Conducting Successful

Interrogations
By DAVID VESSEL, J.D.

O btaining information that

an individual does not
want to provide consti-
tutes the sole purpose of an interro-
gation. A successful interrogation
results in a guilty or involved
criminal suspect’s making a con-
fession or admitting participation in
an illegal activity. However, inter-
rogators frequently do not acquire
information critical to successful
case resolution. Often, guilty sus-
pects leave the interrogation envi-
ronment without making the small-
est admission. Many experienced
officers leave an interview or inter-
rogation knowingly outwitted by
the suspects. When these situations
occur, criminals go unpunished
and remain free to strike again,
causing the entire community to
suffer.
Interrogations can fail for any
number of reasons. Some reasons
are foreseeable; some are not.
However, interrogators can in-
crease their success rates by
eliminating or minimizing identifi-
able causes of failure. Once inves-
tigators have identified these fac-
tors, they can consider and act establishing a set plan, building a While not all-inclusive, these
upon them to increase the probabil- good relationship with the interro- factors prove vital to successful
ity of successful interrogations. gation subject, allowing enough interrogations.
These major components include time for the interrogation, acquir-
preparing for the interrogation, ing adequate interrogation training, PREPARING FOR
distinguishing between interroga- and understanding that some inter- THE INTERROGATION
tions and interviews, developing rogations will fail regardless of Preparation stands as the most
persuasive themes and arguments, the amount of effort employed. important factor in conducting

October 1998 / 1
 “ Interrogation
training greatly
increases the
reasons for their involvement in
these incidents. However, interro-
gators must exercise caution in us-
ing this technique. In presenting
crime facts to subjects, interroga-
probability of tors must ensure that all prove cor-
success. rect. Otherwise, interrogators will
risk losing credibility, which
greatly increases the chance of in-

Special Agent Vessel serves as a police instructor and legal

advisor for the Las Cruces Resident Agency of the FBI’s
Albuquerque Office.
” terrogation failures.3
Familiarity with
Subjects’ Backgrounds
Acquiring adequate back-
ground information about subjects
constitutes another critical factor in
achieving successful interroga-
tions. Subjects’ feelings, attitudes,
successful interrogations. Too of- opportunity to observe the sub- and personal values directly impact
ten, the unplanned approach leads jects’ verbal and nonverbal re- successful interrogations. Indi-
to interrogation failures. Factors to sponses to the issues presented. viduals often make the choice to
consider when preparing interroga- Accordingly, interrogators know confess based on their emotions,
tions include setting and environ- that these reactions result from the then defend their positions or
mental considerations, knowledge issues and not from any extraneous choices with logic.4 Therefore, the
of case facts, familiarity with sub- stimulus. The further the situation more officers know about the sub-
jects’ backgrounds, and methods of gets from a controlled setting, the jects they interrogate, the better
documenting confessions. higher the chance that the interro- their chances for success. When
gation will fail. If investigators interrogators understand subjects’
Setting and Environmental cannot guarantee this environment, goals, needs, and conflicts, they
Considerations they should conduct the interroga- can use this information to per-
Successful interrogations man- tion at another time and place. Of- suade subjects that confessing the
date that interrogators, not sub- ten, only one good interrogation truth is in their best interest.
jects, control not only the topics of opportunity exists. Risking that op-
discussion but also the physical en- portunity in an unacceptable envi- Documenting Confessions
vironment. 1 Officers should not ronment may be a poor investiga- Officers should resolve the
conduct interrogations unless they tive decision. critical details of documenting the
can guarantee privacy and control confession before beginning the
of the environment. A good setting Case Facts Knowledge interrogation. Once the procedure
is a small, controlled, sound-insu- Understanding case facts re- starts, interrogators should not be
lated room void of distractions. In- mains critical to any interview or involved in extraneous activities,
vestigators should avoid environ- interrogation, but some facts may such as changing audiotapes or
ments with windows, telephones, prove more important than others. searching for needed forms.
clocks, pagers, and intercom Knowledge of how a crime oc- These actions distract subjects,
systems. A setting free from diver- curred can be an effective persua- make them feel less important
sions forces subjects to respond sion tool.2 If investigators can tell than the interrogation process,
only to the inquiries. It also subjects how the crimes were com- and greatly decrease the possi-
gives investigators a much better mitted, the subjects may give the bility of successful interrogations.

2 / FBI Law Enforcement Bulletin

Although interrogators document not seek information. They do not interrogations. These concepts in-
the process by audio or video re- take notes. They only want to ob- clude minimizing the crime, blam-
cordings, they also should obtain a tain truthful admissions or confes- ing the victim, decreasing the
signed, written statement as an ac- sions. shamefulness of the act, increasing
curate summary of the essential Continuing to obtain erroneous guilt feelings, and appealing to the
facts. Moreover, if the audio or or fabricated facts while trying to subject’s hope for a better out-
video recordings prove defective, secure truthful admissions causes come. However, the interrogator
this written record can be admitted investigators to lose the advantage should not make this latter appeal
as evidence and examined by a in the interrogation process. Once as a promise of leniency for the
jury. investigators determine that inter- subject. Such a promise violates
rogation is warranted, obtaining the subject’s right to due process of
DISTINGUISHING BETWEEN the truth from the subjects becomes law and may provide the legal basis
INTERROGATIONS AND their only goal. for excluding the confession as evi-
INTERVIEWS dence.6 Also, many crimes suggest

“
Investigators must make a clear a number of related themes. For
distinction between the two pro- example, theft may bring to mind
cesses of interviewing and interro- such themes as stealing to support
gating subjects. An interview
A...four-step plan can
certain lifestyles, blaming the vic-
should precede every interroga- provide investigators tims, obtaining the subjects’ ver-
tion. Through the interview, offi- with an effective, sion of the incidents, or even com-
cers learn about the subjects and well-proven method mending the subjects for the
their needs, fears, concerns, and of ensuring professionalism of the crimes.
attitudes. They then use this infor- interrogation Finally, conducting good inter-
mation to prepare themes or argu- views before the interrogations and
ments to use during interrogations.
success.
noting the subjects’ key responses

”
During interviews, subjects an- allow investigators to convert these
swer questions from investigators answers into persuasive themes and
about the crimes, themselves, and arguments in interrogations. 7
others involved in these incidents. DEVELOPING PERSUASIVE Knowing what is important to sub-
Through this nonthreatening initial THEMES AND ARGUMENTS jects gives interrogators plenty of
inquiry, investigators identify non- Lack of arguments and themes topics to convert into themes,
verbal and verbal behavior exhib- to persuade subjects to tell the truth which helps combat their greatest
ited by the subjects, build rapport stands as a major cause of interro- problem—running out of things to
and find common ground with gation failures. Three main solu- talk about during interrogations.
them, determine if they should be tions exist for combating this prob- Investigators should have
interrogated (if doubt exists about lem. First, experience provides themes and arguments ready and be
the subjects’ involvement, no inter- investigators with an ever-increas- prepared to relate them to the facts
rogation should be conducted), and ing supply of arguments. Conduct- of the case. If investigators present
obtain additional case facts. ing more interrogations gives in- all of their prepared themes and
Conversely, interrogations vestigators additional ideas and a arguments, they can start over and
bring investigations to a close. In- wider variety of themes to pursue. present them again using different
vestigators use different skills in Next, preparation allows in- words and examples. This process
interrogations, confronting sub- vestigators to plan their persuasive can continue for as long as neces-
jects with statements rather than themes and arguments before inter- sary to obtain confessions. Gener-
asking for information. In interro- rogating subjects. Certain themes ally, the skillful presentation of
gations, investigators lead, and and arguments remain universally frequently used themes and argu-
subjects follow.5 Investigators do valuable in conducting successful ments, along with any specific ones

October 1998 / 3
developed during interviews, re- interrogations, themes, and argu- Using such a plan allows inter-
sults in successful interrogations. ments originate from investigators’ rogators to monitor the ongoing de-
experiences, observations, and velopment and progress occurring
ESTABLISHING A PLAN personal knowledge. Some themes during interrogations. Also, it pro-
An uncomplicated, four-step are universal; others apply to spe- vides interrogators with a proven
plan can provide investigators with cific crimes. Still others appear to road map for obtaining the confes-
an effective, well-proven method have no direct relevance to the inci- sions that can lead to successfully
of ensuring interrogation success.8 dent.9 Any theme may have a sub- resolving criminal cases.
First, investigators confront sub- stantial emotional impact on
jects, either forcefully or moder- interrogation subjects. Themes BUILDING A
ately, with the facts and issues sur- convince subjects to tell the truth, GOOD RELATIONSHIP
rounding the incidents and usually regardless of the consequences. Investigators can achieve sig-
accuse them of complicity in the Without a solid foundation of pre- nificant success in interrogations
crimes. Generally, subjects deny pared themes and arguments, inter- by ensuring that the subjects re-
the allegations. Then, investigators rogations usually fail. main the central focus in interroga-
begin to cut off or stop these deni- tions, surpassing even the interro-

“
als. They must frustrate the sub- gation plan, the themes and
jects’ attempts to circumvent the arguments, the environmental con-
truth by continually halting these Preparation siderations, or any other compo-
denials throughout the interroga- nent. Individuals often confess for
tion process. Otherwise, subjects stands as the no other reason than their respect
increasingly will believe that they most important for and trust in their interroga-
can avoid confessing their actual factor in tors. 10 Therefore, investigators
involvement in the crimes. conducting must build a good relationship with
An effective method of cutting successful subjects. Anything that appears
off these denials involves interro- interrogations. more important than the subjects or
gators’ repeatedly acknowledging the relationship may prove detri-

”
the subjects’ participation in the mental to the interrogation process.
crimes while questioning only Moreover, investigators
their motivations for committing should consider some specific criti-
the acts. By continually affirming Finally, as subjects begin to cal personal elements. These com-
the subjects’ involvement, investi- succumb to the interrogation but ponents focus on empathizing, not
gators can maintain better con- still need slightly more inducement sympathizing, with the subjects’
trol of the interrogation process. to tell the truth, officers can present views of the world and attitudes
At this point, subjects may stop alternative or closing questions. toward interrogation. The perspec-
offering denials and begin pro- These face-saving questions allow tives and outlooks of subjects and
viding excuses or justifications for subjects to make an admission investigators lie in opposite direc-
their actions. This shift in their be- without losing their dignity. Alter- tions. Therefore, investigators
havior encourages investigators native questions include asking should consider the interrogations,
because it indicates progress in the subjects whether they planned the the crimes, and the discussed life
interrogation. crime or committed it on impulse experiences from the subjects’
During the third step, invest- and whether they stole to support points of view. To succeed, inves-
igators present their themes, and an addiction or to help their fami- tigators should examine some of
arguments. If subjects again offer lies. Any positive responses to the human variables that result in
denials, interrogators should stop these inquiries reveal an admission different viewpoints.11 Such vari-
them and present additional themes of truthful involvement by the ables can include differences in
and arguments. As the core of subjects. sex, culture, values, and economic

4 / FBI Law Enforcement Bulletin

 Suggested Reading
circumstances, as well as personal
needs and goals. As investigators Theme Development:
realize and understand these differ- John MacDonald, M.D., and Lt. David Michaud, The
ences, interrogations become more Confession–Interrogation and Criminal Profiles for Police
personal and more effective. Officers (Denver: Apache Press, 1987).
ALLOWING ENOUGH TIME The Plan:
Investigators must remember F.E. Inbau, J.E. Reid, and J.P. Buckley, Criminal Interro-
that successful interrogations re- gations and Confessions (Baltimore: Williams and Wilkins
quire a certain amount of time to Company, 1986).
complete. Some confessions or ad-
missions come quickly, but most Antisocial Personalities:
do not. Those involving a poly- Stanton E. Samenow, Inside the Criminal Mind
graph examination usually occur (New York: Times Books, 1984).
between the second and third hours
of the interrogation session. Gener- Interpersonal Communication:
ally, the chances of obtaining a Deborah Tannen, Ph.D., That’s Not What I Meant!
confession increase 25 percent for (New York: Ballantine Books, 1986).
every hour (up to 4 hours) of inter-
rogation.12 Investigators spend up Intercultural Communication:
to the first hour of the session Edward T. Hall, Beyond Culture
learning about the subjects, build- (New York: Anchor Books/Doubleday, 1976).
ing rapport, obtaining background
information, and discussing the
crimes. Verbal and nonverbal re-
sponses form the basis of the inves- ACQUIRING KNOWING SOME
tigators’ evaluations concerning ADEQUATE TRAINING INTERROGATIONS
the subjects’ degree of truthfulness Interrogation training greatly WILL FAIL
and degree of criminal involve- increases the probability of suc- No investigator can succeed in
ment. It takes time for investigators cess. Formal interview and interro- every interrogation. At least 10
to observe these responses and re- gation courses that have earned the percent of subjects will not confess
late them to the critical issues of the respect of the law enforcement regardless of the investigator’s tal-
cases. Stopping after 30 minutes or community offer a valuable train- ent or hard work.16 Professional,
an hour of interrogation dooms in- ing experience. Numerous officers hard-core criminals fall into this
vestigators to a 75 percent interro- advise that they would not have category of interrogation failures.
gation failure rate.13 Admitting the obtained confessions in many of These subjects are often repeat of-
truth will impact profoundly on their investigations without such fenders and know the criminal jus-
these subjects’ lives and relation- training. 14 Large police depart- tice system well.17 Many exhibit
ships. Subjects make critical life ments, law enforcement academies sociopathic tendencies and display
decisions based on their personal and associations, federal agencies, antisocial behavior, especially to
needs, wants, and perceived ideas and commercial vendors offer authority figures. Even though in-
about their situations balanced several excellent courses.15 Fur- terrogating these subjects fre-
against the themes, arguments, and ther, a few years of on-the-job in- quently proves unsuccessful, in-
facts presented by interrogators. terviewing experience provides of- vestigators may be at the right
Such a complicated process re- ficers with a useful background place, at the right time, to produce
quires ample time to conclude before attending formal classroom the right reason for a subject to
successfully. training. confess. In any case, investigators

October 1998 / 5
should not become discouraged if plague not only the law enforce-
their best efforts do not yield pro- ment community but also the gen- Wanted:
ductive results with these types of eral, law-abiding population. Photographs
criminals.
Endnotes
CONCLUSION 1
Arthur S. Aubrey, Jr., and Rudolph R.
Interrogations fail for any Caputo, Criminal Interrogation, 3d ed.
(Springfield, IL: Charles C. Thomas, 1986),
number of reasons. Addressing and 37.
eliminating the interrelated, identi- 2
John MacDonald, M.D., and Lt. David
fiable causes can prevent most fail- Michaud, The Confession—Interrogation and
ures. Preparing adequately, under- Criminal Profiles for Police Officers (Denver:
Apache Press, 1987), 149.
standing the interrogation process, 3
Bert Decker and James Denney, You’ve
and appreciating the subjects’ Got to be Believed to be Heard (New York:
needs and values remain para-
mount in achieving successful in-
St. Martin’s Press, 1992), 34-35.
4

5
Ibid., 16.
Supra note 1.
T he Bulletin staff is
always on the lookout
for dynamic, law enforce-
terrogations. Additionally, suffi- 6
Miller v. Fenton, 106 S. Ct. 445 (1985).
cient training and ample experience 7
ment-related photos for
Stan B. Walters, Principles of Kinesic
in conducting interrogations pro- Interview and Interrogation (New York: CRC possible publication in the
vide specific assistance to investi- Press, 1996), 2. magazine. We are interested
gators involved in the process. Es-
8
“The Reid Technique of Interview and in photos that visually depict
Interrogation,” Advanced Course Study Guide the many aspects of the law
tablishing a well-developed plan (Chicago: John E. Reid and Associates, 1989),
and allowing sufficient time for the 23-25. enforcement profession and
interrogation to evolve also prove
9
Supra note 2, 84-90. illustrate the various tasks
important factors in ensuring suc-
10
Frederick Link and Glen Foster, The law enforcement personnel
Kinesic Interview Technique (Riverdale, CA: perform.
cessful interrogations. Interrotec Associates, 1989), 56.
All of these elements need con- 11
Los Angeles Police Department We can use either black-
stant attention for investigators to Interview and Interrogation School Course and-white glossy or color
acquire the information critical to
Study Guide, undated, 6. prints or slides, although we
12
Ronald W. Hilley, retired FBI polygra- prefer prints (5x7 or 8x10).
successfully resolve their cases. pher and instructor, interview by author, June
Properly addressing these factors 3, 1997. Appropriate credit will be
greatly contributes to increasing
13
Ibid. given to contributing photog-
the number of confessions obtained
14
This information is based on the author’s raphers when their work
experience teaching these courses for the past appears in the magazine. We
from guilty or involved suspects 10 years.
and to reducing the number of 15
Such organizations include the Los suggest that you send
times officers are duped by these Angeles Police Department, the New Mexico duplicate, not original,
individuals. While interrogation
Department of Public Safety, the FBI, and the prints as we do not accept
Georgia Police Academy. responsibility for prints that
failures impact all aspects of the 16
To the author’s knowledge, no interroga-
criminal justice system, the in- tion publication claims higher than a 90 may be damaged or lost.
vestigators conducting these in- percent success rate. None of the hundreds of Send your photographs to:
interrogators interviewed by the author over
quiries remain the most critical the past 10 years admits to a success rate Brian Parnell, Art
factor in reducing these failures. higher than 90 percent. Retired FBI polygra- Director, FBI Law
With adequate training, increased pher Ronald W. Hilley advised that federal
Enforcement Bulletin,
awareness, and established plans, polygraphers maintain a “...65 to 70 percent
confession rate, on the whole.” FBI Academy, Madison
officers can become successful in- 17
Stanton E. Samenow, Inside the Criminal Building, Room 209,
terrogators and effectively reduce Mind (New York: Times Books, 1984), Quantico, VA 22135.
the number of unsolved crimes that 180-181.

6 / FBI Law Enforcement Bulletin