Lesson 11

Interview and Interrogation

The business of the police is people. While police rely on people to report andhelp solve crimes, every
facet of police work is concerned with the problems of people. The job of the criminal investigator is no
exception. People and the information they supply help accomplish investigative tasks; collecting
information is the key investigative task of police work. Roughly 90 percent of investigator's activity
involves gathering, sorting, compiling, and evaluating information. The investigator cannot function
without information, and information cannot be

obtained without help from the people. In short, people are the most valuable resources in any criminal
investigation.

In any criminal investigation process, interviewing and interrogation are the most important means
to obtain needed information about a crime. Both require a combination of art and skill that must be
cultivated and practiced. Not all people who possess information needed by the investigator are willing
to share it. This is true in both interviews and interrogation. Witnesses may have various motivations and
perceptions, for example, that could influence their responses during an interview. These motivations
and perceptions may be based on either

conscious choice on subconscious stimuli. In addition, gaining information from specific demographic
groups like the elderly and children requires unique skills on the part of the investigator. Situational
characteristics such as the time and placeof the interview/interrogation may also create challenges to
eliciting knowledge about a particular case. Each of these conditions must be effectively addressed in
both an interview or interrogation setting.

The successful interviewer/interrogator must fully understand the techniques of interviewing and
interrogation and have the ability to evaluate thepsychological reasons why people are willing or
reluctant to impart information.

The interviewer/interrogator/investigator's own capabilities and limitations must be recognized.

Personality and the manner in which interpersonal communications are handled can greatly influence
the quality and quantity of information obtained. He/she must be able to convey empathy, sympathy,
anger, fear and joy at various times, as needed but must always remain truly objective. It

is important that the interviewer/interrogator keep an open mind, and is receptive to all information,
regardless of its nature. Above all, the successful interviewer/interrogator must have an insatiable
curiosity.
Objectives of Interview

a. Interviews are conducted in criminal cases for the purpose of gathering information from people who
have or may have knowledge needed in the investigation.

b. The information may come from a victim or from a person who has no other relationship to the
criminal activity other than being where he or she was.

Objectives of Interrogation

a. Interviewing is the process of obtaining information from people who

possess knowledge about a particular offense, as part of the process of

investigation.

b. Interrogation is designed to match acquired information to a particular

suspect to secure a confession.

c. There are four commonly recognized objectives to the interrogation

process.

1. To obtain valuable facts.

2. To eliminate the innocent.

3. To identify the guilty.

4. To obtain a confession.

Interviews and Interrogations: Similarities and Differences

a. As in interviewing, the success of an interrogation depends on a

number of personal characteristics and commitments of the investigator.

Planning for and controlling the events surrounding both interviews and

interrogations are important but are generally viewed as more critical to

the success of an interrogation.

b. Establishing rapport, asking good questions, carefully listening and

proper documentation are elements common to both forms of obtaining

information. Of paramount importance are the myriad of legal

requirements attendant to interrogations that are absent in interview.

Qualifications of Interviewers/Interrogators

a. The effective interviewer/interrogator must be knowledgeable in the art

and science of criminal investigation and know how to use psychology,

salesmanship, and dramatics.

b. Persuasiveness and perseverance are essential to success. The

interviewer/interrogator must make himself or herself easy to talk to. By

the appropriate use of vocal inflection, modulation, and emphasis, even

the Miranda warnings can be presented to a suspect in such a way as not

to cause the suspect to immediately assume a defensive posture. The

words can be spoken without creating an adversarial atmosphere. The

interviewer/interrogator must have a flexible personality and must be able

to convey empathy, sympathy, anger fear and joy at various times, as

needed, but must always truly remain objective.

c. It is important that the interviewer/interrogator keep an open mind, receptive to all information
regardless of its nature.

Preparation for the Interview or Interrogation

The success of both the interviewer or interrogator and the interview or

interrogation will often be determined by the time and dedication committed to

preparing for the interview or interrogation. Both the interviewer and interrogator

must become familiar with the facts of the case under investigation and the

victim.

Witness. If the interview is to be conducted with a witness other than the victim,

the interviewer should find out as much about the witness as possible before

conducting the interview including motivations, perceptions and barriers that

might exist.

Offense. It is necessary that the investigator know specifically what crime or

crimes were allegedly committed.

Victim. If the victim is a person, the investigator should learn as much as

possible about his or her background, the nature of the injury or loss, attitudes

toward the investigation, and any other useful information, such as the existence

of insurance property crime case.

Interrogator must evaluate himself or herself and the conduct of the interrogation

and must begin to evaluate the suspect.

Suspect. The investigation should reveal as much personal background

information on the suspect as can be obtained.

Witnesses: Motivations, Perceptions and Potential Barriers to Effective

Interviewing

a. There are many types of witnesses, and each has different

motivations and perceptions that influence his or her responses during an

interview.

b. There is no way to categorize all personalities, attitudes and other

character traits. Nevertheless, there are some basic groupings that can be

mentioned.

1. Some witnesses may be honest and cooperative and desire to

impart information in their possession to the investigator. Despite these admirable

qualities, however, the information may still be affected by other factors that

influence all witnesses, such as age, physical characteristics, and emotions. It

may be wise in most circumstances to interview this type of witness first to obtain

basic information which can then be compared with later-acquired stories.

2. Some witnesses may desire not to give any information in an

interview regardless of what they may know.

3. Some witnesses may be reluctant or suspicious of the motives

of the interviewer until such time as a rapport can be established and the

investigator can assure the witness of his or her good intentions.

c. There may be other barriers which must be overcome up order

to successfully interview someone who has knowledge of the

circumstances under which a crime was committed.

1. Language barriers

2. A potential witness who may be under the influence of alcohol or

drugs may or may not have information that could be used at trial.

3. In evaluating information provided by juveniles, consideration

needs to be given not only to chronological age but also to the level of schooling.
4. Interviewing anolder person may also present a unique set of

challenges. The interviewer must have knowledge and appreciation for the

physical changes that may occur with aging and be able to effectively respond to

thosechanges when conducting an interview.

5. Vision. Changes in vision that are related to aging vary widely

from person to person. These changes are not strictly dependent upon

chronological age or general health. The eye is so constructed that excellent

vision without glasses is sometimes maintained even in extreme old age.

However, this is an exception. About three-fourths of all older women and over

half of all older men experience moderate to severe changes in visual functions.

Those 65 or older account for half of all legally blind persons in the United States.

6. Hearing. When interviewing someone with a hearing loss

investigator should: gain the person’s full attention, be at the right distance and

speak clearly.

d. Competency of a Witness

1. Competency describes a witness's personal qualifications to

testify in court.

2. Among the factors an investigator must evaluate in determining

the competency of a witness are age, level of intelligence, mental state,

relationship to individuals involved in the case, and background characteristics

that might preclude the testimony of the witness from being heard in court.

3. Relationships among individuals involved in a case may also

affect a witness's competency.

4. Background characteristics also may preclude a witness's

testimony from being accepted in court.

e. Credibility

1. Credibility is distinguished from competency in that the latter is

based on the assumption that a witness is qualified and will be permitted to

testify.

2. Credibility relates to that quality of a witness that renders his or

her testimony worthy of belief.

Reliability of Eyewitness Identification

a. Information provided by eyewitnesses to a criminal event is relied heavily by

both the police and courts in the investigative and adjudication stages of our

system of justice, yet research indicates that eyewitness testimony may be

unreliable.

b. Human perception and memory are selective and constructive functions, not
exact copiers of the event perceived constructive in that gaps will be filled to

produce a logical and complete sequence of events.

c. Experts distinguish a number of factors that limit a person's ability to give a

complete account of events or to identify people accurately. The following are

among those factors.

1. The significance or insignificance of the event.

2. The length of the period of observation.

3. Lack of ideal conditions.

4. Psychological factors internal to the witness,

5. The physical condition of the witness,

6. Expectancy.

Hypnosis as an Investigative Tool

a. The use of hypnosis as a means of aiding witnesses in recalling facts

buried in the subconscious is often thought to

overcome many of the difficulties

experienced in seeking accurate human memory.

b. Hypnosis is often erroneously believed to be a form of sleep. In fact, it

is the opposite. It is best described as a state of heightened awareness in which

the subconscious is somewhat surfaced and the conscious is somewhat

repressed.

1. In this altered state of consciousness, the subject of hypnosis has

a heightened degree of suggestibility, or hyper suggestibility.

2. Hyper compliance, closely related to hyper suggestibility, is a

desire on the part of the hypnotized subject to please the hypnotist or others who

have supported the hypnosis effort.

3. The third major area of concern about reliability of hypnotically

enhanced memory is referred to as confabulation.

c. The Hypnotist: Law Enforcement or Mental Health Professional

One of the controversies that still in existence is whether a hypnotist

should be a mental health professional (preferably a psychiatrist or psychologist)

with special training in the use of hypnosis or a trained law enforcement

investigator, also with special training in the use of hypnosis.

Time, Place, and Setting of the Interview

a. Police officers conduct interviews in a number of situations. The most

common is the on-the-scene interview.

b. The physical circumstances under which the interview takes place can

be critical to the value of the information obtained.

c. Although convenience of the witness is important to a successful

interview, the interviewer need not relinquish the psychological advantage in

d. Privacy is of the utmost importance in conducting interviews.

e. The physical and emotional states of the witnesses are important in

conducting or in determining whether to conduct an interview.

Time, Place, and Setting of the Interrogation

a. Unlike the interview, which may take place in any number of different

locations and at various times which may or may not be advantageous of the

investigator interrogation is a controlled process, controlled by the interrogator.

1. The most critical factor in controlling the interrogation is to ensure

privacy.

2. In addition, privacy may be used as a psychological tool: the

suspect may feel more willing to unload the burden of guilt in front of only one

person.

b. The traditional interrogation room should be sparsely furnished, usually

with only two chairs.

c. The two-way mirror, although still a useful tool for allowing others to

observe the interrogation, is widely known and may cause some subjects to

refuse to cooperate in the interrogation.

Neuro-Linguistic Programming (NLP)

a. Several decades ago, Richard Bandler and John Grinder recognized

that communication could be enhanced if the words and actions of the interviewer

and interviewee were similar; thus. if the interviewer could "mirror" the words and

actions of the witness or suspect, rapport would be more easily established.

b. Neuro-Linguistic Programming (NLP) embraces three simple concepts.

1. First, neuro comes from the idea that behavior originates involving

the five senses seeing, hearing, smelling, tasting and feeling. It is through these

senses that we experience life.

2. Then we communicate our life experiences through language, the

linguistic element.

3. Programming refers to how we organize our ideas and actions to

produce results. from neurological processes

c. An interviewer/interrogator who understands these concepts and can

get in"sync" with the witness or suspect by mirroring or matching mannerisms,

actions and words can make communication barriers disappear, foster trust and

create the flow of desired information.

Interviewing: Processes and Techniques

a. Regardless of the time, place, or setting of the interview, or ultimately the

type of witness or victim interview, there exists some standardization in

technique.

1. An interview has a beginning, a middle its main segment and an end )

b. The cognitive interview technique was developed in the hope of improving

the completeness and accuracy of eyewitness accounts while avoiding some of

the legal pitfalls that surround the use of hypnosis.

1. The first step is to ask the witness to reconstruct the general

circumstances surrounding the incident.

2. Second the investigator asks the witness to report everything

remembered about the incident and all surrounding circumstances.

3. Step three is to have the witness recall the events in a different

order.

4. The fourth technique is to have the witness change perspectives.

Pre -interrogation Legal Requirements

a. The legal requirements pertaining to interrogations became of critical

concern during the 1960s, and, as a result, the Supreme Court handed down a

landmark decision that has dramatically affected the conditions under which

interrogations take place.

b. Miranda v. Arizona

The Supreme Court, in a five to four decision, spelled out the requirements and
procedures to be followed by officers when conducting an in-custody interrogation

of a suspect.

1. The right to remain silent.

2. The right to be told that anything said can and will be used in court.

3. The right to consult with an attorney prior to answering any

questions and the right to have an attorney present during interrogation.

4. The right to counsel. If the suspect cannot afford an attorney, the

court will appoint one.

c. Suspect's Response: Waiver and Alternatives

It is common practice for the officer to ask if he or she understands the

rights as they have been explained. If the answer is yes, then the officer may ask

if the subject wishes to talk with the officer. At this point the alternatives open to

the suspect are four:

1.1. The suspect may choose to remain silent

1.2. The suspect may request counsel.

1.3. The suspect may waive his or her rights and agree to talk with

police without the benefit of counsel.

1.4. The suspect may indicate a desire not to talk with the

investigators.

d. Why People Confess

It is human nature to talk. Most people cannot keep a secret. It has

been estimated that 80 percent of all people will confess to a crime. There are

two basic categories of people who will confess to a crime.

1. First, there are those guilty parties who psychologically need to “get it

off their chest”.

2. The second category comprises those who are not guilty but who act

under some urge to confess.

In-Custody Interrogation Defined

a. For investigators to understand the proper application of the Miranda

requirements, it is essential that they understand the meaning of in- custody

interrogation.

b. Custody (Defined) Analyses of case decisions show that there is not

yet a universally accepted definition of custody. Rather, case-by-case analysis is

used to determine the applicability of Miranda requirements.

c. Interrogation (Defined) For many years following the Miranda ruling,

there was considerable confusion over what constituted questioning or

interrogation. Again the Supreme Court has tried to clarify this issue through

various decisions.

Interrogation: Processes and Techniques

a. Effective interrogators, like interviewers, must be skilled in psychology,

persuasiveness, and acting. Good interrogators must also be good seducers;

they must be able to make others do what they want them to do.

Beginning the Interrogation

a. Just as in interviewing, it is important to establish rapport with the person

to be questioned. And just as in interviewing, neuro-linguistic programming

techniques can help.

b. Composing and Asking Question: General Principles There are certain

basic rules an interrogator should keep in mind when composing and asking

questions.

1. For example, questions should not be complex.

2. Questions should be short, direct and confined to one topic.

c. Recognizing and Coping with Deception

Deception is not always easy to detect, but, in general, there are both

verbal and nonverbal cues that can be examined to determine whether a suspect

is telling the truth or is being deceptive.

1. Verbal Signals. Verbal signals are generally easier for a deceptive

subject to control than nonverbal signals.

2. Nonverbal Signals: Body Language. There are generally far more

nonverbal signals and behavior than there are verbal.

d. Statement Analysis

The investigator should carefully review a verbatim transcript of the

suspect's statement to analyze the information

Interrogation Techniques and Approaches

a. Identical techniques do work for all interrogations, Approaches and

questions differ with the type of suspect being questioned.

1. The logical approach is based on common sense and sound reasoning.

2. The emotional approach appeals to the suspect's righteousness, fair

play, justice, family pride, religion, decency and restitution.

3. A sympathetic approach that gives the suspect a way out of a

predicament can often be successful and because the suspect is offered the

opportunity to save