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Interviewing Chapter 6 Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Overview Victim Interviews Witness Interviews Suspect Interviews Review Questions Opportunity for Student Questions Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Learning Objectives Understand the importance of verbal skills to the successful criminal investigation List the factors that contribute to the difficulty of the information-gathering process Understand phases and procedures associated with the victim interview Understand phases and procedures associated with the witness interview Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Police Questioning ̶ Two Categories Interviewing – Traditionally has been thought of as the questioning of those not suspected as law violators Interrogation – Used in connection with the questioning of suspected law violators – This term has acquired a negative connotation Because of the negative connotation of “interrogation,” it is recommended that all police questioning be referred to as “interviewing” Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Police Interview An interview may be defined as a communication involving two or more people, for the purpose of obtaining information The success of the interview involves five factors: – – – – – Cooperative attitude of the subject Perceptive ability of the subject Skill of the investigator Emotional state of the subject Legal knowledge of the investigator Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Subject Cooperativeness Cooperativeness is the most important factor in an interview situation Why are some people hesitant? – – – – Fear of being apprehended Not wanting to get involved Fear of retaliation (from the accused) Past negative criminal justice system experience – Don’t like the police – Don’t want others to think they are “informing” Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Victim Interviews Victim interviews are the most common interview conducted These can be simple or complicated The emotional state of the victim will determine the degree of difficulty The majority of victim interviews involve: – Theft or other property crimes – No contact with the suspect Victims who have been sexually assaulted and child victims of physical and/or sexual abuse should only be interviewed by specially trained investigators Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Three-Step Victim Interview Process 1. 2. 3. Thorough preparation Face-to-face questioning Conclusion or closing attitude Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Step One of the Victim Interview: Thorough Preparation Careful research before any conversation is desirable – To facilitate the purpose of the interview which is to: Gather truthful information Determine what happened Determine the probability of guilt and the identity of the suspect Prior to the interview, the officer should determine: – The nature of the crime – The identify and background of the victim – The emotional state of the victim Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Step One of the Victim Interview: Thorough Preparation (continued) The investigator should read the initial report written by the responding patrol officer A file search of the victim should be conducted – – – – Past complaints Criminal history Unfounded previous information Other pertinent records (medical, mental, employment, etc.) Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Step Two of the Victim Interview: Face-to-Face Questioning Create privacy – No spouses or parents should be present during the actual interview – No one should be able to overhear the interview (except other law enforcement officers in another room, perhaps through a two-way mirror) Consider recording the interview to prevent re-interviewing by others Conduct the interview in a neutral room – Not where the crime occurred – Away from any distractions Can involve many “retellings” The questioning techniques used by the investigator are determined by the emotional condition of the victim Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Step Three of the Victim Interview: The Conclusion or Closing The manner in which the interview is closed is highly important – Leave an opening for future conversation – In most cases, obtain a written statement – Follow through with any statements or promises that you made; future interviews will depend on this! – Don’t promise that the case will be solved, only that you will work hard on the case and keep him or her apprised of any developments Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Dealing with the Emotionally Affected Victim Problems Direct contact with the suspect may complicate the interview process There may be emotional or psychological problems – – Strategies – – – Rape Robbery Anger Fear Anxiety Criminal Investigation, 7th Edition By James N. Gilbert Refrain from forcing the victim to confront the reality of certain situations Demonstrate an understanding of the pain (and humiliation) Possibly postpone the interview to allow some time to dull the victim’s “denial” efforts Don’t take offense if victim “blames” the police for the incident Acknowledge the emotional stress of the victim PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Victim Reactions to Crime Two victims experiencing the same crime may react quite differently – One may react hysterically – One reacts completely calmly – One might react in a perceived inappropriate manner ̶ using humor for instance Outward appearances are often deceiving – Don’t jump to conclusions – Try to provide emotional “first-aid” Aids in the victim’s recovery Assists in the interview process ̶ better information! Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Victim Grief Possibly the most difficult of all emotionally affected interviews are those involving victim grief Crimes that contribute to extreme psychological loss include: – – – – Homicide Suicide Rape Many others – – – – – – – Shock Denial Anger Extreme depression Detachment Dialogue Acceptance These victims (or relatives of victims) experience stages such as: Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Other Costs to Victims NIJ estimates personal crime accounts for $105 billion annually related to victim assistance – Medical costs – Lost earning – Public program costs Violent crime alone costs billions in mental health care Victim compensation legislation has been passed in some states to assist victims in these costs Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Witness Interviews Witnesses provide essential information in the course of investigations Witness information is important throughout the judicial process However, it should be noted that: – Some information such as “eye witness” identifications can be unreliable – Some witness testimony has resulted in wrongful convictions Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Witness Reliability Our legal system, in a further effort to qualify the reliability of witness testimony, has assigned three general requirements: – The witness was conscious during the event – The witness was physically present during the event – The witness was psychologically and mentally attentive Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Witness Accuracy The varying degrees of accuracy with which people, objects, and events are perceived depend on the following: Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Witness Interviews Like the victim interview, witness interviews are conducted using a three-step process – Preparation – Questioning – Closing There are several important considerations when interviewing a witness – Separate all witness prior to questioning ̶ THIS IS CRITICAL! – Select an appropriate time for the interview – Select a familiar place for the interview Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Questioning Witnesses The investigator should initially ask the witness, “Tell me what happened.” – Do not interrupt The witness may have been waiting for a long period of time to tell his/her story Telling the story without interruption may help relieve apprehension in talking with a police officer The investigator may take notes without hindering the process – Most witnesses expect it – The notes then serve as a guide for the detailed statement Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Cognitive Interviewing Developed in the 1980s Based on the principles of cognitive psychology – Memory retention – Perception – Communication This method utilizes techniques that aid witnesses and victims in retrieving information recalled from memory Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Cognitive Interview Four-Step Process 1. Reconstruct the circumstance of the incident This phase attempts to assist recall by increasing the overlap of elements in stored memory and those retrieved with the help of cues 2. Encourage the subject to report all of the information freely during the interview The interviewee should do most of the talking 3. Recall the events in a different order Have the interview tell the story in reverse order 4. The subject is encouraged to change perspectives Have the interviewee tell the story from another’s point of view Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Reluctant Witnesses In some urban communities, witness intimidation is becoming a particularly serious and growing problem In 2005, Baltimore police estimated – 35 ̶ 50% of nonfatal shooting cases were stalled because of reluctant witnesses – 90% of all murder cases involved witness intimidation Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Preparing for the Suspect Interview Thorough preparation is required prior to the suspect interview – Read all reports – Review criminal history of the suspect – Get background on suspect from arresting officers or others with information – Visit the crime scene Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Suspect Interviews Most should take place at the police station They should take place within a short time following the arrest – The answers will be more spontaneous – The suspect has less time to fabricate deceptive answers Use a sparse interview room – Creates a tense environment – Results in a greater probability for a confession – Offers less distractions and forces the suspect to focus on the questioning Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Legal Requirements of the Suspect Interview Prior to questioning, the investigator should state his/her name, agency, and position Give Miranda warnings ̶ they are required when The suspect is in custody and… Prior to interrogation Statements and confessions must be voluntary ̶ police conduct will be illegal if it is judged to have: – – – – Overreached Intimidated Coerced or Defeated the free and independent exercise of the suspect’s will Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Questioning Process Introduction and legal warning Questioning the suspect – – – – – – – – Be friendly, yet professional The investigator should take the verbal initiative Establish rapport, “How have you been treated so far?” Shift from general conversation to the specific offense Attempt to classify the suspect’s behavioral category Tailor specific questions to a personality type Identify body language clues that might indicate deception Provide a dignified way to admit their criminal involvement Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 General Suspect Questioning Techniques Use open-ended questions – “And then what happened?” – “What did you do then?” Always remain in charge and direct the flow of the conversation Keep an even-tempered, confident, businesslike demeanor Use silence to your advantage If two officers are present, one should interview while the other takes notes Never use coercion or duress Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Interviewing the Juvenile Offender Miranda warnings are required, the same as for adults – If the child for any reason cannot comprehend the rights, the parents or legal guardian must act on the warnings Some agencies require: – Parents to be present – Juvenile custodial interviews to be recorded Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Recording the Interview 60% of all police agencies currently record interviews Recordings may be either sound or both sound and visual Some recordings are done covertly while others are overt–federal law does not require that police disclose that the interview is being recorded but state laws may differ Some jurisdictions require recording of custodial interviews Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 An Overview of the Interview/Interrogation Process Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Review Questions 1. 2. 3. 4. 5. 6. 7. 8. Name the two general categories of police questioning. What is the purpose of a police interview? What are some of the witness factors that determine success in an interview? Victim and witness interviews consist of a three-step process. Name and explain each step. Name three things an investigator should do in order to prepare for a suspect interview. If you found four witnesses to an armed robbery all standing together and discussing the incident, what is one of the most critical steps you should do to avoid witness contamination? When are Miranda warnings required? What are the other legal requirements when conducting a suspect interview? Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Student Questions Criminal Investigation, 7th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458