INTERVIEW AND INTERROGATION

A. INTERVIEW

1. Interview Defined. – An interview is the questioning of a person believed to posses

knowledge that is of official interest to the investigator.

2. Importance of Interview. – Interview in crime investigation is very importance as

the person interviewed usually gives hi account of an incident under investigation of
offers information concerning a person being investigated in his own manner and words.

Basic Assumption: Nobody has to talk to law enforcers. No law compels a person to talk
to the police if he does not want to. Therefore, people will have to be persuaded, always
within legal and ethical limits, to talk to law enforcers. This makes interviewing an art.

3. The person Interviewed.

Consider:
a) His ability to observe.
b) His ability to remember.
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy.
e) His moral weaknesses because of drunkenness, drug addiction, his being a
pathological liar or similar factors.
f) Emotional weakness springing from such sources as family problems, hatred, revenge,
and love.

4. The Interviewer’s Personal Traits.

a) He must be a practical psychologist who understand the human psyche and

behavior.
b) He has a sincere interest in people. People who are reclusive generally are not
good interviews.
c) He is calm, has self-discipline and sensitive.
d) He is courteous, decent and sensitive.
e) He is self-assured and professional. He is tactful, i.e., he knows what to say and how to
say it.
f) He is cordial and agreeable, and never officious. But he should avoid over-familiarity.
 g) He is purposeful, persistent and patient. Some people just cannot be rushed.
h) He is analytical.
i) He is flexible and cautions.
j) He is a good actor and can conceal his own emotion.
k) He avoids third degree tactics and never deviates from the fundamental
principle that a person must be treated according to humanitarian and
legal receipts.
l) He keeps the rules of evidence in mind.

5. Planning the Interview. – In planning an interview, the investigator should,

as a general rule, select a place which will provide him with a psychological
advantage. He should conduct the questioning as soon as possible after the
occurrence.

In planning the interview, the interviewer should consider.

a) The facts of the case which have been established.
b) The information needed to complete the picture.
c) The sources of information that may be consulted such as files and
records.
d) The possibility of confronting the suspect with physical evidence.
e) The time available for the interview.
f) The time allowed by law.

6. Planning the interview. – Preparation of the Interviewing a witness, the law

enforcer should mentally review the case and consider what information the
witnesses can contribute. If the case requires it, he should acquaint himself with
the background of the witness.

7. Time, place and surrounding Circumstances.

a) It is not always possible to fix the time and place of an interview with the
witness can contribute. If the case requires it, be should acquaint himself
with the background of the witness.
b) Interview of arrested persons should be made as soon as possible after
the arrest.
c) Conduct interview whenever possible in your own turf, i.e., your office.
d) Have an interview room where there will be privacy. It should be a plain
room but not bleak. There should be few furniture , and no distracting
pictures, calendars or similar items.
e) Arrange it so that there will be no interrupt during the interview.
f) Suspects should be interviewed separately and out of sight and
earshot of each other.
g) If there are two interviewers, let one man be the prime interviewer.
h) Arrange chairs so that window light falls on the interviewee and not on the
interviewer.
 i) The interviewer should adapt his speech to the style best understood by the
subject. In dealing with an induce slouching or learning back, and such
positions are not conducive to proper interviews.
j) Straight-back chairs should be used for both subject and interviewer. Other
types of chairs induce slouching or learning back, and such positions are
not conducive to proper interviews.
k) The interview should identify himself and refrain from pacing about the
room.

8. Opening the interview.

a) The interview should identify himself and the agency to which he

belongs.
b) He should try to size up the interviewee and reach a tentative conclusion
about his types, then use the best interview approach.
c) He should keep in mind the provision of law regarding the rights of
people under custody investigation.

9. The body of the Interview.

a) The interviewee should be allowed to tell his own story in his own
words without interruption.
(i) This allows for continuity and clearness.
(ii) Range of interview is broadened.
(iii) It helps the interviewee on the matter later.

b) Interviewee should keep to the point at issue and should not wander too far
from it.
c) Interviewer should be alert for hearsay information so he can question the
interviewee on the matter later.
d) Do not interrupt a trend of ideas by abruptly asking a question.
e) However, you may guide the interviewee with innocuous questions such
as, “And then what did you do?”

10. Questioning.

a) Dominate the interview. Be careful not to allow the interviewee to be the

one asking the questions.
b) Do not ramble. Have a reason for every question asked.
c) Follow the order of time and bring out the facts in that questioning and is
considered the easiest as people tend to think in terms of what happened
first, then second, then third. The interviewer should get step by step in
learning all the details concerning the planning and commission of the crime
and what happened after it was committed
d) Exhaust each topic before moving on to the next.
 e) Determine the basis for each materials statement. It might be hearsay.
f) Keep your questions simple and understandable. Avoid double-edged or forked
questions.
g) The dangers of leading and misleading questions should be borne in mind. A
question which suggests to the witnesses the answer which the interviewer
desires is leading question. Questions which assume material facts that have
not been proven are misleading questions.
h) Wait for the answer to one question before asking a second one.
i) Ask important questions in the same tone of voice as the unimportant ones.
j) As rule, avoid trick or bluffing questions.
k) Where it is necessary to inquiry into the past history of the interviewee
involving something unpleasant, it is wise to use introductory remarks deploring
the need for the question and saying that it is one of the unpleasant but necessary
duties of an officer.

11. Closing.

a) Before closing the interview, the law enforcement should make a mental check
of the purpose of the interview and should analyze what he has learned then
decide whether he has attained his objective . he should be guided in this respect
by the 5 W’s and 1 H – What, Where, When, Who, Why and How.
b) The interview should always leave the door open for a re-interview.

c.)To develop additional leads for the investigation.

d.) To discover the details of any other crime in which the suspect
participated.

c. Preliminary Conduct. -- The interrogator should identify himself at the outset

and state in general the purpose of the investigation. He must advise the suspect of
his rights against self-incrimination and inform him that he does not have to answer
question and that, if he does answer, this answer can be used as evidence against
him. He must inform the suspect of his right to counsel and that a state appointed
counsel will be made available without cost to him if he so desires. The interrogator
may not question the suspect unless the latter has definitely waived his right to be
silent. Ordinarily the investigator should be alone with the suspect and, of course,
the latter’s lawyer, if he has requested counsel.

d. The Interrogation Room. – The room should provide freedom from distractions.
It should be designed simply to enhance the concentration of both the interrogator
and the subject on the matter under questioning.

Interrogation Techniques. -- The following are some of the techniques practiced

by experienced investigation.
a. Emotional Appeals – Place the subject in the proper frame of mind. The
investigator should provide emotional stimuli that will prompt the subject to
unburden himself by confiding. Analyze the subject’s personality and decide
what motivation would prompt him to tell the truth, then provide those
motives through appropriate emotional appeals.
b. Sympathetic Approach – The suspect may feel the need for sympathy
of friendship. He is apparently in trouble. Gestures of friendship may
win his cooperation.
c. Kindness – The simplest technique is to assume that the suspect will
confess if he is treated in a kind and friendly manner.
d. Extenuation – The investigator indicates he does not consider his
subject’s indiscretion a grave offense.
e. Shifting the Blame – The interrogator makes clear his belief that the subject
is obviously not the sort of person who usually gets mixed up in a crime like
this. The interrogator could tell from the start that he was not dealing with a
fellow who is a criminal by nature and choice. The trouble with the suspect
 lies in his little weakness – he likes liquor, perhaps, or he is excessively fond
of girls, or he has had a bad run of luck in gambling.

Mutt & Jeff -- Two (2) agents are employed. Mutt, the relentless investigator, who is not
going to waste any time because he knows the subject is guilty. Jeff, on the other hand, is
obviously a kind- hearted man.