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Law Enforcement II Interview and Interrogation. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used.

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Presentation on theme: "Law Enforcement II Interview and Interrogation. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used."— Presentation transcript:

1 Law Enforcement II Interview and Interrogation

2 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have. TEA CopyrightsTEA Copyrights

3 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Legal Requirements for an Interview  Miranda v. Arizona  Miranda was arrested at his home and taken to a police station for questioning in connection with a kidnapping and a rape  He was 23 years old, poor and completed only half of the ninth grade  Officers interrogated him for two hours, resulting in a written confession  Miranda was convicted of kidnapping and rape  The issue was this, must police inform a person subjected to custodial interrogation of his/her constitutional rights involving self-incrimination and the right to counsel prior to questioning

4 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Legal Requirements for an Interview (continued)  The Supreme Court’s decision  Was based on the 5 th and 6 th amendment requirements  Stated that evidence obtained by the police during custodial interrogation cannot be used in court unless the subject was informed of the Miranda rights prior to interrogation

5 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Miranda Warning (rights)  The right to remain silent  Any statement made may be used in a court of law  The right to have an attorney present during the questioning  If the subject cannot afford an attorney, one will be –appointed for him or her prior to questioning  The right to terminate the interview at anytime Legal Requirements for an Interview (continued)

6 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Types of People to Interview  Victims and witnesses  Determine if an offense has occurred  Select the correct offense title  Identify the suspect as fully as possible  Obtain any information that might be pertinent to a follow-up investigation  Witnesses (the same criteria as victims)  Suspects – to gather information for the interrogation

7 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Strategies for Interview and Interrogation  Know what information you have and what information you need to obtain from the suspect  Establish rapport by asking questions unrelated to the case  Keep the subject talking and allow him or her to tell his or her own story  Direct questions toward establishing the validity of witness/suspect statements  Direct questions toward establishing the facts of the incident

8 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Strategies for Interview and Interrogation (continued)  Confront suspects with any discrepancies with known facts  Avoid closed (yes or no) questions – instead have subjects explain their answers  Avoid rapid fire questions to allow the subject time to answer  Avoid leading or suggestive questions  Control your emotions, be patient, or pass the subject onto another officer

9 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Factors for Success  Prepare for the interrogation  Setting and environmental concerns  It is crucial for the interrogator to control not only the physical environment of an interrogation, but also the subject being interrogated and the topic of discussion  The setting of an interrogation is also very important  The interrogation area should be a small, empty room with minimal furniture and no distractions  The room should be sound-insulated to avoid unwanted noise  You may only have one shot at a confession

10 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Factors for Success (continued)  Prepare for the interrogation (continued)  Knowledge of case facts  It is essential that the interrogator know as many facts of the case as possible, including how the crime was committed  Many times if you can tell the suspect how the crime was committed, they will tell you the reason it was committed  This technique is somewhat risky because the interrogator will lose credibility with the suspect if he or she provides facts that have not yet been proven

11 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Factors for Success (continued)  Prepare for the interrogation (continued)  Familiarity with suspect’s background  Knowledge of the suspect’s history is important in an interrogation  If you understand a suspect’s feelings, attitudes, and personal values, you stand a greater chance of success  Oftentimes suspects will confess because of emotions or defend themselves with logic  Understanding the suspect’s goals and needs helps you to obtain a confession

12 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Factors for Success (continued)  Determine Whether to Use an Interview or Interrogation  Interviews  Occur prior to an interrogation  Are used by investigators to learn information about the suspects, including fears, concerns, and attitudes which may later be useful in the interrogation  Consist of questions about the subject themselves, the crime, and others that might have been involved  Help investigators identify verbal and nonverbal behaviors exhibited by the suspects  Help build rapport and establish common ground  Used to determine if the need for an interrogation exists  Are used to gather information

13 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Factors for Success (continued)  Determine Whether to Use an Interview or Interrogation (continued)  Interrogations  Processes that bring the investigation to a close  Statements obtained during the interview are used to confront the suspect(s)  Controlled by the investigators, they do not take notes, since they should have obtained all the information needed during the interview  Their ultimate goal is to obtain a truthful admission or a confession

14 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Factors for Success (continued)  Document the Confession  Take care of the details prior to beginning the interrogation  The interrogators risk being unsuccessful if they have to stop to take care of paperwork, change audio tapes, etc.  Audio and video recordings should always occur during an interrogation (oral statement)  Have the suspect write a statement and sign it so that, in case the audio and video fail, there is still evidence admissible in court (written statement)

15 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Legal Requirements for Conducting Interrogations  The officer’s duty is to warn the suspect who is in custody of his or her rights prior to obtaining a statement  Oral Statements ( )  Oral Statements (Criminal Code of Procedure (CCP) Article 38.22 section 3a)Criminal Code of Procedure (CCP) Article 38.22 section 3a  A res gestae statement is admissible  Used to establish guilt  Made in open court

16 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Legal Requirements for Conducting Interrogations (continued)  Written Statements ( )  Written Statements (CCP Article 38.22 section 1 and 2)CCP Article 38.22 section 1 and 2  Record information from person involved  Make notes during the interview – review and correct them with the suspect  Write or type the statement in the suspect’s own words  Enter the statement as evidence

17 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Qualifications of an Interrogator  Patience  Self-confidence  Adaptability  Correct attitude  Alertness  Courtesy  Tactfulness

18 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Kinetic Interview and Interrogation  No single behavior by itself proves anything  Deceptive behaviors are diagnosed in clusters (two or more signals appearing at the same time)  Behaviors that are significant are those that are inconsistent when stimuli are repeated

19 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Kinetic Interview and Interrogation (continued)  65% Body Language  7% Verbal  12% Voice Quality  16% Miscellaneous Symptoms (Hamilton 2001)

20 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Symptoms are easier to decipher when the subject is not in control of his or her communication flow; they do not have a prepared line of thought  The interviewer must identify a baseline for the subject’s normal behavior and then look for changes  Changes in behavior will be timely about 3 to 5 seconds after the critical stimulus Kinetic Interview and Interrogation (continued)

21 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Deceptions should not be pointed out to the subject  Conduct a reality check. Do the facts of the case fit the behavior exhibited?  The observing and interpreting of human kinetic behavior is hard work  It’s easier for a person to control his or her verbal kinetic signals than his or her nonverbal signals Kinetic Interview and Interrogation (continued)

22 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Deceptive persons are 90% more likely to experience speech dysfunction than truthful persons (Hamilton 2001). Speech dysfunction occurs because the person is unable to maintain a clear line of thought  A total lack of body movement is as unnatural as excessive body movement  Look for body language that is inconsistent with the suspect’s speech Kinetic Interview and Interrogation (continued)

23 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Stress Responses  Anger  This response is used to gain control. Do not get pulled into a subject’s anger; it results in closure  Forms of anger are covert, focused, and rage  Depression  The opposite form of anger, or anger turned inward  Interviewers should empathize with depression and pull out the negative comments  Reactive behavior, person speaks of feeling depression, health problems, trouble with personal life, etc.  Blames the issue at hand for causing problems

24 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Stress Responses (continued)  Denial  The rejection of reality  When discussing critical areas, deceptive subjects have more frequent occurrences of memory failure then honest people  More than 90% of deceptive behavior is presented in denial (Hamilton 2001)

25 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Stress Responses (continued)  Denial (continued)  Symptoms  Memory lapse – focus the subject’s attention on the inability to recall  Denial flag expressions – may preface a deceptive comment  Modifiers – used to respond to questions but really devaluate the answer  Guilt phrases  Stalling mechanisms – create time to formulate an answer

26 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Bargaining  The disguise of reality  Examples are complaints for sympathy, minimizing, religious remarks, and excessive courtesy  Acceptance  Submission to the truth  Punishment statements and third person statements are common Stress Responses (continued)

27 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Interrogation Strategies  Emotion dominant  Slow and chronological  Personalize everything, building the case a piece at a time  Sensory dominant  Move quickly and get to the point  Be objective and do not bluff

28 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Interrogation Strategies (continued)  Logic dominant  Logical and accurate  Link each piece of evidence and expect little feedback  Ego dominant  Feed the ego  Blame everyone else  Use case facts only to impeach

29 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Confession Signals  Stop talking and start listening  Show acceptance and give the subject a way out  Use common sense and do not promise things over which you have no control  Remember to be courteous and patient

30 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Resources   Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) Investigator’s Course http://www.tcleose.state.tx.us/ http://www.tcleose.state.tx.us/   Texas Code of Criminal Procedure and the Family Code http://www.statutes.legis.state.tx.us/ http://www.statutes.legis.state.tx.us/   Officer’s Interrogation Handbook, Matthews Bender & Company, Inc., Charlottesville, 2004   Hamilton, Cheryl. Communicating for Results. Wadsworth, Thomson Learning. U.S., 2001   Do Internet search using the following key terms:   Gastonia Officer Shot Witness Interview Part 2   Nathan’s Interrogation Video


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