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
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