Chapter 1 Distinctions between interviews And interrogations

Characteristics of an interview Nonaccusatory Nonaccusatory –Guilty suspect is more likely to volunteer information about his success, opportunity, and motives Purpose is to gather information Purpose is to gather information –Evaluate a person’s posture, eye contact, facial expressions, word choice, and response delivery May be conducted early during investigation May be conducted early during investigation –The more information you can get about the crime and suspect the more meaningful the subsequent interview will be

Characteristics of an interview May be conducted in a variety of environments May be conducted in a variety of environments –Ideal place is a room designed for that purpose, but can be done in the home, office, or back seat of car Free-flowing and relatively unstructured Free-flowing and relatively unstructured –Must be prepared to follow up on responses a suspect makes. Information may not be known until later during the investigation Make written notes during a formal interview Make written notes during a formal interview –Records suspect’s responses, will be more aware of of suspect’s behavior. Slows down pace of questions so you can catch suspect’s deception if any.

Characteristics of an interrogation Involves active persuasion –Investigator will use tactics that make statements rather than ask questions. This also dominates the conversation Learn the truth –Sometimes you will get a confession Accusatory A deceptive suspect is not likely to offer admissions against his self-interest unless he is convinced that the investigator is certain of his guilt

Characteristics of an interrogation Conducted in a controlled environment –Needs to be private and free from distractions Conducted only when investigator is reasonably certain of suspect’s guilt –If you believe suspect did not tell the truth during the interview based on his behavior

Characteristics of an interrogation Investigator should not take notes until after the suspect has told the truth and is fully committed to a position –This serves as a reminder to the suspect of the incriminating nature of his statements and can inhibit further admissions against himself. The notes should be taken after suspect confesses

Benefits of conducting an interview before an interrogation Bypassing the interview process is not advisable for these reasons: Investigator needs to establish a level of rapport and trust with the suspect Investigator needs to establish a level of rapport and trust with the suspect Investigator can learn important information about the suspect that will be beneficial during an interrogation Investigator can learn important information about the suspect that will be beneficial during an interrogation

Benefits of conducting an interview before an interrogation There is no guarantee that a guilty suspect will confess during an interrogation. If suspect is interviewed, he may lie about his alibi and later find out he lied There is no guarantee that a guilty suspect will confess during an interrogation. If suspect is interviewed, he may lie about his alibi and later find out he lied Psychological advantage. Suspect must trust the investigator’s objectivity and sincerity Psychological advantage. Suspect must trust the investigator’s objectivity and sincerity

Benefits of conducting an interview before an interrogation An exception to this suggestion may be a situation in which a suspect is caught in an incriminating circumstance or clearly evidences a desire to tell the truth during initial questioning.