Criminal Investigation Interview Process Part 8

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Criminal
Investigation
Interview Process
Part 8
Interview Process
1. Interview application
- questioning people
- cooperative
a. Purpose
- obtain knowledge
- interview / physical evidence
- most cases rely on both
b. Goal
Interview, cont.
- identify those responsible
- eliminate the innocent
c. Information received:
- prove elements
- provide leads
2. Three primary sources:
a. People
- complainant: reported crime / incident
Interview, cont.
- witness: some information
- victim: person injured
- informant: personal benefit / desire
- suspect: can be / cooperative
b. Physical evidence
- suspect items on victim
- victim items on suspect
- suspect items at scene
Interview, cont.
c. Reports / records
- information source
- police records
- other records
3. Preparation
- establish rapport
- maintain privacy
- psychological advantage
- quiet interview room
Preparation, cont.
a. Verbal behavior analysis
- listen
- not just what / but how
- timing / rate / pitch / clarity
- truthful attitude vs. deceptive attitude
b. Truthful
- spontaneous
- helpful
- concerned
- sincere
Preparation, cont.
c. Deceptive
- guarded
- unhelpful
- unconcerned
- insincere
(1) Truthful
- sincere / direct / spontaneous / no
delay / realistic words / consistent /
no qualifications
Preparation, cont.
(2) Deceptive
- delay response / evasive / rapid pace
/ talk unclearly / change pitch / levity
or nervous laughter / bolster answers
/ sophisticated
4. Witness interview
- interview separately
- victim / complainant
- eyewitnesses
- others
Preparation, cont.
a. Time / place
- may not have opportunity
b. Identify
- keep separate
- confidential
- not used / unless court
c. Reactions
- may forget
- change story
Beginning Interview
5. How starts / very important
a. Size each other up
- police: understand witness
- witness: holding back
b. Establish barriers
- our own space
- officer encroachment
- officer attitude
Beginning, cont.
c. Friendly / professional
- smile / apologize
- identify / identification
d. Rapport
- friend
- not adversary
- understanding
- non-judgmental
- good listener
Interview Techniques
6. Location
- interview room
- home of witness
- not at workplace
a. Small talk
- put at ease
- safe / comfortable
b. Reciprocity
Techniques, cont.
- exchange of information
- part of investigation
c. Deception
- be truthful
- only when necessary
d. Listen / empathize
- show concern
- there to help
Techniques, cont.
e. Help recall events
- do not suggest answers
- guide answers
f. Choose questions
- keep short
- confined
g. Point out conflicts
- statements from others
- not change mind / influence
Techniques, cont.
h. Be observant
- signs of lying
- initial statement
i. Body language
- be conscious of
7. Interview Guidelines
a. One question
- do not confuse
Guidelines, cont.
- no multiple questions
b. Responses simple / direct
- do not ramble
- or compare
c. Avoid “yes” or “no” questions
- narrative
- reveal inconsistencies
d. Positive approach
Guidelines, cont.
e. Be positive
- let “save face”
f. Time to answer
- ask
- not demanding
g. Listen
- understand
- repeat if necessary
- prepare from response
Guidelines, cont.
h. Body language / tone of voice
- anger or offend
- want cooperation
i. Neutral territory
- how they feel
- you know
j. Caution recording
- agree
- pertinent information
Guidelines, cont.
k. React
- notes / head nod / verbal inclinations
- important
l. Professional distance
- no personal involvement
8. Direct / indirect questions
- two types to ask
a. Direct
Guidelines, cont.
- to the point
b. Indirect
- skirts the issue
9. Two sources of information
a. Investigative
- witness saw / heard
- establish alibi
- validity of statements made
Information, cont.
b. Behavioral
- posture / attitude
- hand / leg movements
- eye contact
- way statements made
(1) Person telling truth
- fear of detection
(2) Innocent person fears
- not believed
Information, cont.
- retribution
- loss of esteem
c. Privacy
- important element
- exists in the mind
(1) Isolation best
- not necessary
- no time / location
Information, cont.
(2) Separate on street
- back to back
(3) Demeanor
- talk softly
- reassure confidentiality
(4) Officer appearance
- interested
- approachable
- non-judgmental
Body Language
1. When questions asked
a. Barriers
- folded arms / crossed or extended legs
- timing important
- incriminating questions
b. Protective gestures
- elbow on desk
- hand on chin / over mouth
- hide eyes
Language, cont.
c. Grooming gestures
- picking lent
- smooth hair
- straighten tie
2. Non-verbal illustrations
a. Untruthful
- use hands to illustrate
- clarify / recreate activity
- truthful don’t use
Language, cont.
b. Deceptive posture
- non-frontal
- hand on chin / arms crossed
- rigid / retracted feet
- sitting on hands
- slouched / feet extended
- position unchanging
- static
c. Eye contact
- 30 % to 60 %
Language, cont.
(1) Truthful
- mutual gaze
- direct eye contact
(1) Deceptive
- incriminating questions
- look away
3. Evaluate attitude
a. Truthful person
Attitude, cont.
- anxious to resolve
- freely discuss (suspicions / theories / and
speculations)
b. Deceptive person
- reluctant
(1) No crime occurred
- making up story
- self-committed (suicide)
- money will turn up
Attitude, cont.
(2) Volunteer nothing
- careful thought / words used
- overly friendly / polite
b. Evaluate responses
- attempt to avoid anxiety
- avoidance means: verbal / nonverbal
c. Four possible responses
- truth / omission / evasion / denial
Attitude, cont.
- example: “Did you steal the $5000.00?”
(1) Truth: “Yes, I did.”
(2) Omission: No verbal response
(3) Evasion: “Why would I do that? I like
my job too much.”
(4) Denial: “No, I did not.”
Attitude, cont.
4. Anxiety
- omission / evasion = than denial
a. Evasive answer: “Did you shoot the victim?”
- “I was home all day.”
- “I don’t even own a gun.”
b. Speak in irrational manner
- fragmented / incomplete sentences
- “It’s important that . . . , if you think . . . ,
I hope that you . . . .”
Attitude, cont.
c. Feign memory failure / half-lie
- “I don’t remember.”
- “As far as I know.”
- “I don’t recall.”
d. Bolster answer
- “To be perfectly honest with you, . . . .”
- “To be quite frank, . . . .”
e. Sophisticated answer
- they have thought about their answer
Attitude, cont.
- “At this point in time, . . . .”
- “I may be mistaken, but . . . .”
f. Use of religion
- “I swear to God.”
- “As God is my witness.”
- “I swear on a stack of bibles.”
5. Nonverbal responses / behavior
- body movement / position change / gestures
/ facial expressions / eye contact
Nonverbal, cont.
- communication level: more than ½ nonverbal
a. Verbal statements
- carefully thought out
- conscious control
b. Do not pay attention
- physical movements / gestures
- more than ½ of meaning
c. Examples:
Nonverbal, cont.
(1) Suspect: “Did you commit the robbery?”
- Firm voice: “Absolutely not, I had
nothing to do with it.”
- leans forward / open posture / maintain
eye contact
- shows sincerity / directness
(2) Suspect 2: same question
- weak voice: “No, I . . . , it wasn’t . . . , I
didn’t do it.”
- shifts position / cross arms / look away
- shows deception
Nonverbal, cont.
d. Posture / attitude
- forms foundation
(1) Evaluating posture
- reflects: emotions / interest level /
confidence
(2) Truthful person
- high interest / emotionally involved /
expresses confidence
Nonverbal, cont.
(3) Deceptive person
- emotionally withdrawn
- preoccupied
- less interest
- lacks confidence
6. Time considerations
- most fundamental concept
- indicators of deception
a. Occurs in 4 stages
Time, cont.
- during questions / response
(1) First stage
- asking of questions by investigator
- person interpreting contents
- obvious threat to them
- form verbal response
(2) Second stage
- “response latency”
- last word question / first word response
Time, cont.
(3) Third stage
- subject responding to question
(4) Fourth stage
- post response period
- completes verbal response
- still exhibits nonverbal indicators
(a) Relief interview is over
(b) Concern whether believed or not
Time, cont.
b. Factors affecting nonverbal behavior
- individual’s personality
(1) Level of socialization
- educational
- interaction with others
- people interact with
(2) Motivation
- what is right
- unfriendly witness
Time, cont.
- want to get suspect arrested
(3) Psychological problems
- mentally incompetent
(4) Physiological problems
- alcoholic / drug addict
(5) Emotional state
- family member killed
- accomplice killed by police
Time, cont.
c. Behavioral analysis
- valid / reliable means
- not 100%
(1) Evaluate behavior
- findings not support guilt
- view with caution
(2) Exhibit truthful indicators
- findings show guilt
- pathological liar
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