Interview/Interrogation

Interview
Non accusatory questioning with the purpose of finding truth and getting to interrogation, no threats made to coerce confessions at this time
Non-Structured
Treat them as people, not the animals they are

Interview Preparation
Where will it be conducted?
What will I ask?
What law will I need?
Know the crime scene, the “Keys” or intimate details
Interview witnesses and informants before suspect
Interview with one or two officers

Interview Location
Conduct interview in LE office
The interview room should be free and clear of barriers-desks, tables, etc.
No weapons inside interview room, including service pistol

Timing of the interview
Allow sufficient time to conduct the interview
Surprised or unannounced interviews can be productive, catch them off guard without time for them to prepare

Interview Introductions
Introduce yourself and other investigator and state:
-Your name and position
-I will decide if you will be arrested for
Get their background info:
-Full name
-DOB, POB
-Phone #’s and Address, current and previous
-Email
-Employment – Current position and salary
-Education
-Family History
-Friends and associates
-Health problems

Questioning
Passive listening
-Responses don’t convey the interrogator’s feelings. Use words such as “Really” “I see”
Active listening
-Be empathetic and connect w/ suspect’s story and emotion

Paraphrase subjects answer and have them clarify.
Show respect to suspect but not their crimes

Behavior Analysis Interview
Step 1:
Accuse the subject. “You Did…”
Lay out the facts of the subject’s guilt
“We know you were here, you did this”
Observe their reactions
If they deny it, repeat the accusation and ask them why they did it

Step 2:
Cut off denials, or they will become affirmed in denial
“Now you give me a chance to talk”

Step 3:
Provide a reason to confess
Rationalize and minimize the crime
Use emotional themes “Drugs, mom, etc.”
Maintain the momentum

Step 4:
Redirect protests
Protests are reasons of innocence “I have kids, I can’t believe you would accuse me of that”
Protests are used when denial doesn’t work
Incorporate protests into reason to confess “Your kids wouldn’t want you to drag this out”

Step 5:
Maintain suspect’s attention
After failing to protest and deny, they may withdraw
Move closer and make contact with the subject, draw them in as someone to confide in.
Make subject focus on reason to confess, the reason he broke down

Step 6:
Nonverbal cues will tell you if the subject is giving in

Step 7:
Present a good bad option
One objectionable- bad
one understandable – good
Tell the subject he based his actions on the good option
“You’re not a bad guy, you did it because you had to”

Step 8:
Obtain the confession
Express empathy and understanding
Ask open ended questions
Get intimate details from subject

Confession statement
Subject will test the water with small admissions.
Get them to admit to each part of the problem
You made a mistake, you did the right thing now
Get them to write it out

Cognitive interview techniques
Memory enhancement
Most effective with cooperate witnesses/victims
Victims and witnesses are physically and mentally in shock
Victims of sexual abuse not recorded

Step 1:
Professional intro and rapport building
Isolated location free from distractions

Step 2: (for victim)
Psychological first aid – your dealing with trauma
All about them in this stage. “Are YOU OK?”

Step 3:
It’s OK stage, “We have it under control”

Step 4:
The WE stage “We are in this together” “Need your help so WE can bring this person to justice”

Step 5:
The I stage. “I need some info about…”
Open ended questions, don’t interrupt. Gather info

Step 6:
Relive the entire day. “What time did you leave your house. What did you do next”

Step 7:
Relive the context of the crime. Ask what happened during that time. Can even take them back to scene of the crime. Use drawings or models
Ask why they were there

Step 8:
Have witness relate everything, get all the details
Motivate the victim/witness

Step 9:
Change the sequence of their story, asking them questions about different periods in the story
Start in the middle and work backwards

Step 10:
Ask specific questions geared toward memory retrieval
Ask for License plate #, descriptors, etc.

Ending the interview
Verify the witness/subject’s story as you understand it.
Take notes while you ask clarification questions
Improved witness recall

Is there anything else you would like to tell me?

Ask yourself if this should continue into interrogation

Transition to interrogation
Take a short break before beginning
Officer does the talking
Give the subject a reason to confess
Give him a theme (I know this isn’t like you)
Anatomy of interrogation themes

Interrogation
Questioning changes from inquisitory to accusatory “You murdered him!”. structured with intent to promote an incriminating statement in a controlled environment. Investigator should be fairly certain of suspect’s guilt. Do not take notes during, keep the information flowing.
Structured, they should percieve information to be hostile
-Fear Legal, Hostility, Anxiety

Techniques
Get them to write their story down so you can capture them in a lie

Miranda Rights
Only applies if they are detained or in custody, and government officials are going to ask them questions related to the crime
“Custodial Interrogation”
Can be given verbally, but ideally it will be written or printed, read together and signed

Waiving Miranda
Nodding of head is sufficient, verbal is better, signed is best
Suspect can revoke waiving of rights at any time.

Miranda Exceptions
Non-Testimonial Evidence
Voluntary statements or statements to a 3rd party
Res-Geste statements (talking on own free will)

Johnson Rights
GO 860 Section .45
What they are being charged for, that they are going to go before a commissioner.
Whenever a defendant is in custody and has not been afforded an initial appearance before a commiss. prior to questioning, that defendant must waive his Johnson rights (pre printed on back of Miranda Rights form) or he must be taken for an initial appearance before further questioning

Interviewer
Learn the facts of the case, never get caught in a lie
Have a converation with purpose of gaining confession
Make a sales pitch, don’t make promises or threats
You can lie but don’t get caught in it

Who to interview
Victims, Witnesses, Subjects of investigation and their family/friends, General Public (Canvassing neighborhood), Informants

Non Verbal Cues
Slumped head, defeated posture

LGBTQ questions
Do you find the DMV area to be more or less accepting of your lifestyle as compared to other areas

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