Transcript SMART TALK Techniques for Interrogation

Techniques for Interrogation
Chapter 12
1
Interrogator Relationship
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
The interrogator should
determine if the
approach to the
interrogation is best
made by establishing a
status role or
connecting through a
rapport relationship.
The overriding
consideration is that
once the interrogator
has taken on a hostile
role with the suspect it
is impossible to go back
and later develop
rapport.
12-2
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Purpose of the
Interrogation
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
The primary
purpose is to
obtain the truth
A secondary
purpose is to
document the lies
when the truth is
not forthcoming
12-3
Obtain a Confession or
Admission
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Both are known as
inculpatory
statements
 i.e. statements
that put the blame
on someone
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They are treated the
same under
constitutional
analysis
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Slam-Dunk Approach to Interrogation
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
When the
interrogator
forcefully claims
that the suspect
is guilty and does
not allow him to
deny
12-4
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Initial hardness may
cause some
offenders to be
fearful of making
statements and
others will not talk at
all
 Do NOT use if the
suspect is
cooperative,
mentally ill, or
excessively
emotional
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Non-Custodial Interrogation Situations
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Occurs when the suspect is not in
police custody or under arrest
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The suspect must be fully aware
that he or she is free to leave at
any time
 The
awareness may be based on
the location of the interrogation
 The attitude of the interrogator
 Follow through by not arresting the
suspect
Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
12-5
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Non-Custodial
Interrogation Requirements
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Miranda warnings are not required
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Must be given if the situation
changes
Not an available option if the
suspect has been arraigned in
court on the crimes under
investigation or the individual asks
to speak with an attorney
12-6
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Custodial Interrogation
Situations
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Occurs when
the suspect
is under
arrest or is
not free to
leave
because
arrest is
impending
12-7
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The offender must be
given his rights per
Miranda
 The suspect must
understand these
rights and make a
intelligent,
knowing and
voluntary waiver
of these rights for
an interrogation to
take place
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Interrogation Phase I Preparation
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Phase I is about
the interrogator
establishing
control over the
interrogation
 The first three
steps are the
same as for
interviewing
preparation
12-8
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Step One: Know the
Case
Step Two: Determine
Prior Record
Step Three: View the
Scene
Step Four: Establish
the Timing
Step Five:
Determine who will
Interrogate
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Interrogation Phase II – Develop
Outcome-Based Tactics
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
These are
persuasive
arguments that
are designed
to overcome
the resistance
of a guilty
suspect to
confess
12-9
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #1 An Appeal to the
suspect’s self-interest
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
This is the most
frequent tactic
used in
interrogation
Encourage the
suspect to “get it
off his chest” or to
“take this
opportunity for his
side to be heard”
12-10
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Possible fear to
overcome:
retaliation
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Empathize with
the dilemma
that the suspect
faces
Their best
option is to
cooperate with
the police
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #2 Confronting the suspect
with existing evidence of guilt
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This may involve
telling the suspect
about physical
evidence that
demonstrates
they committed
the crime
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
12-11
Possible fear to
overcome:
paranoia
Point to a failed
polygraph test as
providing
evidence of guilt.
Use the
relationship that
the suspect had
to the victim
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #3 Undermining the
suspect’s confidence in his or her denials
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
If the suspect does
not think that the
interrogator has
sufficient evidence to
arrest, they may be
reluctant to provide
that information
during an
interrogation
12-12
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Possible fear to
overcome: fear of
arrest
A decision may be
made to delay the
arrest
State that ‘the facts
of the case speak for
themselves, you only
have the option of
cooperating at this
point
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #4 Identify contradictions in
the suspect’s alibi or story
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
Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
The term
“because” may be
used as a
persuasive word
Tell the suspect
that he or she
committed the
crime BECAUSE
.. Give examples!
12-13
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Possible fear to
overcome: fear
of financial
repercussions
Attempt to
engage the
suspect with why
they committed
the crime
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #5 Asking specific
behavioral analysis interview questions
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Look for
behavioral
indicators of
nervousness,
sweating, or
frequent licking of
lips or wiping of
eyebrows
12-14
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The guilt ridden
offender may be
unwilling to look
the interrogator in
the eyes
The apathetic
offender will show
defiance by
looking the
interrogator in the
eye with denial
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #6 Appealing to the
importance of cooperation
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Face the
repercussions of
the criminal act
with the offender
and suggest they
start over through
cooperation
Alternatively,
minimize the
repercussions
and be
compassionate
12-15
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Possible fear to
overcome: loss of
job
Loss of status or
employment loss
is a considerable
fear to overcome,
determine which
approach will
maximize
cooperation
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #7 Offering moral
justifications and face-saving excuses
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Minimize the
crime and never
refer to it by the
legal term
Encourage the
suspect to
express guilt,
remorese, or
anger towards the
victim
12-16
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Possible fear to
overcome:
shame
Use empathy to
overcome the
fear of shame
Ask why the
offender did the
act to allow for
face-saving
excuses
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #8 Confront the suspect with
false evidence of guilt
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
This approach makes
sense when there is
more than one
person involved in
the crime
Information provided
by one partner can
be embellished on
and presented as fact
to the other
12-17
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Possible fear to
overcome: blame
The suspect who
played a minor part
will be fearful of
taking all of the
blame
Suggest that the
evidence points to
him, this is the
chance to share the
blame with others
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #9 Praising or flattering the
suspect
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Look for evidence
that the suspect is
insecure
Did the suspect
appear to take
pleasure in the act?
Praise and flattery
may be a very
successful tool to
obtain a confession
12-18
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Possible fear to
overcome:
insignificance
Praise and
supportive
statements convey a
positive judgment to
the suspect
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Tactic #10 Appealing to the
detective’s expertise and authority
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
Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
This requires an
over-confident
approach by the
interrogator
It puts emphasis
on the status of
the interrogator
and downplays
the ability of the
suspect get away
with the crime
12-19
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This tactic allows
the interrogator to
take charge of an
interrogation by
suggesting that
he or she is much
smarter than the
suspect
It is used to break
down the
confidence of the
suspect
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Phase III – Getting the
Confession the basics
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Leave all weapons outside of the
interrogation room
Don’t verbally back the suspect into a
corner
Don’t invite a denial, ask for an
explanation
Don’t interrogate a handcuffed suspect
Avoid initial antagonizing
Don’t make a cross-examination
confrontation
Don’t be solicitous or friendly
12-20
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Getting the Confession
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Step I: Make the
Claim
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
Be honest
Use their first
name without
title
Do not shout
Do not show
anger
Be in close
proximity to the
suspect
12-21
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Getting the Confession
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Step II: Lock it in
No further discussion on innocence
 Present an excuse for their actions
 Give them good intentions
 Minimize their culpability in the
crime
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Smart Talk:
Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin
12-22
PRENTICE HALL
©2006 Pearson Education, Inc.
Upper Saddle River, NJ 07458