INTERVIEWING THE SUSPECT. Interviewing the Suspect (1)  Interview the suspect away from the victim.  Ask the suspect to be seated and calm them if agitated.

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Presentation transcript:

INTERVIEWING THE SUSPECT

Interviewing the Suspect (1)  Interview the suspect away from the victim.  Ask the suspect to be seated and calm them if agitated.  Make direct statements & ask direct questions.  Acknowledge suspect’s frustrations, concerns and anger, Don’t sanction them.  Indicate refusal to answer questions in report.  Document spontaneous admissions: “I hardly pushed her.” “She bruises easily.”  Do not mention that the victim called law enforcement.

Interviewing the Suspect (2)  Ask the suspect “why?”  Consider the demeanor and motive of suspect.  Begin with non-threatening questions.  Get the suspect talking.  Get as much detail as possible.  Make the suspect commit to his story.  Encourage suspect’s excuses or justifications.  Confirm or discount alibi statements as soon as possible.

The “Sophisticated” Batterer (1)  Domestic violence batterers are MASTERS of CONTROL.  He will try to distract you from the reason 911 was called.  He may appear calm and logical.  “Sophisticated” Batterers M.O.’s: He’s the “real” victim. He’s trying to keep the family together. He acknowledges family problems but denies violence. He bonds with or antagonizes the officer. He has lots of handy excuses.

Officer Response  Once you have decided to arrest the suspect - do NOT allow him to kiss the victim or kids good-bye, change his clothes, etc. This would reinforce to him & the victim that he controls everything, even the police.  Once you have decided to arrest the suspect - be polite, put the cuffs on him, get him in the patrol car & away from the victim.  Do NOT tell him that you understand why he did what he did.

Statements Offer the suspect the opportunity to make a written or taped statement.  Why is he angry with the victim?  What is his relationship with the victim?  Has law enforcement been called before?  Any protective orders in place?

Statements by the Suspect Statements by the defendant are NOT hearsay. Everything the defendant says is admissible, unless:  It can be excluded by another evidentiary rule (like relevance) or  Miranda is violated.

Search and Seizure  U.S. Constitution, Article IV, protects from unreasonable searches and seizures.  Officers cannot enter a residence unless: Invited; or Have a warrant; or Have exigent circumstances; or Plain view.

Acknowledgements Resources provided by: - Mark Wynn, Wynn Consulting – - Illinois Domestic Violence Act – Revised January th Judicial Circuit FVCC Law Enforcement Committee - OVW Rural Grant Committee, 4 th Judicial Circuit

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority. The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority. Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.