1. Interviewing Witnesses
Chapter 13
Interviewing Witnesses

2. 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.

3. 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.

4. Interviewing Questions
Introductory
Informational
Assessment
Closing
Admission-seeking

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

6. 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

7. 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

8. Informational Questions
Open questions
Closed questions
Leading questions
Question sequences

9. 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.

10. 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.

11. 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.

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

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

14. 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

15. Closing Questions Reconfirming facts Gathering additional facts
Concluding the interview

16. 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

17. 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

18. 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

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

20. 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?”

21. 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?”

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

23. 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

24. 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.

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

26. 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

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

28. 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

29. 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

30. 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

31. 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