19-003 advanced interviewing techniques - pavtn.net · cognitive interview -methodology 19-003...

1

Copyright © 2018 by the Pennsylvania Municipal Police Officers’ Education and Training Commission. All Rights Reserved.

19-003Advanced Interviewing

Techniques

19-003 Advanced Interviewing Techniques

• Sharpen interviewing skills

• Recognize when and how to apply advanced interviewing techniques with victims, witnesses, and suspects

2

Purpose of Today’s Training

This training focuses on the patrol officer who takes interviewing seriously by practicing good communication

skills, along with acknowledging and embodying the characteristics that produce an effective interviewer.


• Practice makes permanent

• Importance of verbal and nonverbal interaction

• A good communicator knows when to speak and more importantly when to listen

3

Skillful Art of Communication

2


• The communication process begins with listening

• Employ and practice the three main listening skills of:

1. Attending2. Following3. Reflecting

4

Active Listening

“Be a good listener. Your ears will never get you in trouble.” –Frank Tyger


OBSTACLE STRATEGY

Distractions Manage them

Preoccupation Maintain focus

Only Detail-Focused Think “big picture”

5

Overcoming Obstacles to Active Listening


6

Overcoming Obstacles to Active Listening

OBSTACLE STRATEGY

Topic Take an interest & empathize

Rebuttal Tendency Remain silent

Speaker Remain engaged & objective

“Remember: Active listening is not just a phrase. It is a system, a procedure, a method for achieving a goal, and

it works. You just have to practice.” (Glennon).

3


7

Key Characteristics of an Effective Interviewer

CHARACTERISTICS SUPPORTING ACTIONS

Good Attitude Treat with dignity & respect

Rapport Create a comfortable environment

Empathy Show sensitivity & understanding


8



Objectivity Maintain an open mind

Credibility Be yourself

Patience & Perseverance Avoid time limits & stay calm

Intelligence Adapt to the situation


9



Emotional Intelligence (EQ) Understand/express your emotions & empathize with others when communicating

Professionalism Appear competent & well-dressed

Salesmanship Be convincing & reflect interest

4



Confidence Portray self-assurance

Intuition Trust your gut & investigate further

Ability to Change Demonstrate flexibility

10




Proxemics Maintain appropriate distance

Kinesics & Officer Safety Observe nonverbal signals

11



• Collect information • Confirm facts• Establish timeline and all of the players• Follow your county’s and department’s policies,

procedures, and protocols

“Remember, your objective is to obtain the truth of what happened by whatever actions are necessary

within the law.” (Murgado)

12

Patrol Officer’s Role

5


Larger DepartmentsMinimal fact interview -gather information to determine immediate

protective actions

Case is transferred

Smaller DepartmentsNeed to go beyond minimal facts and conduct follow-up

interviews

Seek additional support from supervisor, social services, and/or DA’s

office

13

Patrol Officer’s Role


• Free Format Interview

• Cognitive Interview

• Trauma-Informed Victim Interview

• Behavior Symptom Analysis

• Mirandized Interview

14

Interviewing Techniques


• Most universal – solid basis

• Best applied to initial information gathering situations

• Contains six steps

15

Free Format Interview

6


1. Opening

2. Narrative

3. First Paraphrase

4. Six “Ws” and H

5. Second Paraphrase

6. Professional Close

16

Free Format – Six Steps


• Introduce yourself and state your purpose

• Manage distractions

• Ask personal history questions

• Maintain open posture

• Give appropriate eye contact

• Continuously build rapport

• Display a neutral and professional image

17

Step 1: The Opening


• Interviewee begins to tell his/her story

• Occasionally lean forward and/or nod

• Jot down a few notes for now

• Avoid saying, “Just the facts…”

• Recognize that the interviewee may digress

18

Step 2: The Narrative

7


• Paraphrase the story back

• Assess how well the story was told

• Opportunity for the interviewee to:oCorrect any errorsoFill information gaps

19

Step 3: The First Paraphrase


• Ask: who, what, where, when, which, and why – and how?

• Ask your prepared questions

• Now is the time for detailed note taking

• Begin to think about:o Is the person trying to

convey or convince?o What’s the form of the

narrative? o Where is the person’s

psychological mindset?o Is there a compensatory

act after the event? Is there curiosity who did the act?

20

Step 4: Six “Ws” and H


• Reiteration of the first paraphrase

• Continue taking notes

• Paraphrase for documentation purposes

• Review your information

21

Step 5: The Second Paraphrase

8


Ask the following closing questions:• Is there anything else I

should know?• If you were investigating this

incident, who would you go talk to next? Why?

• If you remember some additional information would you please call me?

• Do you have an issue if I contact you in the future?

• Distribute your card with the case number and your contact info

• See something, DO NOT confront anyone – call 911 first

• Thank you!

22

Step 6: The Professional Close


23

Free Format Video Example


24

Video Debrief

Showed Support

Active Listening May Include

Silence

Expressed Empathy Built Rapport

Effective Non-Verbal

Communication

Observed Victim’s Body Language

Paraphrased Story Took Notes Professional Close

9


Awareness and empathy will provide perspective on how victims and witnesses

experienced the event.

That perspective will then provide guidance to you on how you should approach and treat

them when gathering information.

25

Victim and Witness Interaction


• Being victimized is a life altering event

• Proceed with caution and compassion

• Victims may experience a traumatic emotional response - making interviewing challenging

• Victims should walk away feeling heard, validated, and believed

26

Treatment of Victims


• Within 24 hours provide the Victims' Rights Form* regarding victim’s rights and services

oAllegheny County Example

• Written record must be signed by the victim/family and attached to the police report

27

Victims’ Rights

*Victims’ Rights Forms Menu Path: https://www.pccd.pa.gov/ > Victim Services > Forms and Apps > Law Enforcement Victims’ Rights Guide

10


• PA Commission on Crime and Delinquency (PCCD) Victim Services: https://www.pccd.pa.gov/Victim-Services/Pages/default.aspx

• PA Office of Victim Services (OVS): http://pcv.pccd.pa.gov/for-victims/Pages/default.aspx

• PA SAVIN/VINE: https://www.ova.pa.gov/Services/SAVIN/PASAVINandFAQs/Pages/default.aspx

• Office for Victims of Crime (OVC): https://ovc.ncjrs.gov/findvictimservices/

28

Victims’ RightsAdditional Resources


1. Honest and Cooperativeo First interviewo Get clarification

2. Silent, Know-Nothing, or Disinterestedo Initially write down his/her nameo Try to get this witness to open up

3. Reluctant or Suspiciouso Fear of LE and/or neighborhood retaliationo Continue to build rapport

29

Witness Types


4. Bashful or Timido Be sensitiveo Take your time

5. Hostile and Deceitfulo Deliberate attempts to lieo Examine the motives

6. Talkative or Boastfulo Very cooperativeo Be cautious

7. Under the Influenceo Freed of inhibitionso Typically truthful

30

Witness Types

11


Cognitive Interview

31

Victim and Witness Application

Trauma-Informed Victim Interview


• Provide proper emotional environment

• Understand the stages of crisis reaction1. Impact - an initial disorganization of the self2. Recoil - a period of struggle3. Reorganization - the eventual readjustment of

the self

32

Initial Experience


• Person’s state of mind will influenceoResponses/answersoAttention span

• May not get all info at the first interview

• Importance of follow-up interviews

33

Initial Experience

12


• Collection of memory jogging techniques

• Physical and psychological reconstruction

• First moments of police contact are the most critical to accurate memory

• Psychological First Aid

34

Cognitive Interview


• Avoid rapid succession and leading-type questions

• Ask open-ended questionsoFirst question should be – “Are you okay?”oReassure confidentiality

35

Cognitive Interview - Methodology


1. Report Everything

2. Reconstruct the Circumstances

3. Change Sequence

4. Change Perspectives

36

Cognitive Interview – Four Stages

13


• Every detail counts

• Include info from a prosecutor’s perspective

• Support info with facts

• Remain objective

37

Step 1 – Report Everything


• Mood, feelings, sounds, smells, weather, and lighting are all interconnected to memory recall.

• With interviewee reestablish the:oEnvironmentoMood oSetting oExperiences

38

Step 2 – Reconstruct the Circumstances


• Reverse order recall oAsk questions that begin with the time police

arrived at the scene and work backwardsoEach stage of the event is treated as a

separate componentoEncourages interviewees to stick with the facts

• Difficult to provide deceitful information

39

Step 3 – Change Sequence

14


• Interviewees will recall the event from their perspective, ask them to switch perspectives to someone else’s.

• For example:oGuide the victim to view the incident from the

suspect's positionoPrompt the witness to view the incident from

the victim’s perspective

40

Step 4 – Change Perspectives


• Appearance o Did the criminal

remind you of anyone?

• Nameso Familiar or go through

the alphabet?

• Numberso How many numbers

did you see?

• Speecho Sounds like someone

you know?

• Conversationso What was your

reaction to what was said? How did you feel?

• Smello Did you notice a

particular odor?

41

Additional Retrieval Questions


42

Cognitive Interview Video Example

15


What methods did the officers use?• Report Everything

• Reconstruct the Circumstances

• Reverse Order Recall

• Change Perspectives

• Ask Additional Retrieval Questions

43

Video Debrief


• Specific for victims

• Establish probable cause

• Typical role – gather info only and schedule delayed interview

oException: domestic violence situation

• Presence of victim’s advocate

44



Recognize victim perceives the crime as a crisis

45


Initial contact between victim and officer is crucial

16


Three Phases:

1. Set the Tone

2. Victim Response

3. Explain the Process

46

Trauma-Informed Victim Interview Methodology


• Safety and security

• Roles

• Develop rapport

• Purpose of the interview

• Share everything

47

Phase 1 - Set the Tone - Explain


Don’t Say:• “Calm down and

relax.”• “Don’t worry, it’s going

to be all right.”• “I understand.”

48

Phase 2 – Victim Response

LISTEN - Don’t Interrupt

Practice Patience

Do Say:• “I’m glad you’re talking

with me now.”• “I can’t imagine how

terrible this must have been.”

• “It wasn’t your fault.”

17


• Contact after the interview

• Criminal justice system

• Make no promises

49

Phase 3 – Explain the Process

Your interaction with a victim is “critically important and helps a victim become a survivor.” (Boardman)


50

Trauma-Informed Video Example


Practice Empathy

What else did the officers do?

51

Video Debrief

Set the Tone

Listened Explained the Process

Continued to show support/reassurance

18


• Ask the right questions

• Use tactics to uncover the truthoBehavior Symptom AnalysisoMirandized Interview

52

Suspect Application


When asked specific questions:• Compare verbal and nonverbal behaviors• Be observant• Match words and actions

53

Behavior Symptom Analysis


54

Evaluating the Narrative Form

“Tell me what you did that day…”RESPONSES BEFORE

THE EVENTDURING

THE EVENTAFTER

THE EVENT

TRUTHFUL Person Equal distribution of information.

Information is provided consistently throughout the narrative.

DECEPTIVEPerson

• More detail provided

• Less important in nature

• Fluff and filler

• More concise responses

• Fewer details• Vague phrases

describing passage of time - “After a period of time…”

• More detail provided

• Less important in nature

• Fluff and filler

19


• Collect info and build rapport – not a suspect yet

• Begin with basic questionsoAcclimation to the “questioning environment”

oEvaluate verbal and nonverbal behavior –baseline behaviors

55

Behavior Symptom Analysis


• Focus on visual and speech-related cues

• Compare behavior responses to basic questions with crime-specific questions

oExample: Interviewee starts with crossed arms, opens them as he/she is discussing basic background information, and then closes his/her arms again when the subject of the crime comes up.

56

Baseline Behaviors


• Acknowledge nervousness

• Evaluateo Interviewee’s

behavioral norm oPopulation’s

average responseoSituational context

57

Baseline Behaviors

20


• Behavior clusters provide validation

• Single behavior does not prove truth or deception

• Deceptive: hesitation, lack of eye contact, closed body posture, grooming gestures

• Truthful: spontaneous responses, good eye contact, open body posture, related fluid movements

58

Behavior Clusters


• Avoid personal bias

• Be aware of cultural and ethnic differences

• Understand attitudes about police

• Recognize that all behavior has meaning

59

Cautions with Evaluating Behavior


60

Behavior Symptom Analysis Example

21


What Behavior Symptom Analysis tactics did you observe the officers using with the suspect?

61

Video Debrief

Observed Baseline Behaviors and Behavior Clusters

Evaluated the Narrative


• Document any suspect statements

• Continue the conversation

• Provide general nature of the crime – avoid crimes code terminology

• Provide the seriousness of the crime committed

62

Approach Before Miranda


• Verbal

• Written form – preferred method

• Document any admission/confession

• Develop your own consistent process

63

Mirandized InterviewAdvisement of Rights

22


• Verbal or signed pre-printed Miranda form

• Document exact responses in your notes and report - avoid paraphrasing and subjective comments

64

Mirandized InterviewAcknowledgement of Rights


• Suspect waivers must be knowing, intelligent, and voluntary

o For example: Suspects under the influence are unable to waiver their rights, has to be voluntary –not coerced

• US Supreme Court ruled

o As long as Miranda is given and understood by the suspect, questioning may commence

o Suspect waives his/her rights when he/she speaks

65

Mirandized InterviewWaiver of Rights


• Interview MUST end when suspects specifically:oAsk for an attorney – Sixth AmendmentoSay they are done talking – Fifth Amendment

• Information obtained AFTER invocation of rights will be suppressed

• Document, document, document

• NEVER give legal advice

66

Mirandized InterviewInvocation of Rights

23


• Take the time

• Strengthens cases

• Practice builds confidence

• Never underestimate your role

67

Mirandized InterviewBegins with YOU!


68

Mirandized Video Example


What are some important take-aways from this video example of the Mirandized Interview?• Communicated the seriousness of the crime

• Provided verbal and written advisement of rights

• Suspect’s invocation of rights were not specific –kept the suspect talking

• No legal advice was given

• Interview ended when the suspect clearly invoked his rights

69

Video Debrief

24


70

“Important Piece of Equipment…”


• If it’s not documented, it didn’t happen

• Foundation of any successful investigation

• Protection against faulty technology & fuzzy memory

• Articulate exactly what took place

71

Importance of Notetaking


• Practice good communication skills –incorporate active listening tactics

• Demonstrate characteristics of an effective interviewer

• Application of:o Free Format Interviewo Cognitive Interviewo Trauma-Informed Victim Interviewo Behavior Symptom Analysiso Mirandized Interview

72

Summary

19-003 advanced interviewing techniques - pavtn.net · cognitive interview -methodology 19-003...

Documents