© 2007 Pearson Education, Inc. Upper Saddle River, NJ Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 3-1 Purposeful Interviewing and Processes Chapter 3

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Social Systems Theory Purposeful interviewing  Comprehensive questioning  Morphostasis  Common language

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Comprehensive Questioning Refers to questioning outside the expected  Know that there is a bigger picture outside of that statement and contact Ask:  Who did this to you?  Are you ok?  Talk to the kids at a disturbance!

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Morphostasis Continuation of a family is a priority  Members work together against the intervening threat (the police)

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Common Language Borrowing the language from other disciplines provides technique  The devices whose application enables us to accomplish our purposes

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Characteristics of Purposeful Interviewing Active listening  Listen to what is being said and how it is said  Notice change in tone, voice, and direction Rapport development  Be respectful and patient  Display sincere interest and provide reassurance

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Purposeful Interviewing Different goals require different approaches to interviewing

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Establish Interviewing Goals  Examine the nature of the offense  Determine if a crime was committed  To identify the perpetrator

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Arson Who will profit? Is this for spite or revenge? Is it juvenile firesetting?

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Domestic Violence Determine the seriousness of the situation  How often has this happened in the past?  Have you ever been hospitalized due to these attacks?  Has he/she ever threatened to kill you?

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Hate Crimes Establish cooperation  It is important to stop this individual(s) from doing this to anyone else in your community  There is nothing to stop this from happening to your friends and family, we need your help  I know this is difficult for you, but there is something that can be done about this

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Rape and Acquaintance Sexual Assault First Responder Keep the questioning to a minimum Examples of what to say:  You are safe now  I don’t need to ask a lot of questions right now, but I have to know if there was penetration involved?  I know this is a lot to ask, but please do not smoke or have anything to drink until you have been examined by the doctor

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Rape and Acquaintance Sexual Assault Detailed Statement Establish rapport  How are you feeling?  Would you feel more comfortable if I called you by your last name?  Do you have any questions? Use open-ended questions for the narrative

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ White-Collar and Fraud Crimes Overcome victim self-blame  Are you ok?  I would be angry, too  You have every right to feel like that

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Was a Crime Committed? Research the law concerning the crime to determine the elements needed for prosecution  No crime has been committed if the basic elements cannot be satisfied

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Collect Evidence Testamentary evidence  Spoken evidence collected through interviewing

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Collect Evidence Physical evidence  Something that may be seen, heard, touched, smelled, or tasted, that may prove or disprove the involvement of someone

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Arson Rule out accidental causes of the fire such as heaters, appliances, fuses, or electrical outlets

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Incendiary Incendiary refers to the criminal setting on fire of buildings or other property

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Domestic is a Legally Recognized Relationship Determine the relationship between the victim and the perpetrator Each state defines “domestic” in a unique way Without a legally recognized relationship, the offense is not domestic violence

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Hate Crimes Defined A criminal offense which is committed against a person or property which is motivated by the offender’s bias against a race, religion, disability, ethnicity/national origin, or sexual orientation

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Rape Defined Any forced penetration, no matter how slight, is sufficient to constitute sexual intercourse

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Rape  The majority of states only recognize females as rape victims  Alternative legal protections may be considered for males  Force and the will of the victim are elements of concern

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ White Collar and Fraud Crimes Defined Nonviolent crime usually committed in commercial settings for financial gain

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Identify a Perpetrator Obtain a physical description Make a risk assessment Never show a witness a photo or live lineup prior to developing a composite

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Primary Aggressor Determination Is not based on size, gender, or anger  Question all parties separately  Ask for history of abuse  Consider self-defense when both are injured

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Numbers Needed Field identification  One participant Photo lineup  At least six photos Live lineup  Minimum of four non-suspects

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Assessing Statement Accuracy Are there motivations for exaggeration?  Do not accuse the person of lying, follow their leads  Do not judge reliability on first impressions or moral evaluations

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ Assessing Statement Accuracy Is the statement correct in part?  Victim and witness memory may vary and cause some things to be left out or forgotten