1. Class Name, Instructor Name
Lasley & Guskos, Criminal Investigation: An Illustrated Case Study Approach 1ed
Chapter 5
INVESTIGATIVE INTERVIEWING AND INTERROGATION
Class Name, Instructor Name
Date, Semester

2. CHAPTER OBJECTIVES Differentiate between interviews and interrogations
Describe effective interviewing and interrogation techniques
Summarize the legal requirements of interviewing and interrogation, including Miranda rights
Explain how to deal with special witnesses
Identify how lying and deception are detected
Explain why people confess and how confessions are documented

3. Differentiate between interviews and interrogations
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Differentiate between interviews and interrogations

4. Interview vs. Interrogation
Interview goal: Obtain insights and observations from person who may have personally witnessed or gained knowledge about criminal matters under investigation
Interrogation goal: Aims specifically at determining the guilt or innocence of persons suspected of criminal involvement through special information- gathering techniques

5. Describe effective interviewing and interrogation techniques
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Describe effective interviewing and interrogation techniques

6. Preinterview Activities
Gather background information
Know information about the case before discussing
Know information about the witness’ background before asking questions
Separate witnesses
Before they can discuss details of the crime
Prevent witness contamination
Identify witnesses
Names, physical descriptions
Additional information from others (dispatch, officers)

7. Preinterview Activities
Identify the type of witnesses
Friendly, neutral, hostile witnesses
Identify type before asking questions
Consider questions to be asked
Who, what, when, where, how, why?
Tailor questions toward the crime that occurred
Selecting an interview location
Interview as soon as possible
Interview in nonthreatening location if possible

8. Interview Location

9. Witnesses
Friendly
Rapport developed, converse casually, open-ended questions
Neutral
Unbiased account of incident, interview before others, best account of incident, interview same as friendly, can shift to hostile so be prepared
Hostile
Often know victim and are related, downplay offense, defensive, ask questions related to their personal life to establish rapport, begin with close-ended questions

10. Type of Witness?

11. Cognitive Interviewing
Show pictures of the crime area
Return to the physical location of the crime
Ask specific questions about details of the crime
Attempt to recreate the witness’ mindset at the time of the crime
Refreshing a witness’ memory

12. Show the Crime Scene Area

13. Eyewitness Accounts
Factors affecting the accuracy of a witness’s observations of the crime:
AGE
GENDER
RACE
DRUG/ALCOHOL USE
CRIME TYPE
FREQUENCY
WEAPON
ILLUMINATION
TIME EFFECTS
WITNESS ANXIETY
FLASHBULB MEMORY

14. Explain how to deal with special witnesses
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Explain how to deal with special witnesses

15. Interviewing Special Witnesses
Mental competence & credibility are key to a successful interview Mentally impaired witnesses—limit information they can provide, interviewer must consider this Intoxicated persons—should not be interviewed until the affect of intoxication is gone Elderly witnesses—reduction in memory and physical condition, consider age-related functions

16. Interviewing Special Witnesses
Physically disabled witnesses—consider sight, hearing, memory and suitable accommodations for the interview Juvenile witnesses—parental permission generally needed Confidential informant—consider credibility Gang/drug trade witnesses—fabricate and tell investigators inaccuracies to protect themselves

17. Suspect Interrogation
Ultimate outcome is a confession
Admission can also be revealed during an interrogation
Investigators must be prepared before an interrogation begins
Verification of current knowledge of crime 17 17

18. Conducting a Show up & Documentation
Name/identifiers of officer and witnesses, suspects being interviewed
Circumstances warranting the showup
Description of the showup
Witness statements and others during showup 18 18

19. Identify how lying and deception are detected
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Identify how lying and deception are detected

20. Reid Nine-Step Technique
Direct Positive Confrontation
Tell suspect in an assertive, confident manner that they are considered the person responsible for the crime
Theme Development
Provide the suspect with a moral excuse for committing the crime without being morally judgmental
Handling Denials
Stop suspect from repeating or elaborating claims of innocence

21. Reid Nine-Step Technique
Overcoming excuses
Investigator should listen and act in an attentive manner
Keeping the suspect’s attention
Maintain suspect’s attention by continued listening of excuses and showing outward signs of sincerity
Suspect submission
Maintain eye contact and sympathetic demeanor

22. Reid Nine-Step Technique
Offering choices
Offer choices in the form of questions regarding the suspect’s involvement in the offense
Obtaining crime details
Probe suspects for details regarding their involvement in the crime
The confession
Once a verbal confession is obtained, a written confession should be obtained as well

23. Good cop/bad cop Technique used to interview and gain confessions 23

24. Neuro Linguistic Programming
Identify suspects sensory modality
Establish rapport
Analyze baseline movements
Lie detection

25. Behavioral Analysis Interview
Preinterrogation interview of 15 questions
Suspects not showing lying behaviors are free to go

26. Interrogation Profiling
Real need offenders—real offenders acts alone, first- time offender, spontaneous act, opportunistic act Lifestyle offenders—methodical, well-planned crimes that protect and support their social status Impulsive offenders—crimes of opportunity, spontaneous, lash out at target Esteem offenders—psychological to prove their own self-worth

27. Body movement analysis
Kinesics Analysis
Face
Gestures
Body Movement
Voice
Body movement analysis

28. Body Movement Analysis

29. Explain why people confess and how confessions are documented
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Explain why people confess and how confessions are documented

30. False Confessions Duress Coercion Intoxication Diminished capacity
Mental impairment
Ignorance of the law
Fear of violence
Infliction of harm
Threats of a harsh sentence
Misunderstanding the situation

31. Coerced-internalized
False Confessions
Mental suggestibility or confusion and end up believing they are guilty
Coerced-internalized
Avoid perceived or real threats of physical harm if they do not provide a confession
Coerced-compliant
Fame, recognition, protection of a friend/relative, self-punishment
Voluntary

32. Other Deception Detection Methods—Polygraph
Pretest Interview—discussion of questions to be asked
Pretest—monitoring devices attached to person being interviewed
Examination—formal questions of “yes” and “no” are asked

33. Polygraph Examine

34. Other Deception Detection Methods
Brain fingerprinting—spikes in normal brain activity show deception Voice stress analysis—analyzes voice patterns that occur when an untruthful reply, statement, or narrative is given Functional magnetic resonance imaging—brain reacts in different recognizable patterns when lying Clinical hypnosis—many legal restrictions Truth serum—assist in memory recall

35. Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Summarize the legal requirements of interviewing and interrogation, including Miranda rights

36. Legal Requirements
Miranda Warnings—before interviewing and interrogating suspects Exceptions: alibi, self-incriminating statements given prior to Miranda, public safety issues, lying under oath Miranda waivers—right to remain silent and have assistance to legal counsel Juveniles are also required to receive their Miranda warning

37. CHAPTER SUMMARY
Interviews are typically conducted with persons who are not suspects of crime, but who have witnessed or can provide information regarding a criminal activity. Interrogations are aimed at uncovering information from a crime suspect, or other persons who may have participated in a crime, to establish guilt or innocence. The physical settings, techniques, and laws involved in conducting interrogations are much more stringent than those relating to the interview process.
The particular technique used to conduct an interview is generally adapted to the type of witness that is being interviewed. Friendly witnesses, those willing to cooperate with investigators, are asked open-ended questions followed by closed-ended questions. Neutral witnesses, those who neither volunteer nor refuse to cooperate, are best interviewed using a “who, what, where, when, why, and how” strategy. Hostile witnesses refusing to cooperate should first be approached with closed-ended questions and then, if they choose to cooperate, open-ended questions should be administered. Cognitive Interviewing (CI) can also be employed as a means of refreshing a witness’s memory about a criminal event.

38. CHAPTER SUMMARY
In order for statements made during an interrogation to be legally admissible, Miranda warnings must be given to individuals who are being questioned in a custodial setting about their involvement in a crime. This rule applies to juveniles as well.
The investigator must perform a tactful assessment of special witness to determine whether their condition or status may negatively affect the value of the information they provide.
The polygraph determines deception through analyzing changes in an individual’s involuntary physiological functions as a reaction to being untruthful. Elevated breathing, blood pressure, and pulse rates are some of the reactions associated with being deceitful.
Self-incriminating statements also may be admissible in the absence of a Miranda warning if certain post-Miranda exceptions apply. Miranda rights may also be waived by a crime suspect, allowing for a full range of questioning during an interrogation.