© 2007 Pearson Education, Inc. Upper Saddle River, NJ Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 4-1 Traditional, Structural, and Inferential Interviewing with Statement Analysis Techniques Chapter 4

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Traditional Interviewing Just-the-facts approach  Use for witness evaluation  Preliminary assessments  To obtain emergency response information  For field interviewing with limited time

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Identify the Sources Side-tracker  One who falsely claims involvement as a witness or suspect to a crime

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Complainant The person who reports a crime or accuses another of an offense  Victim or witness

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Guidelines for Traditional Interviewing Ask questions to answer in any order  Who, what, when, where, why, how

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Determine the Actus Reus  Determine if a crime has been committed  Determine the nature of the offense

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Obtain an Admission Where Relevant  An admission is when a person gives information of having been involved in a crime but downplays their role or lies about the extent of their behavior

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ What? What offense was committed? What happened? What weapon was used? What was said? What did the eyewitness hear or see?

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ What? Avoid leading questions Avoid sounding accusatory

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Who? Who is the victim? Who is the perpetrator? Who are the witnesses?

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Who? Get names, addresses, telephone numbers, and physical descriptions Find out if there are any family relationships Obtain prior record information Search records for outstanding warrants

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ When? When did this incident occur? When was the event reported? When did injuries occur? When did the injured seek medical attention?

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ When Is the incident still ongoing? How old or new is the complaint? Has this type of offense ever occurred against the victim in the past?

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Where? Where was the location of the incident? Where did the event begin and where did it end? Where were the witnesses located in relation to the offense?

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Where? Determine the jurisdiction of the crime Does the event cross multiple jurisdictions? Were the witnesses located to accurately view or hear what they report? Were there indications of force or forced entry?

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Why? Establish the mens rea  Perpetrator state of mind

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Mens Rea Purposefulness: What is the reason or goal of the act? Knowing: What was the activity that the person should have known will bring consequences? Reckless behavior: Is the behavior one that increases the risk of harm? Neglect: A failure to act where a duty of care exists

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ How? How did it happen? How was the victim approached? How did the perpetrator gain access? How often has a similar event occurred?

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ How? Include information leading up to the event and after the event Determine the sequence of events

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Conducting the Traditional Interview Treat all with dignity Be courteous and professional Avoid professional jargon Do not make ANY promises Never suggest confidentiality Establish rapport

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Tools Use sketches and drawings Leave with the understanding they may be contacted again  Get contact information

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Indirect Approach Exploratory to find out what they know  Use open-ended questions  Clarifying questions  Avoid leading questions

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Vs. Direct Approach Ask specific questions  Avoid leading questions  Use with an uncooperative person  Determine source of difficulty

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Structural Interview Designed to maximize recall and minimize contamination Adds rapport building, narrative description, and an ample interviewee response to the traditional interview method

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Structural Interview Incorporate active listening skills Use of open-ended questions Appropriate non-verbal behavior Encourage active participation by the interviewee Do not interrupt narratives Record accurately and completely

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Structural Interviewing Steps Build rapport Obtain narrative description from non-leading and open questions  Allow ample interviewee response time

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Structural Interviewing Steps Use specific probing questions to elaborate Request the interviewee recount the entire event a second time

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Inferential Interviewing: Four Principles to Discover Dishonesty 1.Coherency: A statement should make sense by not violating the rules of nature or contradicting itself

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Discover Dishonesty 2. Response Rate: Deception is associated with shorter response length, a slower rate of speech, and more speech errors (verbal leakage)

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Discover Dishonesty 3. Type-Token Ratio: Unique words divided by total words in a statement

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Discover Dishonesty 4. Verbal Hedges: Verbal techniques used to buy additional processing time

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Verbal Hedging Methods to avoid answering and to buy time

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Examples of Verbal Hedging Unnecessary use of connectors— Uhs… ums… ands… ors… Repeating all or part of the interviewer’s question before responding Claimed lack of memory  I couldn’t see, wasn’t paying attention Repeated extraneous information  He said, she said, he did, she did

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Statement Analysis A word-by-word examination of the grammar within a statement Can be used with any method of interviewing as an assessment of deception Both written and oral statements can be evaluated

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Components of Statement Analysis Parts of speech Extraneous information Lack of conviction Statement balance

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Parts of Speech Evaluate pronoun, noun, verb, adjective  Establish the norm in the statement  Look for changes to the norm, evaluate why

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Example Example in rape case: My story (noun) has never changed; I would never hurt (verb) the child (adjective), I love (verb) him

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Pronouns Truthful persons provide statements using the pronoun “I,” first person singular  Overuse of “we” indicates a lack of commitment and unwillingness to take responsibility

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Examples Example of truthfulness: I woke up and went to school. I met some friends and we went to class together. At noon we all left. Example of lack of commitment: I woke up. We all met and went to class. We left when the lunch bell rang.

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Nouns A change in noun use signifies a change in the reality of the suspect

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Examples Example of the norm: I loved my baby. I did not mean to hurt my baby, but I drowned her. Example of a deviation: I loved my baby. I did not mean to hurt my baby, she went under the water and something kept her down.

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Verbs It is normal to use the first person, singular past tense to recall past events Change in the tense of the verb signals possible deception

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Examples Example of the norm: I saw the shooting, I was so scared that I ran as fast as I could. Example of a deviation: I saw the shooting. I am so scared that I run away as fast as I can.

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Verbs Statements which contain verbs such as “tried” or “started” represent a weakened assertion of the facts

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Examples Example of the norm: I screamed “no” over and over. Example of a deviation: I tried to scream “no” over and over.

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Adjectives Use of “that” and “those” to refer to a person suggests distancing

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Examples Example of the norm: I did not hurt David. Example of a deviation: I did not hurt that child.

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Field Statement Analysis A shortened version of the statement analysis Uses two rather than four components  Lack of conviction  Extraneous information

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Lack of Conviction A truthful statement is given with conviction  Frequent “I don’t remember” or “I believe” or “kind of surprised” are suspect

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Extraneous Information A truthful person will provide events in a chronological order A truthful statement contains three parts; prior to the event, the event, and afterwards  They should contain roughly the same amount of information