Interviewing Witnesses Chapter 13 Interviewing Witnesses

Learning Objectives List the five types of interview questions. Understand how to ask introductory questions. Explain how to construct informational questions. Understand the differences between open, closed, and leading questions. Explain how to close an interview.

Learning Objectives Define and explain the purpose of assessment questions. List some nonverbal clues to deception. List some verbal clues to deception. Discuss the methodology of admission-seeking questions. List the elements of a signed statement.

Interviewing Questions Introductory Informational Assessment Closing Admission-seeking

Introductory Questions Provides an introduction Establishes rapport Establishes the theme of the interviews Observes the person’s reactions

General Rules for Introductory Questions Don’t interview more than one person at a time Conduct interviews under conditions of privacy Ask nonsensitive questions Instead of: Use: Investigation Inquiry Audit Review Interview Ask a few questions Embezzle Shortage or paperwork problems

General Rules for Introductory Questions Get a commitment for assistance Make a transitional statement Seek continuous agreement Do not promise confidentiality Negotiations Discussing the source of allegations

Informational Questions Open questions Closed questions Leading questions Question sequences

Informational Question Techniques Begin by asking questions that are not likely to cause the respondent to become defensive or hostile. Ask the questions in a manner that will develop the facts in the order of their occurrence, or in some other systematic order. Ask only one question at a time, and frame the question so that only one answer is required. Ask straightforward and frank questions; generally avoid shrewd approaches. Keep interruptions to a minimum, and do not stop the subject’s narrative without good reason.

Informational Question Techniques Give the respondent ample time to answer; do not rush. Try to help the respondent remember, but do not suggest answers; and be careful not to imply any particular answer by facial expressions, gestures, methods of asking questions, or types of questions asked. Repeat or rephrase questions, if necessary, to get the desired facts. Be sure you understand the answers, and if they are not perfectly clear, have the subject interpret them at that time instead of saving this for later. Give the subject an opportunity to qualify her answers.

Informational Question Techniques Separate facts from inferences. Have the subject give comparisons by percentages, fractions, estimates of time and distance, and other such methods to ensure accuracy. After the respondent has given a narrative account, ask follow-up questions about every key issue that has been discussed. Upon conclusion of the direct questioning, ask the respondent to summarize the information given; then summarize the facts, and have the respondent verify that these conclusions are correct.

Methodology Informational Phase Begin with background questions Observe verbal and nonverbal behavior Ask nonleading (open) questions Approach sensitive questions carefully

Dealing With Difficult People Do not react Disarm the person Change tactics

Volatile Interviews An interview that has the potential to bring about strong emotional reactions in the respondent There should be two interviewers Should be conducted on a surprise basis The order of questions should be out of sequence Use hypothetical questions

Closing Questions Reconfirming facts Gathering additional facts Concluding the interview

Assessment Questions Establishes the credibility of the respondent Norming or calibrating Process of observing behavior before critical questions are asked Physiology of deception People lie for one of two reasons: to receive rewards or avoid punishment The human body will attempt to relieve stress through verbal and nonverbal clues

Verbal Clues to Deception Changes in speech patterns Repetition of the question Comments regarding the interview Selective memory Making excuses Oaths Character testimony Answering with a question

Verbal Clues to Deception Overuse of respect Increasingly weaker denials Failure to deny Avoidance of emotive words Refusal to implicate other suspects Tolerant attitudes Reluctance to terminate interview Feigned unconcern

Nonverbal Clues Full-body motions Anatomical physical responses Illustrators Hands over the mouth Manipulators Fleeing positions Crossing the arms Reaction to evidence Fake smiles

Methodology Interviewer: “Most of them aren’t criminals at all. A lot of times, they’re just trying to save their jobs or just trying to get by because the company is so cheap that they won’t pay people what they are worth. Do you know what I mean?” Interviewer: “Why do you think someone around here might be justified in making a secret arrangement with one of the company’s vendors?” Interviewer: “How do you think we should deal with someone who got in a bind and did something wrong in the eyes of the company?” Interviewer: “Do you think someone in your department might have done something wrong because they thought they were justified?”

Methodology Interviewer: “Have you ever felt yourself—even though you didn’t go through with it—justified in taking advantage of your position?” Interviewer: “Who in your department do you feel would think they were justified in doing something against the company?” Interviewer: “Do you believe that most people will tell their manager if they believed a colleague was doing something wrong, like committing fraud against the company?” Interviewer: “Is there any reason why someone who works with you would say they thought you might feel justified in doing something wrong?” Interviewer: “What would concern you most if you did something wrong and it was found out?”

Admission-Seeking Questions Distinguish the innocent from the culpable Obtain a valid confession Obtain from the confessor a written statement acknowledging the facts

Admission-Seeking Questions Presence of outsiders Miranda warnings Theme development People will confess if they perceive that the benefits outweigh the penalties Offer a morally acceptable reason for the confessor’s behavior Convey absolute confidence in the premise of the admission you seek from the subject

Accusing an Innocent Person The accuser has reasonable suspicion or predication to believe the accused has committed an offense. The accusation is made under conditions of privacy. The accuser does not take any action likely to make an innocent person confess. The accusation is conducted under reasonable conditions.

Steps In The Admission-Seeking Interview Direct accusation Observe reaction Repeat accusation Interrupt denials Delays Interruptions Reasoning

Steps In The Admission-Seeking Interview Establish rationalization Unfair treatment Inadequate recognition Financial problems Aberration of conduct Family problems Accuser’s actions Establish rationalization Stress, drugs, alcohol Revenge Depersonalizing the victim Minor moral infraction Altruism Genuine need

Steps In The Admission-Seeking Interview Diffuse alibis Display physical evidence Discuss witnesses Discuss deceptions Present alternative Benchmark admission Reinforce rationalization

Steps In The Admission-Seeking Interview Verbal confession That the accused knew the conduct was wrong Facts known only to the perpetrator An estimate of the number of instances or amounts A motive for the offense When the misconduct began

Steps In The Admission-Seeking Interview Verbal confession When/if the misconduct was terminated Others involved Physical evidence Disposition of proceeds Location of assets Specifics of each offense

Taking a Signed Statement Voluntary confessions Intent Instead of: Use: Lie I knew the statement/action was untrue Steal I wrongfully took the property of __ for my own benefit Embezzle I wrongfully took ______’s property which had been entrusted to me, and used it for my own benefit Fraud I knowingly told ___ an untrue statement and he/she/they relied on it

Taking a Signed Statement Approximate dates of the offense Approximate amounts of losses Approximate number of instances Willingness to cooperate Excuse clause Have the confessor read the statement Truthfulness of statement Preparing the statement