Interview vs Interrogation

Cpl D. Gurzynski Baton Rogue Police Dept.

Define InterviewDefine Interview

– A conversation in which facts or statements

are elicited from another.

Purpose of an InterviewPurpose of an Interview

• To gather and test the validity of information in order to determine the particulars of the event under investigation.

• To identify other witnesses, suspects and victims.

Subjects of an InterviewSubjects of an Interview• Victims• Witnesses

– Complainant: person that contacts officials.– Eyewitnesses: people who saw what

happened.– No direct knowledge of crime

• Firearms dealer that sells gun to murderer.– Expert Witnesses

• Psychologist, fingerprint technician, CSI

InterviewerInterviewer(You)

• Characteristics of a good Interviewer– Listen and concentrate on what is being said– Polite– Good physical appearance– Controls emotions (don’t get angry)– Flexible and persistent– Sympathetic to suspect situation

• Verbal and non verbal

Interrogation

• Questioning session in which the subject is likely to make incriminating statements or to confess

Rapport: The foundation processInterview and Interrogation: What’s the Difference?

Interview Involves a witness Involves a victim No Miranda rights General information Less demanding Casual Interview in

the field Information not

known Scattershot

approach

Interrogation Involves a suspect Involves custody Requires Miranda Specific facts More demanding Highly structured Interrogate at the

office Confirm know

information Pin-down approach

Interview vs. interrogation• The difference between the two can be

determined by the willingness of the subject• Interviewing – the individual is willing to

cooperate• Interrogation as the movement of the subject

from the “unwilling” chair to the “willing” chair.• An investigators are responsible for changing

behavior – to change someone’s mind• In a democratic society out tools are limited to

persuasion – no beating, etc.

PREINTERROGATION CHECKLIST

• Many investigators find it useful to complete a pre-interrogation checklist to assist them in adequately preparing for their meeting with the suspect.

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Do You Have These Facts Regarding the Crime? Check Here

1 The legal description of the defense

2 The value and nature of loss

3 Time, date, and place of occurrence

4 Description of crime scene and surrounding area

5 Physical evidence collected

6 Weather conditions at time of offense

7 Specific entry/exit points of perpetrator

8 Approach and departure routes of perpetrator

9 Methods of travel to and from scene

10 The modus operandi of the perpetrator

11 The tools or weapons used

12 Names of persons having knowledge

13 Possible motive

14 Details from other case files thata. point to particular suspects

b. show matching modi operandi

c. suggest a pattern of criminality(Source: John Fay, unpublished notebook, American Society for Industrial Security, (Source: John Fay, unpublished notebook, American Society for Industrial Security, Workshop in Criminal Interrogation (Jacksonville, FL: ASIS, 1981), p. A4-1.Workshop in Criminal Interrogation (Jacksonville, FL: ASIS, 1981), p. A4-1.

Open Ended Questions

• Questions designed to prompt the suspect or witness to give a narrative response rather than just a “yes” or “no” answer.

Close Ended QuestionsClose Ended Questions

• Used to get specific responses, usually to clarify information provided during narrative responses to open ended questions.– identification questionsidentification questions

• What color was his hat? Shirt?• How fast were you driving?• What kind of car was she driving?

– Multiple choice questionsMultiple choice questions• Was the car a four door or two door?• Was the suspect running or walking when he left

the house?– Yes-No QuestionsYes-No Questions

• Were you in the house when this occurred?• Do you own a gun?• Did you point the gun at him?• Don’t Forget

– “Did you do it?”

Deception IndicatorsDeception Indicators

• Non-Verbal (Body Language)– When a person experiences conflict, they

become tense.– Increase in tension makes them become

unstable.– To reduce tension, they have to expend the

energy. – Movement is the best way to expend energy

in order to reduce tension.

Non-Verbal IndicatorsNon-Verbal Indicators

• Truthful personTruthful person– Appears at ease– Good eye contact– Sincere expressions– Sits upright/leans forward– Sits still or changes

position smoothly– Arms opened– Attentive and alert

• Deceptive PersonDeceptive Person– Appears anxious– Very rigid– Poor eye contact– Posture changes– Slouches– Nervous movements– Dry mouth, swallowing– Crossed arms– Covers mouth– Feet tucked under chair– Yawns, signs– Blinking– Scratching, twisting hair,

rubbing, etc.

Verbal IndicatorsVerbal Indicators• HedgersHedgers

– Leaving themselves an out• To the best of my knowledge, as far as I know• I don’t think so, to the best of my memory• Ex: To the best of my knowledge, I’ve never been

In that neighborhood. WDA

– ModifiersModifiers• Pretty much, kinda, about, That’s about it• Basically, probably, maybe

– Lack of conviction to their statement

• QualifiersQualifiers

– Emotional enlistments

• “I swear to God”

• “I swear on my mother’s grave”

• “To tell you the truth”

• “Honestly, Truthfully, Frankly, Really”

–Lie to follow

Timothy McVeighTimothy McVeigh

• Newsweek: “This is the question that everyone want to know- Did you do it?”

• McVeigh: “The only way we can really answer that is that we are going to plead not guilty.”

• Newsweek: “But you’ve got a chance right now to say, “Hell no!”

• McVeigh: “We can’t do that.”

Emotional EnlistmentEmotional Enlistment

• Wife ask, “Are you cheating on me?”• Husband, “Honey, I love you, why would

any man do anything to mess that up.”

• Father to son, “How did that scratch, get on the car?”

• Son, “to tell the truth, I didn’t even notice it.”

DeceptionDeception

• Two FormsTwo Forms– Concealment

• Leave stuff out, just don’t say it.• Easiest to do, hardest to detect• But, more readily forgiven

– Falsify• Have to construct a lie• Causes more tension• Easiest to detect

– Deception Clues: Verbal and Non Verbal– Mistake will reveal the truth

Stalling MethodStalling Method• Used to buy time to decide on whether to

tell the truth or lie and what lie.– Repeats the questions verbatim– Rephrases the question

• Did I break in that house?

– Responds with another question (Who me?)– Clears his/her throat– Ask for the question to be repeated– Laughs, stutters, uh..uh, I..I..I.

The BlamerThe Blamer

• Uses offensive statements to get you off of him.– You calling me a liar?– She told you that I did this?– Are you accusing me?

• Take away his stinger – Should I be?

Honorable Associations- Honorable Associations- Barriers to the truthBarriers to the truth

• You ask anybody, they will tell you that I don’t steal.

• I go to church every Sunday, I’m a Christian.

• My mom gives me anything I want.

• God as my witness

• I’ve been here for 18 years and have never been accused of taking anything.

Ways to Say “No”Ways to Say “No”= “Yes= “Yes”• 5 second NOoooooo, No, No, No• No followed by crossing arms or legs• No followed by breaking or making eye

contact• No before question is finished• Breathless No• No, followed by ?, Why would I?• No, followed by, hedger: I don’t think so.

Interrogation Techniques/ThemesInterrogation Techniques/Themes• Direct Accusation

• Blame

• Accomplice

• Emotional

• Minimizing the Consequences

• Baiting

• Bluffing

• Overwhelming Evidence

Direct AccusationDirect Accusation

• Approach with folder or notepad closed.– Video tapes (be careful if bluffing)

• “Jim, our investigations shows that you’re the one that committed this crime.”– Wait a couple of seconds and read his reaction

• I know what happened now I have to find out Why, because it’s important to you and how you want to look. – Truthful: will give a strong denial, there is no why– Deceptive : weak or no denial, Who me?

Theme or TacticTheme or Tactic

• Persuasion Phase of the Interrogation– Move in close and present theme– Stop denials

• Hold on if you didn’t do anything wrong, you don’t have anything to worry about, but if you made a mistake or did something you shouldn’t have, you need to decide how you want to look?

• Hold on, I want you to just listen to me for a minute and let me explain a few things, before you say anything.

Blame ThemeBlame Theme

• Puts Blame on someone or something else besides the suspect– Wife always yelling and screaming, daring

you– The bills, kids need clothes, your not a thief,

you were just trying to help out your family– If it weren’t for the gambling (drugs, alcohol,

etc.) you would have never done this.

AccompliceAccomplice

• Multiple suspects– Divide them and conquer

• You couldn’t of done this by yourself, Roy is telling us that this was your idea, I don’t believe that, but I got to hear that from you.

• I know Roy is your friend, but right now your in the hot seat and you got to think about yourself and how this is gonna effect you.

• To tell on one is to confess.

EmotionalEmotional

• How is this going to effect your family?– Think about your son and when he does

something wrong.– The truth is the quickest way to get back to

your family.– How is this going to effect your poor mama?– Your little baby girl (her name if you know it),

needs her mama at home?

Minimizing the ConsequencesMinimizing the Consequences

• You be the judge– If you had to decide on what to do with the

person that did this, which person would you be more likely to give a break to

• The liar who despite all the evidence hasn’t come to terms with what he has done.

– Looks like a thief, career criminal, etc.

• Or the person who just made a mistake and wants to do the right thing

BaitingBaiting

• Question asked that implies the possible existence of incriminating evidence for the purpose of enticing the suspect to consider changing his denials– Finger prints, eyewitnesses, footprints– Video cameras– DNA

• CSI

BluffingBluffing• Indicating you have evidence that you don’t. -

Very risky• We have your fingerprints all over.

– Suspect was wearing gloves or didn’t go where you say you have prints.

• You could loose your credibility

• Frazier vs. Cupp– US Supreme Court approved the use of trickery and

deceit.– You can lie as long at it does not shock the

conscience of the court or community

Overwhelming EvidenceOverwhelming Evidence

• Bombard the suspect with confirmed solid evidence that you have.– Count it out on your fingers– This looks really bad for you– Show him picture of himself and ask him who

it is.– Criticize his sloppy work

• You left so much evidence

AlternativesAlternatives• When signs of surrender begin to appear

– Feeling Channel• Decision to tell the truth or not• Where you want them

– Suspect lowers his eyes and head» He may have accepted his guilt and is thinking about

admitting to what he has done.» Possible tears (no tissues, let it flow)

– Move in close• Give him alternative between acceptable and

unacceptable reason for committing the crime

– Ask for Confession• Just tell me what happened

Corroborate ConfessionCorroborate Confession

• Once you have your initial admission– Encourage suspect to talk about the aspects

of the crime.– Admission should include elements that they

would know if they committed the crime.• Evidence that you did not reveal

– Note in your report

– Voluntary statement or recorded.

ERNESTO MIRANDA• The now famous Miranda rights are critical

in the process of interrogating suspects

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THE IMPACT OF MIRANDA V ARIZONA AND OTHER SUPREME COURT CASES

• The Supreme Court in the 1960s established a number of legal requirements regarding interrogation of suspects

• Issues Involved Included:– Fifth Amendment protection against self-

incrimination– Sixth Amendment guarantee of right to counsel

• Miranda v Arizona was the critical decision underscoring rights for suspects being interrogated

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REQUIREMENTS IMPOSED ON POLICE BY MIRANDA V ARIZONA

• The police are required to advise in-custody suspects of: – The right to remain silent – The right to be told that anything said can and

will be used against him or her in court – The right to consult with an attorney prior to

answering any questions and the right to have an attorney present during the interrogation

– If the suspect cannot afford to pay for an attorney, the court will appoint one

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RIGHTS WAIVER FORM

• Police departments use these forms to document:– Rights have been given to

the suspects.– Suspects acknowledge

they understand the rights.– Suspect signs waiver of

their rights.

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(Rights Waiver Form courtesy Geauga County, Ohio, Sheriff’s (Rights Waiver Form courtesy Geauga County, Ohio, Sheriff’s Department)Department)

COMPARISON TYPES OF INTERVIEW DOCUMENTATION

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Type Advantages Disadvantages

Memory Quick and easy Limited absorption and recallMost information lost shortly

afterward

Note taking by interviewer Sufficient in most casesCaptures salient detailsPrevents need for reinterviewing

May distract or offend witnessMay preoccupy interviewer,

creating appearance of inattentiveness

May cause interviewer to miss nonverbal messages

Handwritten or signed statements by witness

Useful if witness cannot testifyCan be used to impeach if witness

changes story in court

Request may be offensive to witness

Not necessary in routine statements

Sound or sound-and-visual recordings

Relatively inexpensiveSome equipment portableAll information recorded in

witnesses’ own wordsDoes not rely on inaccuracies of

memory or another’s notesDoes not distractPrevents unnecessary reinterviews

Not necessary except in the most important cases

Generally not practical

COMPARISON TYPES OF CONFESSION DOCUMENTATION

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Type Advantages Disadvantages

1. Video-audiotape or movie Shows all ,including fairness, procedures, and treatmentEasy to doCan be relatively inexpensive

May be legal constraintsQuality equipment may be costly

2. Audio recording Can hear conversationsCan infer fairness

Some words or descriptions may be meaningless without pictorial support

Necessitates identifying people and things involved

3. Statement written and signed in suspect’s own handwriting

Can be identified as coming directly from suspect

Can’t see demeanor or hear voice inflections

Suspect may not agree to procedure

4. Typed statement signed by suspect

Signature indicates knowledge of an agreement with contents of statement

Less convincing than methods described above

5. Typed unsigned statement acknowledged by suspect

Contents of confession or admission are present

Acknowledgement helps show voluntariness

Reduced believability of voluntariness and accuracy of contents

6. Testimony of someone who heard confession or admission given

Contents admissible Carries little weight with juries