Chapter 1 Distinctions between interviews And interrogations.

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Chapter 1 Chapter 1 Distinctions between Distinctions between interviews interviews And interrogations And interrogations

Transcript of Chapter 1 Distinctions between interviews And interrogations.

Page 1: Chapter 1 Distinctions between interviews And interrogations.

Chapter 1Chapter 1

Distinctions between Distinctions between interviewsinterviews

And interrogationsAnd interrogations

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Characteristics of an Characteristics of an interviewinterview

NonaccusatoryNonaccusatory– Guilty suspect is more likely to volunteer Guilty suspect is more likely to volunteer

information about his success, opportunity, and information about his success, opportunity, and motivesmotives

Purpose is to gather informationPurpose is to gather information– Evaluate a person’s posture, eye contact, facial Evaluate a person’s posture, eye contact, facial

expressions, word choice, and response deliveryexpressions, word choice, and response delivery May be conducted early during May be conducted early during

investigationinvestigation– The more information you can get about the crime The more information you can get about the crime

and suspect the more meaningful the subsequent and suspect the more meaningful the subsequent interview will beinterview will be

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Characteristics of an Characteristics of an interviewinterview

May be conducted in a variety of May be conducted in a variety of environmentsenvironments– Ideal place is a room designed for that purpose, but Ideal place is a room designed for that purpose, but

can be done in the home, office, or back seat of carcan be done in the home, office, or back seat of car Free-flowing and relatively unstructuredFree-flowing and relatively unstructured

– Must be prepared to follow up on responses a suspect Must be prepared to follow up on responses a suspect makes. Information may not be known until later makes. Information may not be known until later during the investigationduring the investigation

Make written notes during a formal Make written notes during a formal interviewinterview– Records suspect’s responses, will be more aware of of Records suspect’s responses, will be more aware of of

suspect’s behavior. Slows down pace of questions so suspect’s behavior. Slows down pace of questions so you can catch suspect’s deception if any.you can catch suspect’s deception if any.

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Characteristics of an Characteristics of an interrogationinterrogation

Involves active persuasionInvolves active persuasion– Investigator will use tactics that Investigator will use tactics that

make statements rather than ask make statements rather than ask questions. This also dominates questions. This also dominates the conversationthe conversation

Learn the truthLearn the truth– Sometimes you will get a Sometimes you will get a

confessionconfession

AccusatoryAccusatoryA deceptive suspect is not likely to offer admissions A deceptive suspect is not likely to offer admissions against his self-interest unless he is convinced that against his self-interest unless he is convinced that the investigatorthe investigator is certain of his guiltis certain of his guilt

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Characteristics of an Characteristics of an interrogationinterrogation

Conducted in a controlled Conducted in a controlled environmentenvironment– Needs to be private and free Needs to be private and free

from distractionsfrom distractions

Conducted only when Conducted only when investigator is investigator is reasonably certain of reasonably certain of suspect’s guiltsuspect’s guilt– If you believe suspect did not If you believe suspect did not

tell the truth during the tell the truth during the interview based on his interview based on his behaviorbehavior

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Characteristics of an Characteristics of an interrogationinterrogation

Investigator should not take notes Investigator should not take notes until after the suspect has told until after the suspect has told the truth and is fully committed the truth and is fully committed to a positionto a position– This serves as a reminder to the suspect This serves as a reminder to the suspect

of the incriminating nature of his of the incriminating nature of his statements and can inhibit further statements and can inhibit further admissions against himself. The notes admissions against himself. The notes should be taken after suspect confessesshould be taken after suspect confesses

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Benefits of conducting an Benefits of conducting an interview before an interview before an

interrogationinterrogationBypassing the interview process is not Bypassing the interview process is not

advisable for these reasons:advisable for these reasons:

Investigator needs to establish a level Investigator needs to establish a level of rapport and trust with the suspectof rapport and trust with the suspect

Investigator can learn important Investigator can learn important information about the suspect that will information about the suspect that will be beneficial during an interrogationbe beneficial during an interrogation

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Benefits of conducting an Benefits of conducting an interview before an interview before an

interrogationinterrogation There is no guarantee that a guilty There is no guarantee that a guilty

suspect will confess during an suspect will confess during an interrogation. If suspect is interrogation. If suspect is interviewed, he may lie about his interviewed, he may lie about his alibi and later find out he liedalibi and later find out he lied

Psychological advantage. Suspect Psychological advantage. Suspect must trust the investigator’s must trust the investigator’s objectivity and sincerityobjectivity and sincerity

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Benefits of conducting an Benefits of conducting an interview before an interview before an

interrogationinterrogationAn exception to this suggestion may An exception to this suggestion may

be a situation in which a suspect is be a situation in which a suspect is caught in an incriminating caught in an incriminating circumstance or clearly evidences a circumstance or clearly evidences a desire to tell the truth during initial desire to tell the truth during initial questioning.questioning.