CHAPTER 6

INTERVIEWING

INTRODUCTION

• INTERVIEW- Questioning of those not suspected of being law violators- victims, witnesses

• INTERROGATION- Questioning of a suspected law violator in view of getting a confession for the crime

• Sometimes victims or witnesses become suspects

INTERVIEWS

• Patrol Officers may make preliminary interview- judgments; Investigator later

• Background of victim and witnesses

• “Face to Face” questioning- may be many

• Retellings- Story may change

• Conclusion- The closing attitude of the victim

EMOTIONAL EFFECTS

• Victims may be questioned the same as witnesses- victims may need special attention

• Victims who have had direct contact- been attacked may be more affected

• Emotional and psychological

• May take longer to regain emotional composure

DENIAL

• Experience extreme frustration- may cause anger, depression, or guilt

• Maybe their own actions contributed

• Victims may alter answers to relieve guilt

• Violent crime victims may be so fearful that they cannot give correct answers

• Personal danger- poor witnesses

CRIME COSTS

• National Institute of Justice study shows costs of $105 billion dollars to victims.

• Victims’ compensation– Administered by District Attorney– Federal grant money through the State

Criminal Justice Coordinating Council

WITNESS INTERVIEWS

• Essential to investigators

• Essential to the court process

• Eyewitness- most unreliable source of information

WITNESS

• One who sees or knows by personal presence and perception– Three Requirements– 1. Conscious during the event– 2. Witness was physically present– 3. Psychologically and mentally aware

– CONSCIOUS, PRESENT, ATTENTIVE

WITNESS PERCEPTIONS

• THROUGH FIVE SENSES• Sight and hearing- most important

• Defense will challenge witnesses abilities.• During interviews audio and video tape-

also take notes- Lock in statements.• Ask questions that don’t force witness to

make assumptions- Which hand held gun?

COGNITIVE INTERVIEWING

• Uses interview techniques that aid witnesses and victims in retrieving and elaborating on information recalled from memory

1ST STEP-4 STEP PROCESS

• RECONSTRUCT THE CIRCUMSTANCES

• 1. Reconstruct the circumstances

• 2. Focus on physical environment

• Furniture etc.

• 3. Think about the weather and lighting

• 4. Recall feelings and reactions

2ND STEP

• ENCOURAGE THE SUBJECT TO REPORT ALL INFORMATION FREELY

• 1. Interviewee should do most of the talking

• 2. Don’t withold seemingly unimportant information

3RD STEP

• Ask the subject to recall events in a different order than from start to finish

• May provide the correct memory ques

• Start with what impressed subject most

• Examine other events by moving

• backward and forward in time

4TH STEP

• ENCOURAGE THE CHANGE OF PERSPECTIVES

• Recall from different perspectives

• Recall from the perspective of witnesses

DISTRACTIONS

• Ask questions in simple terms

• Avoid police jargon

• Speak slowly

• Follow up on comments at the appropriate time

FOLLOW UP

• Complete with a series of questions

• 1. Physical appearance- think of anyone?

• 2. Name recollection- Starts with which letter? How many syllables?

• 3. Recall numbers- High or low? How many digits? Any letters included?

• 4. Speech think of anyone?

• 5 Conversation-reactions, unusual words?

SENSITIVITY TO FEAR

• Threats or apprehension of reprisals

• Very unusual but will be investigated

• Witness Protection

• NEVER tell anyone that they have no worry that you will be there to protect them. SPECIAL RELATIONSHIM

SUSPECT INTERVIEWSINTERROGATIONS

• Individual is suspected of a crime

• Preparation by investigator

• Use a formal place at Police Headquarters

• Sparse room décor

• More tense and serious

LEGAL REQUIREMENTS

• MIRANDA V. ARIZONA

• You have the right to remain silent.

• Everything you say can and will be used against you in a court of law.

• You have the right to have an attorney and to have him present during questioning.

• If you cannot afford an attorney one will be appointed to represent you.

COURT DECISIONS

• ESCOBEDO- Murder suspect was denied having his attorney present, was found guilty, later overturned by the US Supreme Court.

• MIRANDA- Kidnapping and rape suspect- Established the warning necessary to be given to suspects prior to questioning.

MIRANDA WARNIND

• When required?

• Before questioning

• You do not need to immediately read rights. Allow suspect(s) to voluntarily talk without your questions. They may talk to each other. Audio in patrol car recording.

• No expectation of privacy

INFORMATION GATHERING

• Suspect interrogation trys to get a confession, but it is also to gather information that will be used to find evidence corroborating the confession.

• Continue to find out who, what, when, where, why, and how.

ETHICS

• See suspect interview tactics Text P.114

• Tactics are unethical or illegal when they intimidate, coerce, or defeat the suspect’s will.– Threats Rewards

– 50% chance of getting a confession

CRIMINAL BEHAVIOR

• Many suspects allow questions after warning.

• Suspects ego is main reason for interview and confession.

• KNOW HOW A CRIMINAL THINKS

• DON’T THINK LIKE A CRIMINAL

NTERVIEW

• Start with an area not connected with criminal activity- small talk.

• Apprehension is at peak

• Suspect planning deception

• Investigator is at a critical point when the suspect knows that his answers may put him in prison.

BEHAVIORAL CATEGORIES

• PERSONALITY TYPES

• 1. Normal personality

• 2. Psychopathic

• 3. Paranoid

• 4. Obsessive-compulsory

• 5. Psychotic

PSYCHOLOGICALLY NORMAL

• First offenders who have adopted a criminal way of life.

• Have some degree of guilt

• May have respect or fear of authority

• Conditioning by authoritative parents

• Fear of reprisal by suspects, social disgrace, prison may exceed that fear.

BODY LANGUAGE

• Tightly crossed arms, avoidance of eye contact, restless laborious breathing, pronunciation difficulties- indicate fear and deception

• Normal person is very nervous

DEFENSE MECHANISMS

• Investigator should exploit these.

• RPMs

• Rationalize- offer reasonable explanations

• Projection- Attempt to shift blame

• Minimization- Reduce the severiority of the criminal activity

HARDENING

• Natural guilt level will decrease with repetition

• Habitual offender may have partners

• Suspect may be angry if he is the only one in custody.

• Suspect may wish to share his misfortune of capture.

PSYCHOPATH

• Sociopath or antisocial offender has abnormal emotional and psychological development.

Emotionally immature

Highly compulsive

Lacking in social responsibility

PERSONALITY INDICATORS

• Rarely learn from past negative experiences- Police encounters are of no consequence

• Inability to experience guilt

• Considers himself as extremely clever

• Above average intelligence- waives right to silence

CONFESSION

• Difficult to obtain confession

• Senses when investigators attempt to con

• Respond only to what can he get out of

• Several interviews because of suspect’s need for attention

NARCISTIC SUSPECTS

• Have an exaggerated admiration of themselves

• May respond to flattery

• “I can see that you are intelligent”

• “I need your help understanding”

• Sometimes respond eagerly to flattery

PERSONALITIES

• Commit crimes that reflect personality

• Commits offenses that depend on verbal persuasion or manipulation- frauds

• Violent crimes appeal to compulsive present oriented personality

• Suspect needs immediate gratification Rape linked to psychopaths

PARANOIA

• Suspects with fixed delusions, resentful, bitter, think they are singled out and mistreated.

• Frustrates investigators

• Makes excuses

• World is against them

• Attempts to gain support for behavior

• Fearful belief of inferiority

PARANOIA (Cont.)

• Because of unreasonable fears and suspicions may threaten others or complain of various conspiracies

• Disorder becomes more serious may explode into violence and harm family or others

• No cure- only treat symptoms

OBSESSIVE COMPULSIVE

• Exhibits a tendency to focus or fixate on a thought, idea, or other person

• Act is done to relieve anxieties

• High degree of anxiety and guilt

• Needs to be in control

• Rigid and perfection oriented

INTERVIEW

– Begin with indirect questions– OC offenders may go in great detail in non

pertinent areas– Common crimes

• Obscene phone calls, letters, minor thefts, stalking, sexually compulsive acts- exhibitionism, or rape

PSYCHOTIC

• Grossly disturbed• Questioning is normally futile• Schizophrenics and other mental cases

are equally difficult to interview• Do not encourage or expand fantasies• Filter facts through what is said

PSYCHOTIC (INSANE)

• Grossly disturbed individuals easily identified through incoherent rambling

• Generally not legally responsible

• Best treated by psychiatrists

CRIMES

• Wide and eccentric types of crimes

• Disturbance calls by frightened citizens

• Disorganized criminal homicides

• Crimes that lack planning

GENERAL SUSPECT QUESTIONING

• Avoid Yes or No questions• Ask open ended questions

– “What happened?”– “What did you do then?”

Even temper, professional tone- Losing temper allows suspect to get control

Rapid fire questions by multiple officers are usually ineffective

INVESTIGATORS

• Usually one or two is best

• One questions, other takes notes

OTHER POINTS

• Order of things stated

• Things said first are most important

• Suspect’s choice of words

• False supportive phrases- “actually”, “definitely”, “to tell the truth, “I swear shows a lack of confidence in what he is about to say--LYING

SILENCE

• Good use of time

• Some are uncomfortable with silence

• Officer may not answer a question

• Increases anxiety

• Officer can break silence by saying, neutral statements, “You have not finished your statement?”, “Go on”?.

• It’s not what is said but how it is said.

COERCION AND DURESS

• COERCION- Implies use of physical force

• DURESS- Implies mental compulsion

• “I’ll arrest your mother”; “I am the only one between you and lethal injection”

• Negates voluntariness- Motion to Suppress- make interview inadmissible

PROMISES

• No officer has authority to grant immunity

• Can tell that suspects conduct has been beneficial

• District Attorney and Judge can make a deal- YOU CANNOT

• Inadmissible