INCIDENTAL CRIMINAL: • Person who became involved negligently • Usually a person who wants to cooperate • Person had no intention to commit an offence

49. TYPES OF INTERVIEWEES PSYCHOPATH: • Antisocial Personality Disorder (ASPD) - Diverse motivations for engaging in criminal behaviour • Psychopaths – Total lack of empathy • ASPD likely to respond to rehabilitation while true psychopaths not • Catch a psychopath out on continuous lies

50. TYPES OF INTERVIEWEES PROFESSIONAL CRIMINAL: • Commits crime for a living • May also be a psychopath • Great challenge to interrogator • Investigate thoroughly & confront • No regrets (only being arrested) • Will only cooperate for own benefit