stan b. walters, csp - interview and interrogation ... · best selling textbook principles of...

Stan B. Walters, CSP (Certified Speaking Professional)

“The Lie Guy®”

Stan B. Walters runs the company Truth & Deception, Inc. He works with agencies and organizations that want to educate their people how to conduct professional integrity interviews and uncover the real story. He is author of the best selling textbook Principles of Kinesic Interview and Interrogation. This text now in its 2nd edition has gained popularity worldwide as a college level text as well as police and criminal justice training academies in courses on interview and interrogation. He is also the author of numerous training materials, audiotapes and pocket guides on Practical Kinesic Interview & Interrogation®. His most recent published work The Truth about Lying: How to Spot a Lie and Protect Yourself from Deception published by Sourcebooks now in its third printing and has been translated in 7 foreign languages. He has served as Subject Matter Expert on Interview & Interrogation to Johns Hopkins University in the development of the Mike Simman Interview training CD. He is a Research Consultant in a major interview behavior research project recently conducted at John Jay College with the N.Y.P.D., New York City District Attorneys’ office and the US Department of State. Results of that study were presented at the American Psychological Association Conventions in Washington, DC in 2000 and 2002. He has also published in scientific journals. Stan has done and continues to actively study and research interview and interrogation behaviors, strategies and techniques including hundreds of prison interviews conducted in 27 prisons in 16 states and one foreign country. His work has received critical acclaim in both the academic and criminal justice communities. Stan conducts forensic interviews and frequently serves as a

consultant to prosecutors, attorneys, criminal justice agencies and private corporations in criminal and civil investigations. He is an adjunct instructor at Eastern Kentucky University, University of Missouri – Law Enforcement Training Institute and for the Department of Defense - National Academy for Credibility Assessment. He has taught state police, local and municipal law enforcement and fire academies in over 45 states as well as numerous intelligence agencies such as the N.S.A., US Immigration and Citizenship Enforcement, US Customs & Border Protection, US Army intelligence, US Army Groups Special Forces, US Navy E.O.D. Teams, Air Force O.S.I. and the US Air Force S.E.R.E. School, Environmental Protection Agency, Drug Enforcement Administration, the Texas Rangers, Bureau of Alcohol Tobacco and Firearms, US Treasury, US Postal Inspectors, US Probation, US Attorney's Offices and the Federal Law Enforcement Training Centers and numerous other educational, insurance, investment companies, professional associations, and criminal justice training organizations in the United States, Canada, Germany, Singapore, Australia, Netherlands, New Zealand, and United Arab Emirates. His corporate clients include WalMart, Ohio Casualty, Principal Financial Group, State Farm, Allegent Health, Retail Industry Leadership Association, World Game Protection Conference. He is an associate member of the American Polygraph Association and the International Association of Homicide Investigators, ad member of the International Law Enforcement Educators & Trainers Association. He is a Professional Member of the National Speakers Association and has earned the prestigious designation of Certified Speaking Professional. He has appeared numerous times on ABC, CBS, NBC, Fox, and CNN. He has been profiled on National Geographic and was technical advisor and host of the National Geographic – Science of Interrogation and aired worldwide.

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Table of Contents INTRODUCTION ................................................................................ 3 CHAPTER # 1: The Basic Principles.............................................. 5 Practical Kinesic Principles ............................................................................................................5 The 8 "C's" .......................................................................................................................................................... 6 CONSISTENT ..................................................................................................................................................... 6 CLUSTERS........................................................................................................................................................... 6 CONSTANT ......................................................................................................................................................... 6 CHANGE............................................................................................................................................................... 7 CONTRADICTIONS.......................................................................................................................................... 7 CONTAMINATION........................................................................................................................................... 7 Pre-‐CONCEPTIONS ......................................................................................................................................... 8 CROSS-‐CHECK................................................................................................................................................... 8

CHAPTER # 2: Response Behaviors ........................................... 10 Stress Response Behaviors ......................................................................................................... 10 Anger: ............................................................................................................................................................... 11 Examples: ..................................................................................................................................................................... 11 Interviewer's Response ......................................................................................................................................... 12

Depression: ................................................................................................................................................... 12 Examples: ..................................................................................................................................................................... 12 Interviewer's Response -‐....................................................................................................................................... 13

Denial: .............................................................................................................................................................. 13 Examples: ..................................................................................................................................................................... 14 Interviewer's Response ......................................................................................................................................... 14

Bargaining: .................................................................................................................................................... 15 Examples –................................................................................................................................................................... 15 Interviewer's Response ......................................................................................................................................... 15

Acceptance: ................................................................................................................................................... 16 Examples: (Also see Chapter #7)....................................................................................................................... 16 Interviewer's Response-‐........................................................................................................................................ 17

CHAPTER # 3: The Narrative-based Interview............................. 18 Four Elements of a Successful Interview / Interrogation................................................. 18 Orientation .................................................................................................................................................... 19 Narration-‐ ...................................................................................................................................................... 19 Cross-‐Examination.................................................................................................................................... 19 Resolution (Corroboration) ................................................................................................................ 20

CHAPTER # 4: Verbal Behaviors................................................... 21 Analysis of Verbal Cues: ............................................................................................................... 21 VOICE QUALITY -‐.......................................................................................................................................... 21 LINE OF THOUGHT – .................................................................................................................................. 22

Practical Kinesic Interview & Interrogation®:

A Basic Guide

©2013 by Stan B. Walters All Rights Reserved For Individual Use Only.

Not licensed for public presentation or multiple reproduction. www.TheLieGuy.com

Page 2

CHAPTER # 5: Non-Verbal Behaviors .......................................... 24 Non-‐Verbal Cues – Body Language ............................................................................................ 24 NEGATION....................................................................................................................................................... 25 AVERSION -‐ ..................................................................................................................................................... 26 MYTHS: ............................................................................................................................................................. 27

CHAPTER # 6: Ethical Interrogation Methods ............................. 28 EMOTION DOMINANT -‐ "The Feeler".................................................................................................. 29 LOGIC DOMINANT -‐ "Inactive" Personality ...................................................................................... 29 SENSORY DOMINANT -‐ "Active" Personality................................................................................... 30 EGO DOMINANT -‐ "Unique" Personality ............................................................................................ 30

CHAPTER # 7: Submission Behaviors ......................................... 32 SUBMISSION SIGNALS: .................................................................................................................. 32 VERBAL CUES: ............................................................................................................................................... 33 Punishment Statements......................................................................................................................................... 33 Third Person Statement......................................................................................................................................... 33 Debt Service ................................................................................................................................................................ 33

NONVERBAL CUES ...................................................................................................................................... 34


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INTRODUCTION

As part of your registration for your class in Practical Kinesic

Interview & Interrogation®, I am sending you my ebook Practical

Kinesic Interview & Interrogation®: Basic Guide. This ebook will help

you cement the class information into your newly developed interview

& interrogation techniques and help you improve your interview room

skills even more than you can imagine.

You can use this Basic Guide in one of two forms:

1. Keep the file in the Adobe pdf format for on-line reading. The

Table of Contents is actually hyperlinks to each chapter of the

Basic Guide. Also you can follow all hyperlinks to locations on

the web.

2. You can print the handout for your own use. If you print the

handout or duplicate the handout, it MUST show all copyright


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protections and author information. The author MUST receive

credit if the material is used for any other purpose.

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CHAPTER # 1: The Basic Principles

Practical Kinesic Principles Remember that our “Practical Kinesic Principles” were our knowledge

base on which we will rely to insure that we are making an accurate

analysis of the accuracy and completeness of our subject's

statements. Individuals will withhold information many reasons

including fear, embarrassment and more as well as deception.

"No single behavior proves

that a person is being truthful or deceptive"

There is no one universal signal in any form

that proves a person is being truthful or deceptive.


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The 8 "C's"

CONSISTENT

Do you CONSISTENTLY keep getting a strong reaction to only

a few specific topics or target areas? It is these areas that

CONSISTENTLY create significant emotional or mental stress

for your subject and need your attention with follow-up inquiries.

CLUSTERS

We can only accurately diagnose whether a subject is being

truthful or deceptive based on a CLUSTER of symptoms. Two

or more deception signals per sentence or response would

create an accurate analysis of deception by your subject.

CONSTANT

Before we can identify significant behaviors exhibited by our

subject, we must have first established their baseline or

CONSTANT of behavior.


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CHANGE

Exhibitions of CHANGE from the CONSTANT of your subject

behavior indicates a change in your subject's stress level. Not

all CHANGES are signs of deception.

CONTRADICTIONS

Conflicts between verbal - verbal, verbal - nonverbal, and non-

verbal - nonverbal signals indicates a conflict in your subject's

mental & emotional message and therefore a greater chance of

deception when seen in CLUSTERS.

CONTAMINATION

The subject is watching and reacting to our behaviors as we are

watching and analyzing theirs. Are you engaging in any

behaviors that are CONTAMINIATING your subject's behaviors

that you are diagnosing as significant to their honesty?


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Pre-CONCEPTIONS

Are you allowing yourself to be blinded by pre-CONCEPTIONS

causing you to prejudge your subject and their honesty?

CROSS-CHECK

Double-check your analysis with these five important questions:

o Did I find my subject's CONSTANT?

o Can I name the TIMELY, CONSISTENT behaviors that I saw

in CLUSTERS?

o Did I have any pre-CONCEPTIONS?

o Am I believing the liars lie?

o Is this an innocent person who is fearful of not being

believed?


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CHAPTER # 2: Response Behaviors

To be effective as an interviewer, we must recognize that our

subjects may be experiencing significant stress or will undergo stress

changes as we proceed with the interview and our attempts to

recover and gain information.

Individuals react to events around them on two levels – emotional

and cognitive.

Stress Response Behaviors

Under stress, your subjects may respond with 5 general behaviors

Anger, Depression, Denial, Bargaining, and Acceptance.


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Anger:

Characteristics -

• Used to gain and / or maintain control.

• Dominated by emotion.

• Poor listening behavior.

• Least likely to compromise.

• NOT a sign of deception – absence NOR presence.

Examples:

• General complaining about the nuisance of dealing with the

case.

• Attacks case facts – accuracy, reliability, lab, etc.

• Attacks minor details – times, dates, descriptions, amounts,

numbers.

• Creates false issues – previous contacts, never been a problem

before, etc.

• Attacks / blames victims or witnesses.

• Attacks interviewer or agency.


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Interviewer's Response

• Defuse the anger.

• Find & establish points of agreement.

• Avoid be pulled into an anger vortex.

• Break down problem into smaller, manageable issues.

Depression:

Characteristics

• Isolation or retreat from reality.

• Reactive behavior – NOT the emotional disorder.

• Self-absorbed in pain.

• Poorly censored speech.

• Not to be misinterpreted as Acceptance.

• NOT an indicator of deception.

Examples:

• Talks about feeling depressed.

• Discusses mental issues, mistakes, etc.

• Brings physical problems associated with their depression.


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• May make suicidal comments.

• Self-critical remarks.

• Mentions problems with sleeping.

• Mentions personal problems with friends, family, job, etc.

Interviewer's Response -

• Acknowledge the depression.

• Ask the subject for details about how they have been dealing

with the issue emotionally.

• Wait the subject out.

• Listen for verbal openings that “leak” important issues.

Denial:

Characteristics

• Rejection of reality.

• Best chance for deception to occur here.

• It is NOT just saying “No.” It is arguing alternate logic to dismiss

proof. Subject is trying to persuade you.

• Attempting to convince others of their deception.

• Only at ease when others appear to buy their deception.


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Examples:

• Memory lapses

• Trust me, Believe me, Why would I lie, To be truthful, etc.

• Most of the time, essentially, hardly ever, but, however.

• Why would I …

• All of a sudden, The next thing I knew, Before too long

• Pronoun shifts to depersonalize.

• Verb usage suddenly used incorrectly.

• Omission lying (Leaves out or avoids very specific details

OR only responds in very narrow terms.


• Reinforce your position with reality-based information.

• Avoid being diverted.

• Use personality type-based comments to disable deception.


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Bargaining:

Characteristics

• Disguise of reality, but NOT deception. Just evasion.

• The most common response people will use.

• Minimizing the act.

• Re-characterizing their image & responsibility.

Examples –

• Complaining to get sympathy – illnesses, medications, etc.

• Using religious remarks to indicate moral character.

• Personal statements about their moral beliefs.

• Minimizing crime or their actions.

• Name dropping to establish connections. (Not to threaten)

• Extreme politeness.


• Use the subject's language, & terms in your speech.

• Use their language, terms & definitions against them.


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Acceptance:

Characteristics:

• Acknowledgement of reality.

• Prepared to disclose.

• Compliant with interviewer's goals.

• Submissive emotionally.

Examples: (Also see Chapter #7) • How many years does this bring?

• Is my (fill in a name) gonna find out?

• Could I lose my job, kids, car, house, raise, guns, hunting or

fishing gear…?

• Will this affect my probation?

• Is this going to be in the paper?

• How many counts will there be?

• Could I pay it back?

• Can I just apologize?

• I’ll pay for the damage.

• I didn’t do it but I’ll tell you I did it just to get this over.


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Interviewer's Response-

• Stop talking & start listening.

• Show acceptance in your reactions.

• Give the subject a way out.

• Help them preserve some self-esteem.


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CHAPTER # 3: The Narrative-based Interview

Four Elements of a Successful Interview / Interrogation

The most successful interview and interrogation format is a four-part

approach.

• Orientation

• Narration

• Cross-Examination

• Resolution

The Narrative-based interview recovers a minimum of 60% more

information than a confrontational or accusatory style of interview. It

also least likely to contaminate a subject’s statement and the least

likely to create a false confession.

Each segment the interviewer has a specific set of goals.


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Orientation

• Establish your subject's CONSTANT of behavior.

• Engage the subject in dialogue.

Narration-

• Elicit an un-interrupted complete statement from the subject.

Use open-ended questions. Don’t interrupt the subject.

“Tell” – “Show” – “Explain” – “Describe”

• Make a fair, unbiased assessment of the accuracy of the

statement.

• Watch for CONSISTENT CHANGES at specific issues

• Look for CONTRADICTION symptoms

• Analyze credibility based CLUSTERS

Cross-Examination

• Follow up on incomplete answers.

• Target CONTRADICTION behavior points.

• Target CLUSTERS suggesting deception.


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Resolution (Corroboration)

• Recognize & respond to Acceptance behaviors.

• Allow the subject to confirm their actions.

• Confirmation & documentation of case elements.

• Solicit a legal admission or confession.

You've got to get good NARRATION if you are going to make a good

CROSS-EXAMINATION and ultimately RESOLUTION.

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CHAPTER # 4: Verbal Behaviors

Analysis of Verbal Cues:

VOICE QUALITY -

Changes in voice quality are NOT a sign of deception.

==> Pitch Changes:

*Up - Most consistent with frustration, anger & excitement

*Down - Most consistent with isolation, depression.

==> Volume Changes:

*Louder - Most consistent with excitement, anger.

*Softer - Most consistent with depression, disinterest.


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==> Rate of Speech:

*Faster - Most consistent with fear, excitement.

Previously developed line of thought.

*Slower - Most consistent with sadness and disinterest.

More cautious, thoughtful response.

LINE OF THOUGHT –

==> Speech Dysfunction:

Sign of increased stress

NOT a sign of deception

Examples include:

Ah, err, um & uh, stuttering, stammering, laughing, and

pausing.

==> Cognitive Dissonance:

Result of confused line of thought or "brain noise"

*High probability of deception.

Examples include:

Slurring, repetition of thought, incomplete sentences, halting

speech, clipping words, omission of words, sentence editing.


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CHAPTER # 5: Non-Verbal Behaviors

Non-Verbal Cues – Body Language

Errors in the analysis of spotting deception are most frequently made

when diagnosing body language. There is a VERY high rate of error

in spotting deception by watching body language – at minimum the

error rate is 40%. There are certainly a lot of body language

responses that your subject can generate during their conversations

with the interviewer. The largest portions of those nonverbal cues are

associated with the changing levels of stress that our subject may be

experiencing, however we must remember, a sign of stress does not

always equate with deception. Most of the cues associated with body

language deception are based on myth, folklore or unsubstantiated

and even scientifically refuted observations.


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The two most common and frequently observed body language signs

of deception fall into two categories:

“Negation” and “Aversion.”

REMEMBER: "Sometimes a scratch is just a scratch." These

behaviors do NOT indicate deception 100% of the time. When they

happen it’s a little more likely someone is being deceptive.

NEGATION

Watch for any covering, blocking, or obstructing of the eyes, nose,

mouth & ears and too-long head shaking protests. (Remember: High

error rate!)

• Eyes - covering or blocking the eyes with hands or objects.

• Nose - extremely stress sensitive area. Watch for pinching,

pulling, scratching, rubbing, pulling, and even picking of the

nose. (If it is allergy season then all bets are off. Don't forget to

establish you baseline first!) Sigmund Freud documented these

same behaviors over 100 years ago.

• Mouth - Look for obstructions of the mouth. The most common

includes covering the mouth with the hands. It may also include

putting all kinds of objects in the mouth (fingers, pens, pencils,


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suckers, cigarettes, mustaches, ear pieces to eyeglasses, etc).

There may be chewing on the lips, pursing of the lips, or even

chewing or biting of the tongue.

Remember the behaviors must be TIMELY and part of a CLUSTER.

• Ears - Subjects make rub, pull, cover or digging in the ears as

part of your deception cluster.

AVERSION -

Any major or aggressive movement of the body away from the

interviewer. (Don't forget TIMELINESS & CLUSTERS!) Think of

Aversion behavior is a “dislike” reaction.

• Head - The head may turn away from the interviewer.

• Torso - Watch for the torso to twist or turn away. It may also

lean back or away.

• Shoulders - Twisting or turning away from the interviewer.


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MYTHS:

• Breaks in eye contact are NOT a sign of deception.

• Eye tracking or eye movement right or left is NOT a sign

deception. (Overwhelmingly disproved in numerous

empirical studies.)

• Extensive fidgeting or squirming is NOT a sign of deception.

• Sweating is NOT a sign of deception.

• Arm crossing is NOT a sign of deception.

• Leg crossing is NOT a sign of deception.

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CHAPTER # 6: Ethical Interrogation Methods

The Tactical Interrogation Phase is based on three primary elements:

* The subject's personality type.

* The subject's behavior responses.

* Their unique thinking process.

Denial, Bargaining and Acceptance. Chapter # 2 for a refresher on

those behaviors and your most effective response.

To incorporate the subject's personality type, thinking process and

interrogation strategy we used an easy to remember three-step

system -

P.A.S. You'll remember that PAS stands for "PROBLEM",

"AGITATION" and "SOLUTION."


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Here's how we going to employ P.A.S. with each personality type:

EMOTION DOMINANT - "The Feeler"

• Problem - Present the problem one small piece at a time (Like a

jigsaw puzzle) and let it "develop" or "gel" in their mind.

• Agitation - Agitate this subject emotionally. Highlight issues

such as fear, disappointment, confusion, upset, angry, etc.

• Solution - Their best option is avoiding being victimized by the

system and bad intentions of others. They need to feel some

sense of control over what may eventually happen. These

subjects are looking for stability.

LOGIC DOMINANT - "Inactive" Personality

• Problem - Present the problem in the form of a long

mathematical equation that links them to the case or issue.

• Agitation - This person is agitated when they are entrapped by

the "logical" connections that link them to the case. Emphasize

each small specific link.

Remember - It's not the “evidence,” it's the logical argument.


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• Solution - Their best option is to acknowledge the logical proof

and make the obvious correct decision.

SENSORY DOMINANT - "Active" Personality

• Problem - Present your argument is a pragmatic, tangible form.

They respond better to realities.

• Agitation - They are agitated when they are unable to get you to

dismiss or disregard realities. Stand your ground. Your subject

will not like the loss of "control."

• Solution - They best option is how to deal with this problem and

get it behind them. This is a nuisance right now but they'll

survive and get past it so they can get back into "control."

EGO DOMINANT - "Unique" Personality

• Problem - Present the fact that they are part of the issue or

case and that everyone else sees them as being connected.

• Agitation - Keep them agitated by focusing on issues that make

it look like they are involved. You need them to "explain" to

everyone what it all really means, their interpretation and the

real explanation. They like to blame everyone else!

• Solution - You are not working to get them to confess. You only

have a 10% or less chance of a confession. You want


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everyone around them to see how they have been used,

mislead and victimized by the subject. Feed their ego and

paranoid depression.

Why are people victims deception? What are the lie signs?

To find out get

The Truth About Lying:

How to Spot a Lie & Protect Yourself from Deception.



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CHAPTER # 7: Submission Behaviors

SUBMISSION SIGNALS:

We may get very good at spotting deception in our subject's

behaviors. We can get pretty good at making the appropriate

reaction to each of their stress responses and employing our P.A.S.

interrogation formula. What is of extreme importance is recognizing

when the subject is ready to acknowledge reality -

ACCEPTANCE. When we have done our job of successfully

“unraveling” or “disrupting” our subject's deception logic, he or she

will move to ACCEPTANCE. There are some common verbal and

non-verbal cues that will tell us that our subject has arrived at that

moment of compliance and disclosure.


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VERBAL CUES:

Punishment Statements

• “What could happen to somebody who did something like this?”

• “How many years does this bring?”

• “Will I go to jail tonight?”

• “Could lose my job?”

• “Could I go to therapy?”

• “Will my wife (boss, father, mother, coach, husband, the

newspaper, etc) hear about this?”

Third Person Statement • “I didn't do it but I'll tell you I did just to get this over with.”

• “Do you want me to confess to something I didn't do?”

• “I'll tell you I did it just to make you happy.”

Debt Service

• “I didn't do it but I'll pay it back.”

• “What if I apologized?”

• “I'll pay for the damage.”

• “I'll be glad to pay the medical bills.”


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NONVERBAL CUES

• Rubbing the point of the chin.

• "Spirit release."

• Supplication (Palms turning upward & outward toward

interviewer)

• Body Flowers Open

• Body Cascade (Head forward and down, shoulders roll forward)

• Rubbing the lips together slowly, as if searching for the right

words.

• Overall submission posture

REMEMBER:

Your response:

• Stop talking

• Start listening

• Show acceptance in your reaction

• Lower your voice & energy level

• Give them a way out. They are trying to preserve their self-

esteem.


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