Interview and Interrogation

Training and Standards Bureau Course Objectives Difference between Interview and Interrogation How to conduct an interview Eyewitness ID procedures How to conduct an interrogation Electronic recording requirements Factors that lead to false confessions December 2011 Training and Standards Bureau

Training and Standards Bureau Introduction How are interviews and interrogations different? Similar? December 2011 Training and Standards Bureau

Training and Standards Bureau Interviews Victims and Witnesses Goal is to find out as much info as possible Put the victim or witness at ease Friendly, loosely structured, and non-confrontational Focus is to get person to tell you what happened December 2011 Training and Standards Bureau

Training and Standards Bureau Interrogations Suspects Goal is to establish the suspect’s guilt Controlled and Directed May involve the suspect at a psychological disadvantage You must advise suspect of legal rights Both are a search for the truth! December 2011 Training and Standards Bureau

Good Interviewers Are: Inquisitive Observant Energetic Good Communicators Problem Solvers Patient December 2011 Training and Standards Bureau

Training and Standards Bureau Interviews Process begins when you arrive at the scene. ID victims and witnesses and separate them. Interview them. Goal is to get information about crime. Corroborate information with evidence. How you interview is important. December 2011 Training and Standards Bureau

Sequence of Interviews December 2011 Training and Standards Bureau

Preparation and Planning Planning – the mental process of getting ready to interview someone. Preparation – considering what needs to be made ready prior to conducting the interview (location, environment, administration of interview). December 2011 Training and Standards Bureau

Preparation and Planning Know your agency policy and guidelines. Locate all info, details, and actions to date. May need to provide support for victim. Interview format. Control environment December 2011 Training and Standards Bureau

Engage and Explain - Goals Introduce yourself. Encourage victim/witness to take an active role. Set the tone for the interview. Explain what is going to happen and what you need from victim/witness. December 2011 Training and Standards Bureau

Minimize Anxiety and Establish Rapport Introduce yourself; shake hands if appropriate Speak calmly and slowly Keep language simple Ask how person wants to be referred to (name, title and name, etc.) Use person’s name during interview Address any concerns or needs Reassure person December 2011 Training and Standards Bureau

Convey that Info is Important Tell the victim what he/she has to say is important. Valued people will talk more. Encourage person to tell you everything they know, even if it seems trivial. Tell person to ask you if he or she doesn’t understand something. Take your time and be patient. December 2011 Training and Standards Bureau

Addressing the Victim/Witness Elderly / People with professional titles Use person’s name not “victim” or “witness” Watch person’s non-verbals Document quotes Electronically record statements? December 2011 Training and Standards Bureau

Training and Standards Bureau Explain the Process Explain the interview process. Express your expectations. Remind person you will be taking notes. Afterwards, you may ask follow-up questions or ask person to repeat all, or part, for clarification. Summarize what was said to check interpretation. December 2011 Training and Standards Bureau

Account Clarification and Challenge Goals: Obtain person’s uninterrupted account. Expand and clarify his/her account. Let person describe what happened ( with no interruptions). Just listen the first time through. Go through account as many times as necessary. December 2011 Training and Standards Bureau

Account Clarification and Challenge Do not interrupt Allow pauses Use active listening skills December 2011 Training and Standards Bureau

Training and Standards Bureau Questions Use open-ended questions. Avoid leading questions. Attempt to put a time-frame around event. Do not ask if willing to testify in court. Do not expect person to have same observation skills as officers. December 2011 Training and Standards Bureau

Training and Standards Bureau Questions Who? What? Where? When? Why? How? How Much? December 2011 Training and Standards Bureau

Training and Standards Bureau Closure Goals Do not rush the closing. Agree on what was said. Is that all? What will happen now? Keep lines of communication open. December 2011 Training and Standards Bureau

Training and Standards Bureau Closure Review your notes. Double-check understanding. “Is there anything else I should know?” Close the interview. Encourage victim to contact you. Instruct victim to avoid discussing details. Thank victim/witness for cooperating. December 2011 Training and Standards Bureau

Training and Standards Bureau Evaluation Objectives achieved? Review the investigation in light of the information from interview. Reflect on interview and consider how to improve in the future. December 2011 Training and Standards Bureau

Documenting Interviews Take good notes. Consider recording interviews. Local DA’s office can advise you. Follow agency policy and procedure. December 2011 Training and Standards Bureau

Types of Victims and Witnesses Friendly Neutral Interested Hostile Child Vulnerable Traumatized December 2011 Training and Standards Bureau

Credibility Assessment Physical mannerisms Credibility of his or her story Appropriateness of conduct December 2011 Training and Standards Bureau

Training and Standards Bureau Maintaining Contact May need to contact victim/witness again May need to spend time building rapport again Review info you have and ask for new info Do not provide info from other sources December 2011 Training and Standards Bureau

Eyewitness Identification Often provides the best lead However, primary cause of wrongful conviction The accuracy of eyewitness evidence is based on the procedures used to collect it December 2011 Training and Standards Bureau

General Principles of Memory We do not capture exact images in our memory The brain rebuilds the memory of a witnessed event Eyewitnesses can be led to remember things they did not actually see December 2011 Training and Standards Bureau

Training and Standards Bureau Initial Interviews Focus on keeping actual memory separate from other sources of information Avoid questions that suggest something specific Avoid giving positive feedback to witness Keep witnesses from discussing incident with each other December 2011 Training and Standards Bureau

Factors that Affect Perception Light, distance and length of viewing “Weapon focus” phenomenon Race Stress December 2011 Training and Standards Bureau

Photo Arrays and Live Lineups Select non-suspect fillers Use a “double-blind” procedure Show witnesses photo arrays or lineups one at a time (sequentially) rather than all at once (simultaneously) December 2011 Training and Standards Bureau

Photo Arrays and Live Lineups Tell witness real suspect may or may not be in photo array or lineup Assess eyewitness confidence Avoid multiple identification procedures December 2011 Training and Standards Bureau

Training and Standards Bureau Show-Ups Determine if the procedure is necessary Can it be done close to the crime in both time and space? Photo arrays and lineups are more reliable If probable cause to arrest suspect – no show-up State v. Dubose December 2011 Training and Standards Bureau

Training and Standards Bureau Show-Ups Obtain the best verbal description of the suspect Minimize the suggestiveness of the procedure Instruct the eyewitness may or may not be the actual perpetrator December 2011 Training and Standards Bureau

Training and Standards Bureau Facial Composites When there’s no suspect Use them cautiously Can taint the eyewitness’s memory Use a double-blind procedure December 2011 Training and Standards Bureau

Suspect Interrogations More formal and controlled Interrogator controls and directs interrogation Is structured Interrogator may need to be a good actor Goal is to establish the truth Custodial questioning requires Miranda December 2011 Training and Standards Bureau

Interrogator Controls Interrogation You have the psychological advantage in an interrogation Controlled environment Emotional or Non-Emotional Suspect? December 2011 Training and Standards Bureau

Training and Standards Bureau Structure and Acting Compile a list of questions prior to the interrogation Structure your questions to elicit information Be flexible, sincere, patient, persistent, and confident Not all good interviewers make good interrogators December 2011 Training and Standards Bureau

Training and Standards Bureau Interrogation Goals To establish the truth Guilty or innocent? Interrogation preparation takes time Must show guilt beyond a reasonable doubt December 2011 Training and Standards Bureau

Sequence of Interrogations December 2011 Training and Standards Bureau

Preparation and Planning Gather as much information as possible The more info you have, the more control you have The time invested will improve your confidence, ability and save time December 2011 Training and Standards Bureau

The Interrogation Environment The interrogation room Number of interrogators Non-verbal behavior Verbal behavior December 2011 Training and Standards Bureau

Training and Standards Bureau Engage and Explain Introduce yourself Encourage suspect to provide you with info Set the tone Explain what is going to happen and expectations you have of suspect Try to build rapport December 2011 Training and Standards Bureau

Account Clarification and Challenge First question is vital Obtain suspects own uninterrupted account Expand and clarify suspect’s account Challenge suspect’s account when necessary December 2011 Training and Standards Bureau

Training and Standards Bureau Closure Review your notes and other materials Ask the suspect if there is anything he or she wants to add Close the interrogation December 2011 Training and Standards Bureau

Training and Standards Bureau Evaluation Objectives met? Review the investigation in light of information obtained Reflect on how well you conducted the interrogation December 2011 Training and Standards Bureau

Recording Custodial Questioning Custodial questioning requires Miranda Electronically recording custodial questioning Miranda = Recording December 2011 Training and Standards Bureau

Training and Standards Bureau Recommendations Begin recording at the start of the contact until questioning ends Audiovisual recording preferred Agencies should have written policy Document questioning and get written statement December 2011 Training and Standards Bureau

Training and Standards Bureau Exceptions Recording devices may not work / none available Officer fails to operate device properly Device may malfunction Person makes spontaneous statements Suspect may refuse to speak December 2011 Training and Standards Bureau

Training and Standards Bureau While Recording Speak clearly and distinctly Ensure answers are audible and clear Describe non-verbal actions by suspect Statements only admissible if made voluntarily Not required to tell suspect anything about the questioning Remember, suspect is innocent until guilt is proven in court December 2011 Training and Standards Bureau

Training and Standards Bureau Types of Suspects Two general categories: Emotional Offender Non-Emotional Offender December 2011 Training and Standards Bureau

Non-Emotional Offender More hardened criminals with experience in criminal justice system Do not like to talk and will try to control their verbal and non-verbal communication Methods: Question and answer, narrative, alibi, factual, good/bad cop, retelling December 2011 Training and Standards Bureau

Resistance from Suspects Anticipate resistance – have a plan Goal is to gain info or confession – not a power struggle Use your knowledge of the case to your advantage Anticipate suspects responses and have a plan Read the suspect and find triggers that cause him or her to talk December 2011 Training and Standards Bureau

Training and Standards Bureau False Confessions Dispositional Factors Personality characteristics Youth Intellectual impairment Psychopathology Situational Factors Physical custody Isolation Confrontation Minimization December 2011 Training and Standards Bureau

Training and Standards Bureau Summary December 2011 Training and Standards Bureau

Training and Standards Bureau QUESTIONS? December 2011 Training and Standards Bureau