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INTERVIEW & INTERROGATION.  Interview – used to gather info & determine the truth  General questions – no Miranda warning; establishing a rapport w/

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Presentation on theme: "INTERVIEW & INTERROGATION.  Interview – used to gather info & determine the truth  General questions – no Miranda warning; establishing a rapport w/"— Presentation transcript:

1 INTERVIEW & INTERROGATION

2  Interview – used to gather info & determine the truth  General questions – no Miranda warning; establishing a rapport w/ person  Specific questions – Miranda before you start; more details

3 TECHNIQUES Cognitive approach - most common - enhances recollection of details - gets interviewee to reconstruct circumstances surrounding incident in different ways - person may be interviewed several times - take careful notes - gain a lot of info and details

4 - in future interviews, observe inconsistencies  leads to interrogation Interrogation – subject is likely to make incriminating statements or confess Must be read Miranda before interrogation

5 INTERVIEWING A CHILD  Make child feel safe and comfortable – allow child a toy or blanket  Have parent or advocate nearby  Videotape interview  Have already prepared questions  Intro & explain what is happening  Child may or may not have to testify in court

6 INTERROGATION  By detective to gain evidence from an uncooperative source, maybe a confession  Review all previous info, stay calm; can’t be unreasonable  Steps: 1. establish control – tell suspect to sit 2. remind suspect of 5 th & 6 th Amendment rights 3. show evidence of suspect’s link to crime 4. use body language or words to show interest or disbelief 5. must allow suspect to answer – if lying can catch him in lie later

7 MODELS  Suspect decision making  Cognitive-behavioral  Psychoanalytical  Emotional  Interaction process

8 Figure 2-12. Interrogation models. Interrogation ModelQuestioning StrategiesWhy It Works Suspect Decision-Making ModelInterrogator offers the options available and the consequences of each. Suspect weighs pros and cons of confessing; considers all options and consequences; decision to confess lies in perceived consequences Cognitive-Behavioral ModelInterrogator continues questioning over a period of time until the suspect is less resistant. Factors such as exhaustion, overwhelming guilt, and isolation may cause someone to confess; relies on fear of isolation or being arrested, or on the suspect's assumption that guilt can be proved Psychoanalytical ModelInterrogator tells suspect that confessing will lift the burden of guilt and that the suspect will feel better. Individual feels the need to confess to punish himself/herself; model is unlikely to be used successfully on suspects who are career criminals, as they are unlikely to feel guilt for their actions Emotional ModelInterrogator allows suspect to shift the blame without escaping legal responsibility. Suspect simply does not tell the truth to avoid the consequences, such as loss of freedom or social status Interaction Process ModelInvestigator determines the best method to approach the interrogation based on the suspect's background and history and on the facts of the case. Allows the interrogator to evaluate the suspect and then proceed using one or more of the above models to obtain a confession

9 SIGNS OF DECEPTION  Combo of behaviors:  - ex. Biting or licking lips, avoiding eye contact, covering of mouth – hides facial expressions, arms crossed, etc.

10 REPORTING INFO  Objectivity – report only facts, no opinion - accurate and truthful  Includes: name, address, role, etc  Filed throughout investigation All reports stored for future review


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