1 Book Cover Here Chapter 10 INTERROGATION OF SUSPECTS AND HOSTILE WITNESSES Guidelines and Procedures Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition Copyright © 2014, Elsevier Inc. All Rights Reserved

2 The Purpose of Interrogation Incriminating information Exculpatory information Details of the crime Accomplices Circumstances Follow-up leads Location and clarification of evidence Admission or Confession Copyright © 2014, Elsevier Inc. All Rights Reserved

3 Why People Confess: HOROWITZ Basic Concepts 1.Accusation 2.Evidence is Available 3.Forces – Friendly and Hostile 4.Guilt Feelings 5.Confession Copyright © 2014, Elsevier Inc. All Rights Reserved

4 Why People Confess: PAVLOV Basic Concepts – Intensity of Signal – Anxiety Waiting – Alternate Signals – Physical Condition Copyright © 2014, Elsevier Inc. All Rights Reserved

5 Why Some DO NOT Confess No pangs of conscience/no guilt Fearful of consequences To avoid self-incrimination Attorney recommendation (Miranda) Copyright © 2014, Elsevier Inc. All Rights Reserved

6 Interrogation: Guidelines and Procedures Miranda Guidelines – The right to remain silent – Anything said can be used against the individual – Right to counsel – Counsel for the indigent – The wish to remain silent – Waiving one’s rights – Admission of statements Congressional Action Copyright © 2014, Elsevier Inc. All Rights Reserved

7 Implementing Miranda As a means of compliance with the Miranda decision, many police departments have cards printed out that spell out the constitutional rights of the individual – Officer must also verbally inform the individual Courts have ruled that any statements made outside the context of Miranda rules are allowed Copyright © 2014, Elsevier Inc. All Rights Reserved

8 Implementing the Miranda Warnings Miranda Warning Card 1. You have the right to remain silent. This means you do not have to answer any questions. 2. If you answer any question, anything you say can be used against you in court. 3. You have the right to legal counsel. This means you may secure the services of a lawyer of your own choosing and seek his or her advice. You may also have him or her present with you while you are being questioned. 4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning takes place, if you so wish. This will be done without any expense to you. 5. If you decide to answer questions now without a lawyer present, you retain the right to stop answering at any time. At that time you still have the right to seek the advice of a lawyer before continuing to answer questions. Copyright © 2014, Elsevier Inc. All Rights Reserved

9 Waiving One’s Rights “Waiver of Rights” Form I have had my rights explained to me and have read a statement of them. I understand what my rights are. I do not want an attorney at this time. I know and understand the consequences of what I am doing. I am willing to answer questions and to make a statement. No threats have been made to me. No coercion of pressure of any kind has been exerted against me. No promises have been made to me. DATE: _________________________________________________ (Signature) TIME: _____________________ LOCATION: _____________________ WITNESS: _____________________DATE: _____________________ TIME: _____________________ WITNESS: _____________________DATE: _____________________ TIME: _____________________ Copyright © 2014, Elsevier Inc. All Rights Reserved

10 Congressional Action 1968 – Congress passed a law that applied only to federal prosecutions – Intent was to get around Miranda and allow voluntary confessions to be admitted into evidence 1997 – Janet Reno stated that the 1968 law was unconstitutional 1999 – 4th Circuit U.S. Court of Appeals permitted the resurrection of the 1968 law that had never been involved – Reaffirmed the admissibility of voluntary confessions Copyright © 2014, Elsevier Inc. All Rights Reserved

11 Interrogation in Practice Preparation The Setting – Privacy – The Room Creating the Tone Interrogation by Males and/or Female Multiple Interrogators Copyright © 2014, Elsevier Inc. All Rights Reserved

12 Creating the Tone Dress and Appearance Diction Mannerisms Attitude Taking Command of the Situation Copyright © 2014, Elsevier Inc. All Rights Reserved

13 Conducting the Interrogation Preliminaries – Capacity of the subject to understand and respond rationally to questions Intoxication, influence of drugs, abnormal emotional reactions, etc. Advice of physician may be needed – When the person to be interrogated is a suspect Opportunity to admit their guilt is needed Beginning the Interrogation The Body of the Interrogation Evaluation of Responses The “Break” Copyright © 2014, Elsevier Inc. All Rights Reserved

14 Documenting the Interrogation Recording Statements and the Confession A Consensus Favoring Videotaping Reducing the Confession to Writing Witnessing the Confession Time and Personal Needs Register Copyright © 2014, Elsevier Inc. All Rights Reserved

15 Types of Cases Videotaped 83% of agencies videotaped homicide cases Rape cases — 77% Aggravated battery or assault cases — 71% Armed robbery cases — 61% Drunk driving cases — 59% Unarmed robbery cases — 45% Burglary — 44% Other property crimes — 34% Copyright © 2014, Elsevier Inc. All Rights Reserved

16 Conclusion Keep the interrogation process humane No investigator wishes to have an innocent person confess to a crime Corroborate guilt beyond the confession with evidence A confession can be therapeutic (a chance to “tell all”) – but limit written confession to crime under investigation Copyright © 2014, Elsevier Inc. All Rights Reserved