Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Interviewing & Investigation Forms of Questions

Questions To help Clients find solutions to their problems, it is necessary to gather information about at least three matters: To help Clients find solutions to their problems, it is necessary to gather information about at least three matters: 1. The nature of the problem 2. The facts which comprise the transactions giving rise to the problem 3. The consequences that may result from proposed solutions

Forms of Questions To gather information, a variety of questions are used, as well as active and passive listening techniques. To gather information, a variety of questions are used, as well as active and passive listening techniques. This topic explores: This topic explores: The four major forms of questions, and advantages and disadvantages of each The four major forms of questions, and advantages and disadvantages of each Questioning re: the Interviewee’s ability to accurately perceive, recall and report what has been observed and experienced Questioning re: the Interviewee’s ability to accurately perceive, recall and report what has been observed and experienced

Forms of Questions Questions are classified in terms of breadth of information sought. Questions are classified in terms of breadth of information sought. Form of question affects both willingness to provide information and breadth of information provided. In selecting form, the Interviewer must be sensitive to breadth of information sought and motivation to communicate. Form of question affects both willingness to provide information and breadth of information provided. In selecting form, the Interviewer must be sensitive to breadth of information sought and motivation to communicate.

Forms of Questions There are four major types of questions: There are four major types of questions: 1. Open-ended questions 2. Leading questions 3. Yes/No questions 4. Narrow questions

Open-ended Questions One end of spectrum in which Interviewee is allowed to select either: (a) the subject matter for discussion; or (b) the information that he/she believes to be pertinent and relevant. One end of spectrum in which Interviewee is allowed to select either: (a) the subject matter for discussion; or (b) the information that he/she believes to be pertinent and relevant. Variations are: Variations are: Interviewee is allowed to select subject matter (e.g., “Is there anything else you believe is pertinent to the case?”) Interviewee is allowed to select subject matter (e.g., “Is there anything else you believe is pertinent to the case?”) Interviewer selects basic subject, but Interviewee determines information (e.g., “What happened after the store detective searched your bag?”) Interviewer selects basic subject, but Interviewee determines information (e.g., “What happened after the store detective searched your bag?”)

Open-ended Questions In latter question, the Interviewee is free to discuss a range of: In latter question, the Interviewee is free to discuss a range of: Subjects, Subjects, Activities, and Activities, and Places or objects Places or objects – the only restriction is time.

Open-ended Questions Advantages: Advantages: Gathering Relevant Data: Allow the Interviewee to report events without interruption, thereby providing information that might otherwise be lost. Gathering Relevant Data: Allow the Interviewee to report events without interruption, thereby providing information that might otherwise be lost. Motivation: Motivation: Allow the Interviewee freedom to select, thereby communicating that Interviewer is interested in the interviewee and their responses. Allow the Interviewee freedom to select, thereby communicating that Interviewer is interested in the interviewee and their responses. Also, most likely to overcome “greater need” inhibitor by allowing Interviewee to talk about topics most important to him/her. Also, most likely to overcome “greater need” inhibitor by allowing Interviewee to talk about topics most important to him/her. Overcomes other inhibitors by allowing Interviewee to avoid topics that he/she feels are threatening, and by allowing time for rapport to develop. Overcomes other inhibitors by allowing Interviewee to avoid topics that he/she feels are threatening, and by allowing time for rapport to develop.

Open-ended Questions Disadvantages: Disadvantages: Gathering Relevant Data: Gathering Relevant Data: Detrimental effect if Interviewee is verbose or has poor sense of relevancy. Detrimental effect if Interviewee is verbose or has poor sense of relevancy. Tend to provide an overview, but insufficient detail – little memory stimulation, and responses are based on layman’s, not actual view of legal relevancy. Tend to provide an overview, but insufficient detail – little memory stimulation, and responses are based on layman’s, not actual view of legal relevancy. Motivation: Can increase inhibitions if Interviewee has a general reluctance to communicate. Motivation: Can increase inhibitions if Interviewee has a general reluctance to communicate.

Leading Questions Opposite end of spectrum – the questions provides the data that the Interviewer believes to be pertinent and relevant. This form: Opposite end of spectrum – the questions provides the data that the Interviewer believes to be pertinent and relevant. This form: Makes a statement, and Makes a statement, and Suggests that the Interviewee should affirm its validity. Suggests that the Interviewee should affirm its validity. Example: “This is not your first arrest for shoplifting, is it?” Example: “This is not your first arrest for shoplifting, is it?” Between the ends of spectrum, there are an infinite variety of forms of questions, but two other major types can be distinguished. Between the ends of spectrum, there are an infinite variety of forms of questions, but two other major types can be distinguished.

Leading Questions Advantages: Advantages: Gathering Relevant Data: Gathering Relevant Data: Stimulates Interviewee’s memory by focusing on specific details. Stimulates Interviewee’s memory by focusing on specific details. Also allows Interviewer to focus on legally relevant details. Also allows Interviewer to focus on legally relevant details. Motivation: Can overcome Interviewee’s avoidance of sensitive topics by focusing on other aspects until rapport is built. Motivation: Can overcome Interviewee’s avoidance of sensitive topics by focusing on other aspects until rapport is built.

Leading Questions Disadvantages: Disadvantages: Gathering Relevant Data: Prevent the full story from emerging – the filling phenomenon. Gathering Relevant Data: Prevent the full story from emerging – the filling phenomenon. Motivation: Inhibit development of rapport by denying Interviewee opportunity to relate in their own terms (i.e., not heard or understood), and may represent detailed probing before the Interviewee is sufficiently comfortable. Motivation: Inhibit development of rapport by denying Interviewee opportunity to relate in their own terms (i.e., not heard or understood), and may represent detailed probing before the Interviewee is sufficiently comfortable.

Narrow Questions The Interviewer selects both: (a) the general subject matter; and (b) the aspect of the subject matter that should be discussed. The Interviewer selects both: (a) the general subject matter; and (b) the aspect of the subject matter that should be discussed. Example: “Where were you in the store when the store detective approached you?” Example: “Where were you in the store when the store detective approached you?” In selecting the aspect (“where were you in the store when”) the Interviewer has selected what information is relevant – Interviewee must adopt Interviewer’s priorities in the response. In selecting the aspect (“where were you in the store when”) the Interviewer has selected what information is relevant – Interviewee must adopt Interviewer’s priorities in the response.

Narrow Questions Advantages: Advantages: Elicits more correct data than any other form when question can demonstrate Interviewer’s expectation of Interviewee’s aberrant behavior without judgment. Elicits more correct data than any other form when question can demonstrate Interviewer’s expectation of Interviewee’s aberrant behavior without judgment. Disadvantages: Disadvantages: Increase the likelihood of distortion, particularly where Interviewee is unsure of the answer, as in a “case threat” – Interviewee is tempted to go along with suggestion. Increase the likelihood of distortion, particularly where Interviewee is unsure of the answer, as in a “case threat” – Interviewee is tempted to go along with suggestion.

Yes/No Questions Constructed in such a way that interviewee can answer either “yes” or “no”. Constructed in such a way that interviewee can answer either “yes” or “no”. Example: “Were you ever arrested for shoplifting before this incident?” Example: “Were you ever arrested for shoplifting before this incident?” Similar to leading questions in that they restrict the range of response, but do not suggest the specific answer. Similar to leading questions in that they restrict the range of response, but do not suggest the specific answer. Advantages and disadvantages are the same as for leading questions. Advantages and disadvantages are the same as for leading questions.

Limiting Factors Certain factors play a significant role in limiting the ability of individuals to precisely perceive, recall, and report events: Certain factors play a significant role in limiting the ability of individuals to precisely perceive, recall, and report events: Factors within the individual at the time of the event. Factors within the individual at the time of the event. Factors within the environment at the time of the event. Factors within the environment at the time of the event. Factors related to the manner that perceptions are elicited (i.e., the form and sequence of questioning. Factors related to the manner that perceptions are elicited (i.e., the form and sequence of questioning.

Factors Within the Individual Amount of attention to significant event (i.e., significance of event to the individual) Amount of attention to significant event (i.e., significance of event to the individual) Amount of stress (stressed individual more preoccupied with self than external details Amount of stress (stressed individual more preoccupied with self than external details Variations in sensory acuity (individual ability to see, hear, etc.) Variations in sensory acuity (individual ability to see, hear, etc.) Biophysical factors (age, mental or physical illness, intoxication, fatigue, etc.) Biophysical factors (age, mental or physical illness, intoxication, fatigue, etc.) The individual’s mindset or expectancy (preconceptions and filling effect) The individual’s mindset or expectancy (preconceptions and filling effect)

Factors Within the Environment Degree of illumination (e.g., dark v. light) Degree of illumination (e.g., dark v. light) Speed of events Speed of events General noise level General noise level Proximity to events Proximity to events Simultaneous occurrences Simultaneous occurrences

Factors Related to the Form and Sequence of Questions Too many narrow questions Too many narrow questions (i.e., give Interviewee no opportunity to describe observations in open-ended fashion – limited facts result) (i.e., give Interviewee no opportunity to describe observations in open-ended fashion – limited facts result) Improper use of leading questions Improper use of leading questions (i.e., distortion can occur when Interviewee goes along with interviewer’s suggestions) (i.e., distortion can occur when Interviewee goes along with interviewer’s suggestions)

Factors Related to the Form and Sequence of Questions Pressuring Interviewee for too much detail Pressuring Interviewee for too much detail (i.e., Interviewee “fills in” details which are then supported by self-justifying logic) (i.e., Interviewee “fills in” details which are then supported by self-justifying logic) Obtaining conclusions that distort Obtaining conclusions that distort (i.e., asking for a conclusion before obtaining the facts upon which the conclusion is based) (i.e., asking for a conclusion before obtaining the facts upon which the conclusion is based)

Techniques for Varying Forms of Questions Expand or contract the breadth of the question by changing the question form. Expand or contract the breadth of the question by changing the question form. Sample Question: Sample Question: How old was the car that the other person was driving? How old was the car that the other person was driving? Exercise: Exercise: Retain the same basic topic, but either expand or narrow the breadth of the question by selecting a different question form. Retain the same basic topic, but either expand or narrow the breadth of the question by selecting a different question form.

Techniques for Varying Forms of Questions Modify the component parts of a question: Actor, Action and Scene. Modify the component parts of a question: Actor, Action and Scene. Sample Question: Sample Question: What did you do just after the police arrived? What did you do just after the police arrived? (Actor is “you”, action is “do”, and scene is “just after the police arrived”.) (Actor is “you”, action is “do”, and scene is “just after the police arrived”.) Exercise: Exercise: To expand the question, one change that might be made is to drop a restriction on one or more of the component parts. If the question is reframed in this way, how might it be stated, and what would be the effect on the scope of the question? To expand the question, one change that might be made is to drop a restriction on one or more of the component parts. If the question is reframed in this way, how might it be stated, and what would be the effect on the scope of the question?

End of Forms of Questions End of Forms of Questions