chapter 6 interviewing. introduction interview- questioning of those not suspected of being law...
TRANSCRIPT
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CHAPTER 6
INTERVIEWING
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INTRODUCTION
• INTERVIEW- Questioning of those not suspected of being law violators- victims, witnesses
• INTERROGATION- Questioning of a suspected law violator in view of getting a confession for the crime
• Sometimes victims or witnesses become suspects
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INTERVIEWS
• Patrol Officers may make preliminary interview- judgments; Investigator later
• Background of victim and witnesses
• “Face to Face” questioning- may be many
• Retellings- Story may change
• Conclusion- The closing attitude of the victim
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EMOTIONAL EFFECTS
• Victims may be questioned the same as witnesses- victims may need special attention
• Victims who have had direct contact- been attacked may be more affected
• Emotional and psychological
• May take longer to regain emotional composure
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DENIAL
• Experience extreme frustration- may cause anger, depression, or guilt
• Maybe their own actions contributed
• Victims may alter answers to relieve guilt
• Violent crime victims may be so fearful that they cannot give correct answers
• Personal danger- poor witnesses
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CRIME COSTS
• National Institute of Justice study shows costs of $105 billion dollars to victims.
• Victims’ compensation– Administered by District Attorney– Federal grant money through the State
Criminal Justice Coordinating Council
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WITNESS INTERVIEWS
• Essential to investigators
• Essential to the court process
• Eyewitness- most unreliable source of information
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WITNESS
• One who sees or knows by personal presence and perception– Three Requirements– 1. Conscious during the event– 2. Witness was physically present– 3. Psychologically and mentally aware
– CONSCIOUS, PRESENT, ATTENTIVE
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WITNESS PERCEPTIONS
• THROUGH FIVE SENSES• Sight and hearing- most important
• Defense will challenge witnesses abilities.• During interviews audio and video tape-
also take notes- Lock in statements.• Ask questions that don’t force witness to
make assumptions- Which hand held gun?
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COGNITIVE INTERVIEWING
• Uses interview techniques that aid witnesses and victims in retrieving and elaborating on information recalled from memory
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1ST STEP-4 STEP PROCESS
• RECONSTRUCT THE CIRCUMSTANCES
• 1. Reconstruct the circumstances
• 2. Focus on physical environment
• Furniture etc.
• 3. Think about the weather and lighting
• 4. Recall feelings and reactions
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2ND STEP
• ENCOURAGE THE SUBJECT TO REPORT ALL INFORMATION FREELY
• 1. Interviewee should do most of the talking
• 2. Don’t withold seemingly unimportant information
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3RD STEP
• Ask the subject to recall events in a different order than from start to finish
• May provide the correct memory ques
• Start with what impressed subject most
• Examine other events by moving
• backward and forward in time
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4TH STEP
• ENCOURAGE THE CHANGE OF PERSPECTIVES
• Recall from different perspectives
• Recall from the perspective of witnesses
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DISTRACTIONS
• Ask questions in simple terms
• Avoid police jargon
• Speak slowly
• Follow up on comments at the appropriate time
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FOLLOW UP
• Complete with a series of questions
• 1. Physical appearance- think of anyone?
• 2. Name recollection- Starts with which letter? How many syllables?
• 3. Recall numbers- High or low? How many digits? Any letters included?
• 4. Speech think of anyone?
• 5 Conversation-reactions, unusual words?
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SENSITIVITY TO FEAR
• Threats or apprehension of reprisals
• Very unusual but will be investigated
• Witness Protection
• NEVER tell anyone that they have no worry that you will be there to protect them. SPECIAL RELATIONSHIM
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SUSPECT INTERVIEWSINTERROGATIONS
• Individual is suspected of a crime
• Preparation by investigator
• Use a formal place at Police Headquarters
• Sparse room décor
• More tense and serious
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LEGAL REQUIREMENTS
• MIRANDA V. ARIZONA
• You have the right to remain silent.
• Everything you say can and will be used against you in a court of law.
• You have the right to have an attorney and to have him present during questioning.
• If you cannot afford an attorney one will be appointed to represent you.
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COURT DECISIONS
• ESCOBEDO- Murder suspect was denied having his attorney present, was found guilty, later overturned by the US Supreme Court.
• MIRANDA- Kidnapping and rape suspect- Established the warning necessary to be given to suspects prior to questioning.
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MIRANDA WARNIND
• When required?
• Before questioning
• You do not need to immediately read rights. Allow suspect(s) to voluntarily talk without your questions. They may talk to each other. Audio in patrol car recording.
• No expectation of privacy
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INFORMATION GATHERING
• Suspect interrogation trys to get a confession, but it is also to gather information that will be used to find evidence corroborating the confession.
• Continue to find out who, what, when, where, why, and how.
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ETHICS
• See suspect interview tactics Text P.114
• Tactics are unethical or illegal when they intimidate, coerce, or defeat the suspect’s will.– Threats Rewards
– 50% chance of getting a confession
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CRIMINAL BEHAVIOR
• Many suspects allow questions after warning.
• Suspects ego is main reason for interview and confession.
• KNOW HOW A CRIMINAL THINKS
• DON’T THINK LIKE A CRIMINAL
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NTERVIEW
• Start with an area not connected with criminal activity- small talk.
• Apprehension is at peak
• Suspect planning deception
• Investigator is at a critical point when the suspect knows that his answers may put him in prison.
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BEHAVIORAL CATEGORIES
• PERSONALITY TYPES
• 1. Normal personality
• 2. Psychopathic
• 3. Paranoid
• 4. Obsessive-compulsory
• 5. Psychotic
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PSYCHOLOGICALLY NORMAL
• First offenders who have adopted a criminal way of life.
• Have some degree of guilt
• May have respect or fear of authority
• Conditioning by authoritative parents
• Fear of reprisal by suspects, social disgrace, prison may exceed that fear.
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BODY LANGUAGE
• Tightly crossed arms, avoidance of eye contact, restless laborious breathing, pronunciation difficulties- indicate fear and deception
• Normal person is very nervous
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DEFENSE MECHANISMS
• Investigator should exploit these.
• RPMs
• Rationalize- offer reasonable explanations
• Projection- Attempt to shift blame
• Minimization- Reduce the severiority of the criminal activity
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HARDENING
• Natural guilt level will decrease with repetition
• Habitual offender may have partners
• Suspect may be angry if he is the only one in custody.
• Suspect may wish to share his misfortune of capture.
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PSYCHOPATH
• Sociopath or antisocial offender has abnormal emotional and psychological development.
Emotionally immature
Highly compulsive
Lacking in social responsibility
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PERSONALITY INDICATORS
• Rarely learn from past negative experiences- Police encounters are of no consequence
• Inability to experience guilt
• Considers himself as extremely clever
• Above average intelligence- waives right to silence
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CONFESSION
• Difficult to obtain confession
• Senses when investigators attempt to con
• Respond only to what can he get out of
• Several interviews because of suspect’s need for attention
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NARCISTIC SUSPECTS
• Have an exaggerated admiration of themselves
• May respond to flattery
• “I can see that you are intelligent”
• “I need your help understanding”
• Sometimes respond eagerly to flattery
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PERSONALITIES
• Commit crimes that reflect personality
• Commits offenses that depend on verbal persuasion or manipulation- frauds
• Violent crimes appeal to compulsive present oriented personality
• Suspect needs immediate gratification Rape linked to psychopaths
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PARANOIA
• Suspects with fixed delusions, resentful, bitter, think they are singled out and mistreated.
• Frustrates investigators
• Makes excuses
• World is against them
• Attempts to gain support for behavior
• Fearful belief of inferiority
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PARANOIA (Cont.)
• Because of unreasonable fears and suspicions may threaten others or complain of various conspiracies
• Disorder becomes more serious may explode into violence and harm family or others
• No cure- only treat symptoms
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OBSESSIVE COMPULSIVE
• Exhibits a tendency to focus or fixate on a thought, idea, or other person
• Act is done to relieve anxieties
• High degree of anxiety and guilt
• Needs to be in control
• Rigid and perfection oriented
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INTERVIEW
– Begin with indirect questions– OC offenders may go in great detail in non
pertinent areas– Common crimes
• Obscene phone calls, letters, minor thefts, stalking, sexually compulsive acts- exhibitionism, or rape
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PSYCHOTIC
• Grossly disturbed• Questioning is normally futile• Schizophrenics and other mental cases
are equally difficult to interview• Do not encourage or expand fantasies• Filter facts through what is said
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PSYCHOTIC (INSANE)
• Grossly disturbed individuals easily identified through incoherent rambling
• Generally not legally responsible
• Best treated by psychiatrists
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CRIMES
• Wide and eccentric types of crimes
• Disturbance calls by frightened citizens
• Disorganized criminal homicides
• Crimes that lack planning
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GENERAL SUSPECT QUESTIONING
• Avoid Yes or No questions• Ask open ended questions
– “What happened?”– “What did you do then?”
Even temper, professional tone- Losing temper allows suspect to get control
Rapid fire questions by multiple officers are usually ineffective
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INVESTIGATORS
• Usually one or two is best
• One questions, other takes notes
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OTHER POINTS
• Order of things stated
• Things said first are most important
• Suspect’s choice of words
• False supportive phrases- “actually”, “definitely”, “to tell the truth, “I swear shows a lack of confidence in what he is about to say--LYING
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SILENCE
• Good use of time
• Some are uncomfortable with silence
• Officer may not answer a question
• Increases anxiety
• Officer can break silence by saying, neutral statements, “You have not finished your statement?”, “Go on”?.
• It’s not what is said but how it is said.
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COERCION AND DURESS
• COERCION- Implies use of physical force
• DURESS- Implies mental compulsion
• “I’ll arrest your mother”; “I am the only one between you and lethal injection”
• Negates voluntariness- Motion to Suppress- make interview inadmissible
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PROMISES
• No officer has authority to grant immunity
• Can tell that suspects conduct has been beneficial
• District Attorney and Judge can make a deal- YOU CANNOT
• Inadmissible
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