1 Techniques for Interrogation Chapter 12. Smart Talk: Contemporary Interviewing and Interrogation...

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Techniques for Interrogation

Chapter 12

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Interrogator Relationship

The interrogator should determine if the approach to the interrogation is best made by establishing a status role or connecting through a rapport relationship.

The overriding consideration is that once the interrogator has taken on a hostile role with the suspect it is impossible to go back and later develop rapport.



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Purpose of the Interrogation The primary

purpose is to obtain the truth

A secondary purpose is to document the lies when the truth is not forthcoming

Obtain a Confession or Admission

Both are known as inculpatory statements i.e. statements

that put the blame on someone

They are treated the same under constitutional analysis



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Slam-Dunk Approach to Interrogation

When the interrogator forcefully claims that the suspect is guilty and does not allow him to deny

Initial hardness may cause some offenders to be fearful of making statements and others will not talk at all Do NOT use if the

suspect is cooperative, mentally ill, or excessively emotional



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Non-Custodial Interrogation Situations

Occurs when the suspect is not in police custody or under arrest The suspect must be fully aware

that he or she is free to leave at any time

The awareness may be based on the location of the interrogation

The attitude of the interrogator Follow through by not arresting the

suspect



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Non-Custodial Interrogation Requirements

Miranda warnings are not required Must be given if the situation

changes Not an available option if the

suspect has been arraigned in court on the crimes under investigation or the individual asks to speak with an attorney



12-7

Custodial Interrogation Situations

Occurs when the suspect is under arrest or is not free to leave because arrest is impending

The offender must be given his rights per Miranda The suspect must

understand these rights and make a intelligent, knowing and voluntary waiver of these rights for an interrogation to take place



12-8

Interrogation Phase I - Preparation Phase I is about

the interrogator establishing control over the interrogation The first three

steps are the same as for interviewing preparation

Step One: Know the Case

Step Two: Determine Prior Record

Step Three: View the Scene

Step Four: Establish the Timing

Step Five: Determine who will Interrogate



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Interrogation Phase II – Develop Outcome-Based Tactics

These are persuasive arguments that are designed to overcome the resistance of a guilty suspect to confess



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Tactic #1 An Appeal to the suspect’s self-interest

This is the most frequent tactic used in interrogation

Encourage the suspect to “get it off his chest” or to “take this opportunity for his side to be heard”

Possible fear to overcome: retaliation Empathize with

the dilemma that the suspect faces

Their best option is to cooperate with the police



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Tactic #2 Confronting the suspect with existing evidence of guilt

This may involve telling the suspect about physical evidence that demonstrates they committed the crime

Possible fear to overcome: paranoia

Point to a failed polygraph test as providing evidence of guilt.

Use the relationship that the suspect had to the victim



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Tactic #3 Undermining the suspect’s confidence in his or her denials

If the suspect does not think that the interrogator has sufficient evidence to arrest, they may be reluctant to provide that information during an interrogation

Possible fear to overcome: fear of arrest

A decision may be made to delay the arrest

State that ‘the facts of the case speak for themselves, you only have the option of cooperating at this point



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Tactic #4 Identify contradictions in the suspect’s alibi or story

The term “because” may be used as a persuasive word

Tell the suspect that he or she committed the crime BECAUSE .. Give examples!

Possible fear to overcome: fear of financial repercussions

Attempt to engage the suspect with why they committed the crime



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Tactic #5 Asking specific behavioral analysis interview questions

Look for behavioral indicators of nervousness, sweating, or frequent licking of lips or wiping of eyebrows

The guilt ridden offender may be unwilling to look the interrogator in the eyes

The apathetic offender will show defiance by looking the interrogator in the eye with denial



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Tactic #6 Appealing to the importance of cooperation

Face the repercussions of the criminal act with the offender and suggest they start over through cooperation

Alternatively, minimize the repercussions and be compassionate

Possible fear to overcome: loss of job

Loss of status or employment loss is a considerable fear to overcome, determine which approach will maximize cooperation



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Tactic #7 Offering moral justifications and face-saving excuses

Minimize the crime and never refer to it by the legal term

Encourage the suspect to express guilt, remorese, or anger towards the victim

Possible fear to overcome: shame

Use empathy to overcome the fear of shame

Ask why the offender did the act to allow for face-saving excuses



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Tactic #8 Confront the suspect with false evidence of guilt

This approach makes sense when there is more than one person involved in the crime

Information provided by one partner can be embellished on and presented as fact to the other

Possible fear to overcome: blame

The suspect who played a minor part will be fearful of taking all of the blame

Suggest that the evidence points to him, this is the chance to share the blame with others



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Tactic #9 Praising or flattering the suspect

Look for evidence that the suspect is insecure

Did the suspect appear to take pleasure in the act?

Praise and flattery may be a very successful tool to obtain a confession

Possible fear to overcome: insignificance

Praise and supportive statements convey a positive judgment to the suspect



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Tactic #10 Appealing to the detective’s expertise and authority

This requires an over-confident approach by the interrogator

It puts emphasis on the status of the interrogator and downplays the ability of the suspect get away with the crime

This tactic allows the interrogator to take charge of an interrogation by suggesting that he or she is much smarter than the suspect

It is used to break down the confidence of the suspect



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Phase III – Getting the Confession the basics

Leave all weapons outside of the interrogation room

Don’t verbally back the suspect into a corner

Don’t invite a denial, ask for an explanation

Don’t interrogate a handcuffed suspect Avoid initial antagonizing Don’t make a cross-examination

confrontation Don’t be solicitous or friendly



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Getting the Confession

Step I: Make the Claim Be honest Use their first

name without title

Do not shout Do not show

anger Be in close

proximity to the suspect



12-22

Getting the Confession

Step II: Lock it in No further discussion on

innocence Present an excuse for their actions Give them good intentions Minimize their culpability in the

crime

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