1 Book Cover Here Chapter 10 INTERROGATION OF SUSPECTS AND HOSTILE WITNESSES Guidelines and...

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Book CoverHere

Chapter 10

INTERROGATION OF SUSPECTS AND HOSTILE WITNESSESGuidelines and Procedures

Criminal Investigation: A Method for Reconstructing the Past, 7th Edition

Copyright © 2014, Elsevier Inc. All Rights Reserved

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The Purpose of Interrogation

• Incriminating information• Exculpatory information• Details of the crime

• Accomplices • Circumstances• Follow-up leads

• Location and clarification of evidence• Admission or Confession


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Why People Confess: HOROWITZ

• Basic Concepts 1. Accusation2. Evidence is Available3. Forces – Friendly and Hostile4. Guilt Feelings 5. Confession


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Why People Confess: PAVLOV

• Basic Concepts– Intensity of Signal – Anxiety Waiting– Alternate Signals– Physical Condition


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Why Some DO NOT Confess

• No pangs of conscience/no guilt• Fearful of consequences• To avoid self-incrimination• Attorney recommendation (Miranda)


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Interrogation: Guidelines and Procedures

• Miranda Guidelines– The right to remain silent– Anything said can be used against the individual– Right to counsel– Counsel for the indigent– The wish to remain silent– Waiving one’s rights– Admission of statements

• Congressional ActionCopyright © 2014, Elsevier Inc. All

Rights Reserved

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Implementing Miranda

• As a means of compliance with the Miranda decision, many police departments have cards printed out that spell out the constitutional rights of the individual– Officer must also verbally inform the individual

• Courts have ruled that any statements made outside the context of Miranda rules are allowed


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Implementing the Miranda Warnings

Miranda Warning Card

1. You have the right to remain silent. This means you do not have to answer any questions.

2. If you answer any question, anything you say can be used against you in court.

3. You have the right to legal counsel. This means you may secure the services of a lawyer of your own choosing and seek his or her advice. You may also have him or her present with you while you are being questioned.

4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning takes place, if you so wish. This will be done without any expense to you.

5. If you decide to answer questions now without a lawyer present, you retain the right to stop answering at any time. At that time you still have the right to seek the advice of a lawyer before continuing to answer questions.


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Waiving One’s Rights

“Waiver of Rights” Form

I have had my rights explained to me and have read a statement of them. I understand what my rights are. I do not want an attorney at this time. I know and understand the consequences of what I am doing. I am willing to answer questions and to make a statement. No threats have been made to me. No coercion of pressure of any kind has been exerted against me. No promises have been made to me.DATE: _____________________ ____________________________

(Signature)

TIME: _____________________

LOCATION: _____________________

WITNESS: _____________________ DATE: _____________________

TIME: _____________________

WITNESS: _____________________ DATE: _____________________

TIME: _____________________


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Congressional Action

• 1968– Congress passed a law that applied only to federal

prosecutions– Intent was to get around Miranda and allow voluntary

confessions to be admitted into evidence• 1997

– Janet Reno stated that the 1968 law was unconstitutional• 1999

– 4th Circuit U.S. Court of Appeals permitted the resurrection of the 1968 law that had never been involved

– Reaffirmed the admissibility of voluntary confessions


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Interrogation in Practice

• Preparation• The Setting

– Privacy – The Room

• Creating the Tone• Interrogation by Males and/or Female• Multiple Interrogators


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Creating the Tone

• Dress and Appearance• Diction • Mannerisms• Attitude • Taking Command of the Situation


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Conducting the Interrogation• Preliminaries

– Capacity of the subject to understand and respond rationally to questions

• Intoxication, influence of drugs, abnormal emotional reactions, etc.

• Advice of physician may be needed– When the person to be interrogated is a suspect

• Opportunity to admit their guilt is needed• Beginning the Interrogation • The Body of the Interrogation • Evaluation of Responses • The “Break”


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Documenting the Interrogation

• Recording Statements and the Confession • A Consensus Favoring Videotaping• Reducing the Confession to Writing • Witnessing the Confession • Time and Personal Needs Register


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Types of Cases Videotaped• 83% of agencies videotaped homicide cases• Rape cases — 77%• Aggravated battery or assault cases — 71%• Armed robbery cases — 61%• Drunk driving cases — 59%• Unarmed robbery cases — 45%• Burglary — 44%• Other property crimes — 34%


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Conclusion

• Keep the interrogation process humane• No investigator wishes to have an innocent

person confess to a crime• Corroborate guilt beyond the confession with

evidence• A confession can be therapeutic (a chance to

“tell all”) – but limit written confession to crime under investigation


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