Law Enforcement II Interview and Interrogation. Copyright © Texas Education Agency 2011. All rights...

Law Enforcement II

Interview and Interrogation

Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.

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Legal Requirements for an Interview

Miranda v. Arizona Miranda was arrested at his home and taken to a police

station for questioning in connection with a kidnapping and a rape

He was 23 years old, poor and completed only half of the ninth grade

Officers interrogated him for two hours, resulting in a written confession

Miranda was convicted of kidnapping and rape The issue was this, must police inform a person subjected

to custodial interrogation of his/her constitutional rights involving self-incrimination and the right to counsel prior to questioning


Legal Requirements for an Interview (continued)

The Supreme Court’s decision Was based on the 5th and 6th amendment

requirements Stated that evidence obtained by the

police during custodial interrogation cannot be used in court unless the subject was informed of the Miranda rights prior to interrogation


Miranda Warning (rights) The right to remain silent Any statement made may be used in a court of

law The right to have an attorney present during the

questioning If the subject cannot afford an attorney, one will

be –appointed for him or her prior to questioning

The right to terminate the interview at anytime

Legal Requirements for an Interview (continued)


Types of People to Interview

Victims and witnesses Determine if an offense has occurred Select the correct offense title Identify the suspect as fully as possible Obtain any information that might be pertinent to a

follow-up investigation

Witnesses (the same criteria as victims) Suspects – to gather information for the

interrogation


Strategies for Interview and Interrogation

Know what information you have and what information you need to obtain from the suspect

Establish rapport by asking questions unrelated to the case

Keep the subject talking and allow him or her to tell his or her own story

Direct questions toward establishing the validity of witness/suspect statements

Direct questions toward establishing the facts of the incident


Strategies for Interview and Interrogation (continued)

Confront suspects with any discrepancies with known facts

Avoid closed (yes or no) questions – instead have subjects explain their answers

Avoid rapid fire questions to allow the subject time to answer

Avoid leading or suggestive questions Control your emotions, be patient, or pass

the subject onto another officer


Factors for Success

Prepare for the interrogation Setting and environmental concerns

It is crucial for the interrogator to control not only the physical environment of an interrogation, but also the subject being interrogated and the topic of discussion

The setting of an interrogation is also very important The interrogation area should be a small, empty room

with minimal furniture and no distractions The room should be sound-insulated to avoid unwanted

noise You may only have one shot at a confession


Factors for Success(continued)

Prepare for the interrogation (continued) Knowledge of case facts

It is essential that the interrogator know as many facts of the case as possible, including how the crime was committed

Many times if you can tell the suspect how the crime was committed, they will tell you the reason it was committed

This technique is somewhat risky because the interrogator will lose credibility with the suspect if he or she provides facts that have not yet been proven



Prepare for the interrogation (continued) Familiarity with suspect’s background

Knowledge of the suspect’s history is important in an interrogation

If you understand a suspect’s feelings, attitudes, and personal values, you stand a greater chance of success

Oftentimes suspects will confess because of emotions or defend themselves with logic

Understanding the suspect’s goals and needs helps you to obtain a confession



Determine Whether to Use an Interview or Interrogation Interviews

Occur prior to an interrogation Are used by investigators to learn information about the

suspects, including fears, concerns, and attitudes which may later be useful in the interrogation

Consist of questions about the subject themselves, the crime, and others that might have been involved

Help investigators identify verbal and nonverbal behaviors exhibited by the suspects

Help build rapport and establish common ground Used to determine if the need for an interrogation exists Are used to gather information



Determine Whether to Use an Interview or Interrogation (continued) Interrogations

Processes that bring the investigation to a close Statements obtained during the interview are

used to confront the suspect(s) Controlled by the investigators, they do not take

notes, since they should have obtained all the information needed during the interview

Their ultimate goal is to obtain a truthful admission or a confession



Document the Confession Take care of the details prior to beginning the

interrogation The interrogators risk being unsuccessful if they

have to stop to take care of paperwork, change audio tapes, etc.

Audio and video recordings should always occur during an interrogation (oral statement)

Have the suspect write a statement and sign it so that, in case the audio and video fail, there is still evidence admissible in court (written statement)


Legal Requirements for Conducting Interrogations

The officer’s duty is to warn the suspect who is in custody of his or her rights prior to obtaining a statement

Oral Statements (Criminal Code of Procedure (CCP) Article 38.22 section 3a) A res gestae statement is admissible Used to establish guilt Made in open court

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.38.htm



Legal Requirements for Conducting Interrogations (continued)

Written Statements (CCP Article 38.22 section 1 and 2) Record information from person involved Make notes during the interview – review and

correct them with the suspect Write or type the statement in the suspect’s own

words Enter the statement as evidence



Qualifications of an Interrogator

Patience Self-confidence Adaptability Correct attitude Alertness Courtesy Tactfulness


Kinetic Interview and Interrogation

No single behavior by itself proves anything

Deceptive behaviors are diagnosed in clusters (two or more signals appearing at the same time)

Behaviors that are significant are those that are inconsistent when stimuli are repeated


Kinetic Interviewand Interrogation (continued)

65% Body Language

7% Verbal 12% Voice Quality 16% Miscellaneous

Symptoms

(Hamilton 2001)


Symptoms are easier to decipher when the subject is not in control of his or her communication flow; they do not have a prepared line of thought

The interviewer must identify a baseline for the subject’s normal behavior and then look for changes

Changes in behavior will be timely about 3 to 5 seconds after the critical stimulus



Deceptions should not be pointed out to the subject

Conduct a reality check. Do the facts of the case fit the behavior exhibited?

The observing and interpreting of human kinetic behavior is hard work

It’s easier for a person to control his or her verbal kinetic signals than his or her nonverbal signals



Deceptive persons are 90% more likely to experience speech dysfunction than truthful persons (Hamilton 2001). Speech dysfunction occurs because the person is unable to maintain a clear line of thought

A total lack of body movement is as unnatural as excessive body movement

Look for body language that is inconsistent with the suspect’s speech



Stress Responses

Anger This response is used to gain control. Do not get

pulled into a subject’s anger; it results in closure Forms of anger are covert, focused, and rage

Depression The opposite form of anger, or anger turned inward Interviewers should empathize with depression and

pull out the negative comments Reactive behavior, person speaks of feeling

depression, health problems, trouble with personal life, etc.

Blames the issue at hand for causing problems


Stress Responses (continued)

Denial The rejection of reality When discussing critical areas,

deceptive subjects have more frequent occurrences of memory failure then honest people

More than 90% of deceptive behavior is presented in denial (Hamilton 2001)



Denial (continued) Symptoms

Memory lapse – focus the subject’s attention on the inability to recall

Denial flag expressions – may preface a deceptive comment

Modifiers – used to respond to questions but really devaluate the answer

Guilt phrases Stalling mechanisms – create time to formulate an

answer


Bargaining The disguise of reality Examples are complaints for sympathy,

minimizing, religious remarks, and excessive courtesy

Acceptance Submission to the truth Punishment statements and third person

statements are common



Interrogation Strategies

Emotion dominant Slow and chronological Personalize everything, building the

case a piece at a time Sensory dominant

Move quickly and get to the point Be objective and do not bluff


Interrogation Strategies (continued)

Logic dominant Logical and accurate Link each piece of evidence and expect

little feedback Ego dominant

Feed the ego Blame everyone else Use case facts only to impeach


Confession Signals

Stop talking and start listening Show acceptance and give the

subject a way out Use common sense and do not

promise things over which you have no control

Remember to be courteous and patient


Resources

Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) Investigator’s Course http://www.tcleose.state.tx.us/

Texas Code of Criminal Procedure and the Family Code http://www.statutes.legis.state.tx.us/

Officer’s Interrogation Handbook, Matthews Bender & Company, Inc., Charlottesville, 2004

Hamilton, Cheryl. Communicating for Results. Wadsworth, Thomson Learning. U.S., 2001

Do Internet search using the following key terms: Gastonia Officer Shot Witness Interview Part 2 Nathan’s Interrogation Video

http://www.tcleose.state.tx.us/

http://www.statutes.legis.state.tx.us/

Law Enforcement II Interview and Interrogation. Copyright © Texas Education Agency 2011. All rights...

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