Interview & Interrogation

Interview – used to gather info & determine the truth General questions – no Miranda warning; establishing a rapport w/ person Specific questions – Miranda before you start; more details

Techniques Cognitive approach - most common - enhances recollection of details - gets interviewee to reconstruct circumstances surrounding incident in different ways - person may be interviewed several times - take careful notes - gain a lot of info and details

- in future interviews, observe inconsistencies  leads to interrogation Interrogation – subject is likely to make incriminating statements or confess Must be read Miranda before interrogation

Interviewing a Child Make child feel safe and comfortable – allow child a toy or blanket Have parent or advocate nearby Videotape interview Have already prepared questions Intro & explain what is happening Child may or may not have to testify in court

Interrogation By detective to gain evidence from an uncooperative source, maybe a confession Review all previous info, stay calm; can’t be unreasonable Steps: 1. establish control – tell suspect to sit 2. remind suspect of 5th & 6th Amendment rights 3. show evidence of suspect’s link to crime 4. use body language or words to show interest or disbelief 5. must allow suspect to answer – if lying can catch him in lie later

Models Suspect decision making Cognitive-behavioral Psychoanalytical Emotional Interaction process

Questioning Strategies Why It Works Figure 2-12. Interrogation models. Interrogation Model Questioning Strategies Why It Works Suspect Decision-Making Model Interrogator offers the options available and the consequences of each. Suspect weighs pros and cons of confessing; considers all options and consequences; decision to confess lies in perceived consequences Cognitive-Behavioral Model Interrogator continues questioning over a period of time until the suspect is less resistant. Factors such as exhaustion, overwhelming guilt, and isolation may cause someone to confess; relies on fear of isolation or being arrested, or on the suspect's assumption that guilt can be proved Psychoanalytical Model Interrogator tells suspect that confessing will lift the burden of guilt and that the suspect will feel better. Individual feels the need to confess to punish himself/herself; model is unlikely to be used successfully on suspects who are career criminals, as they are unlikely to feel guilt for their actions Emotional Model Interrogator allows suspect to shift the blame without escaping legal responsibility. Suspect simply does not tell the truth to avoid the consequences, such as loss of freedom or social status Interaction Process Model Investigator determines the best method to approach the interrogation based on the suspect's background and history and on the facts of the case. Allows the interrogator to evaluate the suspect and then proceed using one or more of the above models to obtain a confession

Signs of Deception Combo of behaviors: - ex. Biting or licking lips, avoiding eye contact, covering of mouth – hides facial expressions, arms crossed, etc.

Reporting info Objectivity – report only facts, no opinion - accurate and truthful Includes: name, address, role, etc Filed throughout investigation All reports stored for future review