© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Class Name, Instructor Name Date, Semester Lasley & Guskos, Criminal Investigation: An Illustrated Case Study Approach 1ed Chapter 5 INVESTIGATIVE INTERVIEWING AND INTERROGATION

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Differentiate between interviews and interrogations Describe effective interviewing and interrogation techniques Summarize the legal requirements of interviewing and interrogation, including Miranda rights Explain how to deal with special witnesses Identify how lying and deception are detected CHAPTER OBJECTIVES Explain why people confess and how confessions are documented

Differentiate between interviews and interrogations Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

Interview vs. Interrogation Interview goal: Obtain insights and observations from person who may have personally witnessed or gained knowledge about criminal matters under investigation Interrogation goal: Aims specifically at determining the guilt or innocence of persons suspected of criminal involvement through special information- gathering techniques

Describe effective interviewing and interrogation techniques Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

6 Preinterview Activities Gather background information Know information about the case before discussing Know information about the witness’ background before asking questions Separate witnesses Before they can discuss details of the crime Prevent witness contamination Identify witnesses Names, physical descriptions Additional information from others (dispatch, officers)

7 Preinterview Activities Identify the type of witnesses Friendly, neutral, hostile witnessesIdentify type before asking questions Consider questions to be asked Who, what, when, where, how, why? Tailor questions toward the crime that occurred Selecting an interview location Interview as soon as possible Interview in nonthreatening location if possible

Interview Location 8

9 Witnesses Friendly Rapport developed, converse casually, open-ended questions Neutral Unbiased account of incident, interview before others, best account of incident, interview same as friendly, can shift to hostile so be prepared Hostile Often know victim and are related, downplay offense, defensive, ask questions related to their personal life to establish rapport, begin with close-ended questions

Type of Witness? 10

11 Cognitive Interviewing Show pictures of the crime area Return to the physical location of the crime Ask specific questions about details of the crime Attempt to recreate the witness’ mindset at the time of the crime Refreshing a witness’ memory

Show the Crime Scene Area 12

Eyewitness Accounts Factors affecting the accuracy of a witness’s observations of the crime: 13 AGEGENDER RACEDRUG/ALCOHOL USE CRIME TYPEFREQUENCY WEAPONILLUMINATION TIME EFFECTSWITNESS ANXIETY FLASHBULB MEMORY

Explain how to deal with special witnesses Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

Interviewing Special Witnesses Mental competence & credibility are key to a successful interview Mentally impaired witnesses—limit information they can provide, interviewer must consider this Intoxicated persons—should not be interviewed until the affect of intoxication is gone Elderly witnesses—reduction in memory and physical condition, consider age-related functions 15

Interviewing Special Witnesses Physically disabled witnesses—consider sight, hearing, memory and suitable accommodations for the interview Juvenile witnesses—parental permission generally needed Confidential informant—consider credibility Gang/drug trade witnesses—fabricate and tell investigators inaccuracies to protect themselves 16

17 Suspect Interrogation Ultimate outcome is a confession Admission can also be revealed during an interrogation Investigators must be prepared before an interrogation begins Verification of current knowledge of crime

18 Conducting a Show up & Documentation 1.Name/identifiers of officer and witnesses, suspects being interviewed 2.Circumstances warranting the showup 3.Description of the showup 4.Witness statements and others during showup

Identify how lying and deception are detected Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

Reid Nine-Step Technique Direct Positive Confrontation Tell suspect in an assertive, confident manner that they are considered the person responsible for the crime Theme Development Provide the suspect with a moral excuse for committing the crime without being morally judgmental Handling Denials Stop suspect from repeating or elaborating claims of innocence 20

Reid Nine-Step Technique Overcoming excuses Investigator should listen and act in an attentive manner Keeping the suspect’s attention Maintain suspect’s attention by continued listening of excuses and showing outward signs of sincerity Suspect submission Maintain eye contact and sympathetic demeanor 21

Reid Nine-Step Technique Offering choices Offer choices in the form of questions regarding the suspect’s involvement in the offense Obtaining crime details Probe suspects for details regarding their involvement in the crime The confession Once a verbal confession is obtained, a written confession should be obtained as well 22

23 Good cop/bad cop Technique used to interview and gain confessions

Neuro Linguistic Programming Identify suspects sensory modality Establish rapport Analyze baseline movements Lie detection

Behavioral Analysis Interview Preinterrogation interview of 15 questions Suspects not showing lying behaviors are free to go

Interrogation Profiling Real need offenders—real offenders acts alone, first- time offender, spontaneous act, opportunistic act Lifestyle offenders—methodical, well-planned crimes that protect and support their social status Impulsive offenders—crimes of opportunity, spontaneous, lash out at target Esteem offenders—psychological to prove their own self-worth 26

27 Kinesics Analysis FaceGestures Body MovementVoice Body movement analysis

Body Movement Analysis 28

Explain why people confess and how confessions are documented Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

False Confessions 1.Duress 2.Coercion 3.Intoxication 4.Diminished capacity 5.Mental impairment 6.Ignorance of the law 7.Fear of violence 8.Infliction of harm 9.Threats of a harsh sentence 10.Misunderstanding the situation 30

31 False Confessions Mental suggestibility or confusion and end up believing they are guilty Coerced- internalized Avoid perceived or real threats of physical harm if they do not provide a confession Coerced- compliant Fame, recognition, protection of a friend/relative, self- punishment Voluntary

32 Other Deception Detection Methods—Polygraph Pretest Interview—discussion of questions to be asked Pretest—monitoring devices attached to person being interviewed Examination—formal questions of “yes” and “no” are asked

Polygraph Examine 33

Other Deception Detection Methods Brain fingerprinting—spikes in normal brain activity show deception Voice stress analysis—analyzes voice patterns that occur when an untruthful reply, statement, or narrative is given Functional magnetic resonance imaging—brain reacts in different recognizable patterns when lying Clinical hypnosis—many legal restrictions Truth serum—assist in memory recall 34

Summarize the legal requirements of interviewing and interrogation, including Miranda rights Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

Legal Requirements Miranda Warnings—before interviewing and interrogating suspects Exceptions: alibi, self-incriminating statements given prior to Miranda, public safety issues, lying under oath Miranda waivers—right to remain silent and have assistance to legal counsel Juveniles are also required to receive their Miranda warning 36

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Interviews are typically conducted with persons who are not suspects of crime, but who have witnessed or can provide information regarding a criminal activity. Interrogations are aimed at uncovering information from a crime suspect, or other persons who may have participated in a crime, to establish guilt or innocence. The physical settings, techniques, and laws involved in conducting interrogations are much more stringent than those relating to the interview process. The particular technique used to conduct an interview is generally adapted to the type of witness that is being interviewed. Friendly witnesses, those willing to cooperate with investigators, are asked open-ended questions followed by closed-ended questions. Neutral witnesses, those who neither volunteer nor refuse to cooperate, are best interviewed using a “who, what, where, when, why, and how” strategy. Hostile witnesses refusing to cooperate should first be approached with closed-ended questions and then, if they choose to cooperate, open-ended questions should be administered. Cognitive Interviewing (CI) can also be employed as a means of refreshing a witness’s memory about a criminal event. CHAPTER SUMMARY

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved The investigator must perform a tactful assessment of special witness to determine whether their condition or status may negatively affect the value of the information they provide. CHAPTER SUMMARY The polygraph determines deception through analyzing changes in an individual’s involuntary physiological functions as a reaction to being untruthful. Elevated breathing, blood pressure, and pulse rates are some of the reactions associated with being deceitful. Self-incriminating statements also may be admissible in the absence of a Miranda warning if certain post-Miranda exceptions apply. Miranda rights may also be waived by a crime suspect, allowing for a full range of questioning during an interrogation. In order for statements made during an interrogation to be legally admissible, Miranda warnings must be given to individuals who are being questioned in a custodial setting about their involvement in a crime. This rule applies to juveniles as well.