Chapter 2 Interrogation and Forensic Reporting

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Chapter 2 Interrogation and Forensic Reporting © 2012 Cengage Learning. All Rights Reserved

Introduction—Objectives Identify important events in the history of law enforcement. Explain J. Edgar Hoover’s contributions to the formation of the FBI. Evaluate the importance of a code of ethics to professional organizations. Compare and contrast an interview and an interrogation. Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Introduction—Objectives Describe the cognitive approach for interviewing. Discuss special considerations for interviewing children. Differentiate between the fi ve common models of interrogation. Explain the importance of objectivity in report writing. Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Introduction—Vocabulary ethics - a set of rules that define appropriate behavior in a situation interrogation - official questioning of a suspect or witness by law enforcement interview - a question and answer session that does not accuse but is instead intended to gather information concerning a case and/or a suspect Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Introduction—Vocabulary interviewer - a trained individual who questions witnesses or suspects and is able to interpret cues in verbal and physical behavior objectivity - judgment that is not influenced by personal feelings or bias, focused on fact suspect - an individual under investigation for his or her alleged involvement in a crime Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

The Last Drive October 24, 1994 Susan Smith claims she was carjacked with her children still inside the car Parts of her testimony don’t make sense Local sheriff works with FBI to develop questions and strategies to get Smith to confess Smith was convicted of two counts of murder and sentenced to life in prison 6 Forensic Science II: Title, Chapter # Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Historical Development (Obj 2.1, 2.2) England 1115 — The Laws of Henry I outlined the legal customs during that reign 1748 — the first magistrate appointed to prosecute criminals 1829 — Peel introduced the Metropolitan Police Act, creating the first modern police force Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Historical Development (Obj 2.1, 2.2) The United States 1790 — NY City has a fully operational daytime paid police force U.S. Department of Justice Attorney General position created by the U.S. constitution 1908 — the DOJ organizes a group of 34 special agents and called the Bureau of Investigation Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Historical Development (Obj 2.1, 2.2) The United States (cont.) Edgar J. Hoover Established new professional standards for employment and promotion in the Bureau 1924 — created central storage for fingerprints 1932 — created a crime lab 1935 — name changed to the FBI Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Ethics (Obj 2.3) Ethics is a set of guidelines— written and unwritten—that explain appropriate conduct for a particular situation or profession. A written code of ethics describes a process for enforcing appropriate conduct by a profession’s members and usually establishes a system for the investigation and resolution of alleged unethical conduct. Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Ethics (Obj 2.3) The American Academy of Forensic Sciences (AAFS) Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Bias (Obj 2.3) Criminal investigations must try to avoid bias Minimize preconceived notions about any aspect of the case - such as victim or suspect Bias can affect the evaluation Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Miranda Warning You have the right to remain silent Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statement WAIVER: Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk to us now? Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Interviewing Techniques (Obj 2.4, 2.5, 2.6) Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Interviewing Techniques (Obj 2.4, 2.5, 2.6) Interviewing Children Make the child feel as safe and comfortable as possible Techniques vary depending upon age and the nature of the crime Questions are prepared in advance The setting is in a private location The interview is usually videotaped Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Interviewing Techniques (Obj 2.4, 2.5, 2.6) Children in the Courtroom Children are naturally very truthful Make sure the child understand the responsibilities of being a witness The judge must consider the emotional impact on the child Should the child face the alleged perpetrator? Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Interrogation—Preparing Review all documentation Witness statement Police reports Physical evidence collected Laboratory reports Follow established guidelines Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Interrogation—Physical Setting Privacy Soundproof room Minimal furniture Speaker system Mirror/Glass for observation Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Interrogation—Organizing Interviewer Establishes control Explains the suspect’s 5th & 6th amendment rights Shows evidence to support the case Body language is very deliberate Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Interrogation—Models Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Signs of Deception A combination of behaviors Eye and mouth movements Not looking directly into the interviewer’s eyes Arms crossed Cover the mouth Shifting position abruptly Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Reporting Information Be accurate Be truthful Be objective Be comprehensive Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Chapter Summary As cities grew, the focus of policing shifted from peace-keeping to crime prevention. The U.S. Department of Justice initially relied on outside organizations to perform investigations. J. Edgar Hoover,director of the Bureau of Investigation, set standards for employment and promotion, consolidated the fingerprint databases, and created a crime lab to help federal, state, and local agencies process and analyze evidence. Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Chapter Summary A code of ethics is a set of guidelines for appropriate behavior as well as a system to enforce professional conduct. During an interview, an investigator asks questions designed to gather information. During an interrogation, the investigator expects to gather incriminating statements or a confession. The most common interview technique is the cognitive approach, which enhances recollection of information. Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved

Chapter Summary Special considerations are always given when interviewing children, but the ultimate goal is to obtain the truth. The five common models of interrogation are suspect decision-making, cognitive-behavioral, psychoanalytical, emotional, and interaction process. Accurate, truthful, and objective reporting is essential to maintaining professionalism standards. Objectivity is a focus on facts without influence from opinion or bias. Forensic Science II: Interrogation and Forensic Reporting, Chapter 2 © 2012 Cengage Learning. All Rights Reserved