By James W. Osterburg and Richard H. Ward Copyright © 2007 Matthew Bender & Company, Inc., a member of the LexisNexis Group Newark, NJ 877-374-2919.

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Presentation transcript:

By James W. Osterburg and Richard H. Ward Copyright © 2007 Matthew Bender & Company, Inc., a member of the LexisNexis Group Newark, NJ

Interviews: Obtaining Information from Witnesses Osterburg & Ward, 2007

 Sensory input  Memory  Information retrieval Recall  Bring a previous event back from memory Recognition  Remember an event after cue is provided Role of Perception and Memory Osterburg & Ward, 2007

 Memory-event similarity  Focused retrieval  Extensive retrieval  Witness-compatible questioning The Cognitive Interview Osterburg & Ward, 2007

Interrogation: Purpose and Principles Osterburg & Ward, 2007

 Accusation  Belief that evidence is available  Forces (friendly and hostile)  Guilt feelings  Confession Horowitz: Basic Concepts Osterburg & Ward, 2007

 Conditioned reflex  Intensity of signal  Anxiety waiting  Alternate signals  Physical condition Pavlov: Basic Concepts Osterburg & Ward, 2007

Interrogation of Suspects and Hostile Witnesses: Guidelines and Procedures Osterburg & Ward, 2007

 Right to remain silent  Anything said can be used against suspect  Right to counsel  Counsel for indigent defendants  Wish to remain silent  Waiving of rights  Admission of statements Miranda Guidelines Osterburg & Ward, 2007

 Visit crime scene or review crime scene photos  Review file and be familiar with details  Be aware of physical evidence  Learn as much about subject as possible  Ascertain which elements can be proved by evidence Preparing for Interrogation Osterburg & Ward, 2007

Pay attention to:  Dress and appearance  Diction  Mannerisms  Attitude  Take command of the situation Creating the Tone for Interrogation Osterburg & Ward, 2007

 Recording confessions  Videotaping some types of cases  Reducing confession to writing  Witnessing the confession  Time and Personal Needs Register Documenting the Interrogation Osterburg & Ward, 2007

Be Nice!

 Composite Picture- An image of a suspect produced by an artist or kit using witness descriptions (Accessed 7/16/09) (Accessed 7/16/09)

 Eyewitness Evidence- First- hand testimony or information related to what a person observed  Artificial Stimulus- Stimulus that by repeated association cad be substituted for natural stimulus, Pavlov’s conditioned reflex  Third Degree- The extraction of confessions by brute force (Wickersham Commission)  Exculpatory- Evidence which may justify,excuse or explain a suspect’s actions, and which may show the suspect is not guilty or had no criminal intent

What are the different types of homicides?

What is the difference between a homicide and a suicide? Self-Deliverance/dp/ http:// Self-Deliverance/dp/ (Accessed 10/7/09)

(Osterburg & Ward, 2007, p. 386) How can a body provide evidence to the investigator?

(Osterburg & Ward, 2007, p. 138) (Osterburg & Ward, 2007, p. 211) (Osterburg & Ward, 2007, p. 355)

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