2020 certificate in forensic investigation techniques, 1 ......“interrogation is the communication...
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12020 Certificate in Forensic Investigation Techniques,
Thursday 12 March 2020
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1. Basic Concepts: Interviewing, Interrogation and
extraction
2. Planning and preparing for Interviews and
Interrogations
3. Structure of an Interview
4. Discussion
5. Judicial restrictions
6. Variables involved2
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7. Person being interrogated
8. Characteristics of successful interviewers and
interrogators
9. General approaches
10.Specific Techniques
11.Resources used in Interviewing and Interrogation
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PART 1: Basic Concepts: Interviewing,
Interrogation & extraction
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INTERVIEWING: Prelude to an investigation
To determine what has taken place
To establish the truth
To provide all possible evidence to court
What have I got?
What do I need?
Where do I get it?
How do I get it?
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WHAT IS AN INTERVIEW?
Together with Interrogation and Extraction,
it forms part of the information gathering
process.
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DEFINITION:
“The process of communication between the
interviewer and the interviewed person, during
which the principles of freedom and privacy apply”
The interviewed person is a witness and therefore
not detained or the subject of legal prosecution.
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DEFINITION:
“Interrogation is the communication between the
interrogator and the interrogated person, who is
either a suspect or an uncooperative (hostile)
witness”
During interrogation the principle of upholding a
person’s Constitutional rights is upheld.
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DEFINITION:
“Extraction is the approach whereby a suspect
is forced by illegal means to divulge
information against his/her will.”
Extraction is always illegal if a person’s
individual rights are ignored.
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PART 2: PLANNING FOR INTERVIEWS &
INTERROGATION
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PREPARING THE CASE
Review the facts of the case.
- Consider ALL the evidence
- Anticipate explanations
- Have all the facts at hand
- Do not break concentration
- Do not allow subject to take over13
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Review background of the subject
- Study background of subject and witnesses
- Study will prevent lies & deception
- Know in advance attitude of subject
- Will assist timing & sequence of interviews
- Will assist in determining when best time is
for interview 14
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PREPARING THE CASE FILE
Proper use of case file will help in gaining full
information – gives impression that full investigation
has been done
File to contain all material necessary for the interview
Have documentary evidence available
NEVER leave file unattended or hand exhibits to
subject
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PREPARING THE APPROACH, TECHNIQUES
& QUESTIONS OF AN INTERROGATION
Conversation with subject to be planned in
line with ultimate goal
Plan conversation around structure
Consider the type of questions & sequence
Importance of wording is vital.16
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PART 3: STRUCTURE OF AN INTERVIEW
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Facts: Case
Interviewee’s Background
Statutes and Elements
Timing:
Location: Your Place
Interviewee’s Place
Neutral Territory
Plan: By Whom & How Many
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Name, Authority & Purpose
Proper Introduction Will set Tone for Entire
Interview
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Common Ground, Respect
Often an Extension of the Introduction
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Who, What, When, Where, Why & How
Open-ended followed by Listening
Cognitive Interview
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Ensures Mutual Understanding
Opportunity for Note Taking
Enhances Witness Recall
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Positive prompt: “What have I forgotten to
ask?”
Aggressive prompt: “What have you not told
me?”
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Should Create Positive Impression
Leaves Open the Possibility for Re-contact
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The Only Way to Learn from Your Mistakes
Critique Interviews from the Above Steps.
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PART 4: Discussion of Interviewing, Interrogation & extraction
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Informal discussion
Subject not suspected of a crime
Purpose is to obtain information the
interviewee has about the matter under
investigation
Interview may develop into an interrogation
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Formal conversation between the investigator and
a suspect/defendant or an unwilling/hostile
witness.
To establish the truth about the matter being
investigated
Also refers to the formal questioning of a person to
obtain a full and accurate disclosure of facts
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Even if interrogated person cooperates there
are rules to follow
If interrogated person resists, legal means
should be used to convince him/her to
cooperate
Creativity should be used by the interrogator
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Legal means to force cooperation:
Criminal Matters:
- Section 205 of the Criminal Procedure Act
1977 (Act 51 of 1977
Civil Matters: ?
Disciplinary Matters: ?
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DISADVANTAGES:
Mentally and physically tiring
Time-consuming
Interrogation may last several hours
Legal prescriptions – Rights of the individual
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Illegally infringing the psychological privacy of a person
Forcing person to reveal information
Always illegal
Example:
- Assault/violence
- Threat of assault/violence
- Extremely lengthy interrogation
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PART 5: JUDICIAL RESTRICTIONS
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POTENTIAL WITNESSES
Investigations by the SA Police:
Cooperating Witnesses
Sec.26 and 41 of the Criminal Procedure Act
1977.
Uncooperative Witnesses:
Sec.205 of the Criminal Procedure Act
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QUESTIONING SUSPECTS, ARRESTED AND
ACCUSED PERSONS:
Investigations done by the SA Police:
- SA Police Policy
- Constitutional Rights
- Judges’ Rules
Rights of such persons to be explained
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CONSTITUTION AND THE JUDGES’ RULES:
Courts may exclude evidence obtained in
improper or unconstitutional manner
Constitutional rights are not absolute
Judges’ Rules are guidelines for Police
Ensure that rights are explained to a person
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ADMISSIONS AND CONFESSIONS:
Right not to incriminate oneself
Right to remain silent
RIGHT TO ASSISTANCE:
All suspects have the right to legal assistance
Right may be waived
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HEARSAY EVIDENCE
It is information that comes to the notice of the
investigator through a third party.
Although it may not be admissible as evidence,
it should not be excluded from the statement
All information to be contained in the
statement
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PART 6: variables involved
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THE CRIME:
What is being investigated – What have I got?
Stick to the facts of the matter in hand
THE SUSPECT/DEFENDANT
Take personality into consideration
Differences determine technique
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THE INTERVIEWER/INTERROGATOR
Adaptable to circumstances
Behaviour to be sensitive to context
THE APPROACHES & TECHNIQUES
Number of broad approaches
Use one suitable for situation
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INTERROGATION ROOM AND RESOURCES
USED:
Create right atmosphere
Choose venue conducive to cooperation
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PART 7: types of interviewees
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INCIDENTAL CRIMINAL:
Person who became involved negligently
Usually a person who wants to cooperate
Person had no intention to commit an
offence
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PSYCHOPATH:
Antisocial Personality Disorder (ASPD) - Diverse
motivations for engaging in criminal behaviour
Psychopaths – Total lack of empathy
ASPD likely to respond to rehabilitation while
true psychopaths not
Catch a psychopath out on continuous lies
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PROFESSIONAL CRIMINAL:
Commits crime for a living
May also be a psychopath
Great challenge to interrogator
Investigate thoroughly & confront
No regrets (only being arrested)
Will only cooperate for own benefit51
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WHITE-COLLAR CRIMINAL:
Social status type commits economic crimes
Sophisticated person
Well educated
Knows Laws, Rules, Regulations & rights
Investigator to know facts & choose most suitable
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SOCIO-ECONOMIC CRIMINALS:
Turns to crime for survival
May become hardened criminal
If arrested/confronted early, may cooperate
easier
Use of emotional approach successful
Very challenging subject with little success
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PART 8: the investigator / interviewer
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SUITABLE QUALIFICATIONS AND TRAINING:
Highly qualified & well trained
Good knowledge of the law
Command respect
Personality
Professional appearance
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LANGUAGE PROFICIENCY:
Fluency in language
Understand meaning of words
ACTING ABILITY
Good actor – able to think on feet
Adaptable and convincing
Be sincere – don’t get caught out
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WELL-GROOMED
Posture, Physical appearance and tone of voice
Exude professionalism
EMPATHY & SYMPATHY
Sympathetic ear and understanding
Win trust by listening attentively58
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INTEGRITY:
Moral depth, honesty & sincerity
Assure person of just, impartial treatment.
SELF-CONTROL:
Control temper
Accept setbacks & keep to moral limits
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TAKE CHARGE:
Forceful, self-assured personality
Steer interrogation in direction
Do not be distracted or disrupted
Do not abuse power
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IMPARTIALITY:
Primary concern to discover truth
Achieved only by thoroughness
Unbiased
Approach each witness without prejudice
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PART 9: general approaches
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OBTAIN ALL NECESSARY INFORMATION:
This is the basis – What have I got?
What do I need?
Where do I get it?
How do I get it?
Suspect interrogated last 64
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KEEP PURPOSE IN MIND:
Purpose of interview determined first
Main aim is to get the truth
Obtain information
Structure questions to achieve goal
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SELECT APPROPRIATE STRUCTURE:
Structured or unstructured approach
- Structured is where questions are asked. It is
planned beforehand. Danger of closed answers (Yes,
No)
- Unstructured is where the subject is allowed to
speak without interruption and then ask questions
later – TED Principle applied (Tell, Explain, Describe)
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SEQUENCE QUESTIONS EFFECTIVELY:
Do not confuse the witness by irrelevant
interruptions
Ask follow-up questions immediately after
the original statement, or
Leave questions until the witness has
finished his/her story67
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ASK OPEN-ENDED QUESTIONS:
TED Principle applies
DO NOT RELY ON NON-VERBAL INDICATORS OF
DECEPTION
Non-verbal is how the spoken word is presented
Deception is very difficult to detect
Wrong assumptions can be made68
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DIRECT APPROACH:
Direct confrontation
Ask positive and direct questions
Interrogator to be calm and self-assured
Applied during structured interviews
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INDIRECT APPROACH:
TED PRINCIPLE applied
Applied during unstructured interviews
EMOTIONAL APPROACH:
Play on subject’s feelings
Questions designed to arouse emotions
Capitalize on this situation71
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ESCAPE APPROACH:
Trickery and bluffing used
Should be used when subject’s
involvement is certain
If bluffing fails, interrogation is futile
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PART 10: specific techniques
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COGNITIVE INTERVIEW TECHNIQUE:
Re-instate the context – Witness to recreate the
incident.
Report everything – Witness to tell everything
they can remember repeatedly
Recount incident in different ways – Front to
back, back to front or what impressed witness
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Concentrate on retrieval – Witness must
concentrate on retrieving memory by:
- Making witness comfortable
- No distractions
- Focus on mental images
- Not rushed or interrupted76
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ULTIMATE OBJECTIVE TECHNIQUE:
Only objective is to get truth
Requires patience and calmness to repeat
same question over and over
It underlines seriousness of the case
Witness realises that interrogator will not be
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FORMAL PROFESSIONAL TECHNIQUE:
Trust is basis of this technique
Appearance and behaviour of the interrogator
Professionalism should be the basis of the
approach
Create atmosphere of trust
Competent use of technical aids78
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QUIET AND BUSINESS-LIKE TECHNIQUE:
Self-assured and calm attitude
Very effective with nervous persons as well as
to calm aggressive and hostile subjects
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PERSONAL ACCEPTANCE TECHNIQUE:
Avoid authoritative attitude
Adopt sympathetic and understanding attitude
Show the subject that he/she is accepted as a
person
Suppress own feelings
Although crime is inhuman, subject is not80
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FREE NARRATIVE TECHNIQUE:
Subject to tell version without interruptions
Valuable & effective when full details are
known
Will also test credibility of others
Subject to repeat version several times – lies
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TECHNIQUE BASED ON FEELINGS OF GUILT:
Play on subject’s feelings – shock &
disappointment of friends & loved ones
Effective on emotional persons, first-time
offenders and those who committed the crime
on the spur of the moment
Give subject opportunity to clear conscience 82
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CONSCIENCE TECHNIQUE:
Based on fact that most people have
perceptions on what is “right” and “wrong”
Act according to conscience
Encourage a choice between good and bad
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MOTIVE TECHNIQUE:
Concentrates on subject’s motive
Play on subject’s feelings & place him/her
under emotional pressure to tell truth
Interrogator must be thoroughly prepared &
familiar with subject’s background
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PESSIMISTIC TECHNIQUE:
Present gloomy picture if subject does not
cooperate
Make subject fearful of future if he/she does
not cooperate
Present possibilities like Sec. 5(2)(c) and other
nasty consequences85
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PLAY-OFF TECHNIQUE:
Play one subject off against another by saying
that other suspect has confessed and blamed
him/her
Works well with young and inexperienced
subjects
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PART 11: resources used
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INTERROGATION ROOM:
Type of interrogation will determine the venue
- Witnesses at scene
- Subjects in private place
Subject’s home is best but interference makes
it unrealistic
Designated private office89
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Interrogation room requirements
- Must be private.
- Must be secure. Subject to be searched. No
chance of escape, assault or suicide
- No telephone. Applies both to land-lines
and cellular telephones
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TEAM WORKERS IN INTERROGATION:
Team work is key to success
Approach & insight of others
Team will ensure investigation is at an
advanced stage, making interrogation easier
Assistance when & if required
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INTERPRETERS:
Use interpreter when parties don’t share same first
language
Avoid chance of misunderstanding
Must have full command of the language
Must not be a friend or relative
Must be of same gender
Brief interpreter fully beforehand
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No unnecessary conversation between subject &
interpreter
Interpreter must mimic the interrogator
Interpreter to convey exactly what was asked –
not own version
Interviewer to be in control of situation – get
opinion of interpreter
Interpreter must not take over role 93
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MECHANICAL RESOURCES
Tape-recorders: Permanent & complete record of
session. Proof of what was said & no coercion
Video recorders: Great value to show what
happened. Disputes allegation of extraction.
Lie detection devices: Purely an indication. Voice
Stress Analysis. Psychological effect.
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THE END
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