Transcript Document

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
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Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Learning Objectives
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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
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Interviewing
– Traditionally has been thought of as the questioning
of those not suspected as law violators
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Interrogation
– Used in connection with the questioning of
suspected law violators
– This term has acquired a negative connotation
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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
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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:
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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
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Cooperativeness is the most important
factor in an interview situation
Why are some people hesitant?
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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
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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
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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
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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
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Careful research before any conversation is desirable
– To facilitate the purpose of the interview which is to:
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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
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(continued)
The investigator should read the initial report
written by the responding patrol officer
A file search of the victim should be conducted
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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
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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)
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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
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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
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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
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Direct contact with the suspect
may complicate the interview
process
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There may be emotional or
psychological problems
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Strategies
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Rape
Robbery
Anger
Fear
Anxiety
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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
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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
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Outward appearances are often deceiving
– Don’t jump to conclusions
– Try to provide emotional “first-aid”
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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
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Possibly the most difficult of all emotionally affected interviews are
those involving victim grief
Crimes that contribute to extreme psychological loss include:
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Homicide
Suicide
Rape
Many others
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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
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NIJ estimates personal crime accounts for $105
billion annually related to victim assistance
– Medical costs
– Lost earning
– Public program costs
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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
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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
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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
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Like the victim interview, witness interviews are
conducted using a three-step process
– Preparation
– Questioning
– Closing
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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
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The investigator should initially ask the
witness, “Tell me what happened.”
– Do not interrupt
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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
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Developed in the 1980s
Based on the principles of cognitive
psychology
– Memory retention
– Perception
– Communication
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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
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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
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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
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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
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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
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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
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Prior to questioning, the investigator should state
his/her name, agency, and position
Give Miranda warnings ̶ they are required when
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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:
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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
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Introduction and legal warning
Questioning the suspect
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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
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Use open-ended questions
– “And then what happened?”
– “What did you do then?”
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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
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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
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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
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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.
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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