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Interview & Interrogations
Developed by: Officer Vivian Lopez, SRO Ironwood Ridge High School Oro Valley Police Department
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Fact: The majority of cases are solved by obtaining confessions, not with forensic evidence (despite popular belief).
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Types of Interviews Field Interviews
Consensual Non-Consensual Investigative Detentions (reasonable suspicion) Custodial Interrogations (probable cause)
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Bad Habits lead to bad interviews
Failure to interview Authoritarian demeanor/too aggressive Prejudice Failure to investigate Early Handcuffing/unnecessary handcuffing Failure to control temper Partial investigations Failure to build rapport Failure to properly document
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Miranda Two Elements need to be present for Miranda to apply:
Custody (not free to leave) Interrogation Miranda does not apply to traffic stops or brief field interviews based on reasonable suspicion
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Does Miranda Apply? Questioning at the police station
Questioning in a police vehicle Questioning at the crime scene Questioning at the suspect’s home
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Interrogation vs. Interview
Interview: basically a conversation (“Tell me what happended. “ Interrogation: inherently involves Persuasion and/or Pressure.
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Interrogation finds out the why
You really need to know your Criminal Law and the elements of a crime, because some crimes require intent. Example: Burglary requires felonious intent, and the only way to get this kind of information is through an interrogation.
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Types of Confessions Verbal Written Tape recorded (digital recorders)
Hard Confession Soft Confession
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Interviewer Questions
The interviewer should formulate questions aimed at discovering the following: Was there premeditation? Were actions deliberate? Was there malicious aforethought?
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Culpable Mental State the state of mind of an individual while committing a crime; a crime requires a guilty act or omission (the actus reus) be committed with the required degree of guilty mind. Generally, certain acts are crimes only if done with a particular state of mind, and that a certain sort of criminal act is more or less serious depending on the perpetrator's state of mind at the time.
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If we consider the killing of one person by another person, such conduct may be
1) no crime if done in self-defense, 2) a serious crime if done negligently and 3) the most serious sort of crime if done purposefully (murder). The term, Culpable Mental State is synonymous with mens rea (guilty mind).
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Culpable Mental State Criminal Negligence Recklessly Knowingly
Intentionally
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The Interview Obtain Basic Information Obtain Descriptors Orientation
Narration Cross-Examination Resolution
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Basic Information Full Name Alias/Nicknames/AKA’s Date of birth
Social Security Number Driver’s License number Address Phone number(s) (cell, home, work) Place of Employment
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Descriptors Height Weight Eye Color Hair Color/ Bald Race Gender
Mustache/beard/Goat-T
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Orientation Introduce self Handle administrative issues
Miranda (if necessary) De-escalate stress, anger Talk about neutral topics to assess subject Explain interview process (“I need your side of the story”)
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Narration Begin dealing with the substance of the case
Ask open- ended questions Why are you here? What happened? Tell me about? What happened next?
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Cross-examination Direct Questions Yes/No questions (last resort)
Positive confrontation Theme building Supported confession Questions that gain clarification Paraphrase what they have told you
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Resolution Wrap-up issues Explain next step of investigation
Thank the subject for speaking to you Return to neutral topics Arrest or Arrange for future contact
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Tips Control Temper Be subjective (be human) Build Rapport
Be soft, minimize wrong doings Gain trust Be confident Be convincing Give examples/Tell parables Don’t be intimidated
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More on culpable mental state
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Last but not least Documentation- Concise and well written reports.
If its not in a report, it didn’t happen.
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