INTERVIEW VS INTERROGATION To question or

converse with victims, witnesses, complainants and informants in order to obtain information.

The formal questioning

of suspects or persons in order to obtain incriminating information and/or a confession.

INTERVIEW LOCATION No phones, pagers etc

No clocks/watches

No decorations

Sound proof

No windows

RESPONSIBILITIES OF INTERVIEWER

STRUCTURED INTERVIEW – FRAZEE THREE-STEP PROCESS1. Respondent tells the story in their own way

2. Officer uses notes to guide the respondent in retelling the story chronologically (step by step)

3. Officer reads back finalized notes

COGNITIVE INTERVIEW Purpose is to enhance recall Technique and its purpose described to the witness

Be careful not to suggest anything Do not stress the witness’s importance

Steps Witness describes the physical environment where the

incident took place Witness reports his feelings and reactions Witness mentions everything they can remember Witness recalls events in a different order Witness reports incident from another person’s point of

view

COGNITIVE APPROACHGoals of the Cognitive Approach

Examples of Interview Questions

Recall emotions or retrieve memory of the surroundings.

Describe the room in which the assault took place.

Report even the smallest details. Can you tell us what was on the wall?

Recall the events in a different order.

What did you do when you entered the room? What did you do when you found the body? What were you doing before you entered the room?

Alter the suspect’s or witness’ perspective.

Close your eyes and describe the scene as if you are watching it on tv.

INTERVIEWING CHILDREN AND JUVENILES Blurry line between right and wrong, between reality and

fantasy Children concentrate on the present

Easily influenced and manipulated

Unsophisticated, little life experience

Believe that everything will turn out OK once their parents or guardians become involved

INTERROGATIONA person will confess to an interrogator because: They like or respect

the interrogator

Hope they better their position with the police, family, employer, themselves etc

THE REID NINE STEPS OF INTERROGATION1. Direct Positive Accusation2. Theme Development:

3. Handling Denials4. Overcoming Objections:

5. Attaining the Subject’s Attention:

6. Handling Subject’s Passive Mood:

7. Presenting the Alternative Question:

8. Obtaining the Verbal Confession:

9. Elements of the Written Confession:

HARSH INTERROGATION TECHNIQUES:

THREATS AND DECEPTION Threats

Severe punishment Revocation of probation or parole Consequences to family and friends

Inducements Monetary rewards Leniency on their own cases

Tricks Defining a situation as non-custodial Misrepresenting the seriousness of a crime Psychological tricks (feigning sympathy, blaming

the victim) Fabricating evidence

DECEPTION CLUSTERS It is easier to control verbal clues than

non verbal

SIGNS OF A LIAR http://www.youtube.com/watch?v=NNcT9qGLvUc

INTERROGATION GUIDE 55% is body language 38% vocal inflection 7% what is actually said Liars deny in detail, truthful people deny

categorically Liars give rambling and indirect answers –

truthful people answer directly Changing subject & resorting to trivia is

typical of a deceptive person

GUIDE CONTINUED When a suspect answers with an answer you don’t want,

always ask “are you sure”. Truthful people will normally repeat the first answer without hesitation. Liars will hesitate before answering, change or hedge their answer.

Fail to recognize the question Refuse to answer the question Delay in answering “No” words

The Five second NO – “NO-noooooo” No – followed by crossing arms/ legs, closing eyes NO – before question is finished No – then look around No- shakes head

DECEPTION VERBAL CLUES

Stammering, Stuttering, slurring speech, hesitating or mental clocks

Make noises or sounds to stall for time: “Aahhu” “Ummm” Ohhh”

Nervous laughter Politeness of overly helpful, suggesting answers before the

question Skipping around a sentence, stopping a sentence,

restarting sentence Stalling: ask to repeat/rephrase question, answer w/

question Complaints – why are you picking on me Religious statements – oh my god, don’t you have anything

else to do Political statements – I know the mayor Memory lapses – no such thing in regard to significant

events

NEGATIVE BODY LANGUAGE SIGNALS

Stress / Nervousness Rocking motion of torso Leg swinging Foot or finger tapping Short breaths Tightly clenched hands Wringing hands Clearing throat Fidgeting in chair Scratching or rubbing back of hands

Defensive / Withdrawn Closed eyes Lowering of chin Hunching of shoulders Arms crossed Fists clenched Legs crossed Downcast eyes Face turned away Body turned slightly away

NEGATIVE SIGNALS CONTINUED

Doubt/Deception Pacing Pinching bridge of nose Lowered head Hand over mouth Rubbing eyes Sideways glance Rubbing nose Rubbing behind ear

Boredom Drumming on table Head in hand Drooping eyes Doodling

POSITIVE BODY LANGUAGE SIGNALS

Ready to Cooperate Sitting on edge of chair Tugging at pants Standing, hands on hips Tilting head Moving closer Touching Rubbing palms together

Openness Unbuttoned coat Uncrossed legs Moving closer Uncrossed arms

Evaluation Sitting on edge of chair Body leaning forward Slightly tilted head Hand on cheek Stroking chin Slightly squinting Slow cleaning of glasses Relaxed mouth, chin

forward Extended eye contact w/

slight one sided smile

FLAG EXPRESSIONS OF DECEPTION

“Really” “Really” – over emphasis To tell the truth--- To the best of knowledge--- I couldn’t lie to you--- Frankly speaking--- May my mother drop dead--- To be perfectly honest--- I knew this was going to happen--- Why would I want to do something like

this--- You’re just saying that because, I’m---

QUALIFYING & CAMOUFLAGE FLAG PHRASES

I’m not trying to evade the questions--- I’m not trying to confuse you--- You know you are looking at me like I’m

lying--- By the way--- Incidentally--- I already answered that question--- Like I told you before--- My mother didn’t raise me to---

HARSH INTERROGATION TECHNIQUES CAN LEAD TO FALSE CONFESSIONS

Even intelligent persons have falsely confessed to seek leniency

Many persons don’t understand the CJ process. They don’t appreciate that confessions are hard to “take back”

Persons who falsely confess often falsely implicate others Particularly vulnerable

Children and juveniles Less sophisticated Persons with mental handicaps Innocent persons with prior records or on probation or

parole, who may fear the consequences of being convicted at trial

MEMORY IS NOT FIXED -- IT’S MALLEABLE What can implant false memories?

Guided information (coaching or leading a subject) Using hypnosis to aid recall Providing false information

False memories can be implanted unwittingly Not on purpose but through a flawed interviewing

process

False memories can be just as emotional as true memories

Everyone is susceptible to some degree