1. Techniques for Interrogation
Chapter 12
12-1

2. Defining the Role of the Interrogator to the Suspect
Interpersonal Theory
Humans interact within these two boundaries
Dominance
Affiliation

3. Complementary Principle
Two major assumptions
Interpersonal behaviors invite reciprocal behaviors
Over time these lead to a repetitive pattern of relating
The interrogator should establish a status role or connect through a rapport relationship

4. Interrogator Relationship
The interrogator should determine if the approach to the interrogation is best made by establishing a status role or connecting through a rapport relationship
The overriding consideration is that once the interrogator has taken on a hostile role with the suspect it is impossible to go back and later develop rapport

5. Dominant Relationship Pairing
A person’s recognition of the status of another brings the opposite complementary response in a dominant relationship

6. Expectations: a Dominant Relationship Pairing
The suspect will be submissive when the interrogator is dominant
The suspect will be cooperative when the interrogator acts distrustful
The suspect will be friendly in response to the hostile interrogator

7. Affiliation Relationship Pairing
When a connection develops through rapport the affiliation between the suspect and the interrogator elicits the corresponding complementary response

8. Expectations: an Affiliation Relationship Pairing
The suspect will respond friendly when the interrogator is friendly
The suspect will respond cooperatively when the interrogator is cooperative

9. Purpose of the Interrogation
The primary purpose is to obtain a statement from the suspect that acknowledges or indicates the guilt of that person
A secondary purpose is to document the lies when the truth is not forthcoming

10. Confession vs. Admission
Both are known as inculpatory statements
I.e., statements that put the blame on someone
They are treated the same under constitutional analysis

11. Confession
Is a statement made by a defendant disclosing his guilt of the crime with which he is charged and excluding the possibility of a reasonable inference to the contrary

12. What Does a Confession Contain?
It is admitting to his or her role in having committed a crime
It is not limited to words but may be inferred through the demeanor, conduct, and acts of the person charged with a crime
I.e., a person acts out HOW he killed the girl

13. Admission
Is a statement of guilty conduct, containing only facts from which guilt may be inferred
May be any information regarding the suspect and his or her role or relationship to the crime, the victim, or the place of the offense

14. What Does an Admission Contain?
A suspect may admit to pulling down the pants of a 2-year-old girl but denies that any criminal act took place, such as an indecent touching of her genitals
The suspect has denied criminal conduct but admitted to having the opportunity and relationship with the child

15. The Role of a Confession
It is only part of the investigation process
Not the primary method of gathering evidence

16. Over-reliance on a Confession is Bad!
May warp the investigation if collecting evidence is made secondary
May cause the case to be dropped if the confession is found inadmissible and no other evidence of guilt exists
A common view is that a confession alone is not enough to prove a person guilty

17. Slam-Dunk Approach to Interrogation
When the interrogator forcefully claims that the suspect is guilty and does not allow him to deny

18. Slam-Dunk Approach to Interrogation
Initial hardness may cause some offenders to be fearful of making statements and others will not talk at all
Do NOT use if the suspect is cooperative, mentally ill, or excessively emotional

19. Interrogation Approach
Interrogation tactics may be based on the offender
Offenders differ based on the level of guilt they experience
Emotional
Nonemotional

20. Interrogation Approach
Interrogation tactics may be based on an assessment of the suspect
Determine offender strengths and weaknesses
Guilt, remorse, or entitlement may be exploited

21. Non-Custodial Interrogation Situations
Occurs when the suspect is not in police custody or under arrest
The suspect must be fully aware that he or she is free to leave at any time
The awareness may be based on the location of the interrogation
The attitude of the interrogator
Follow through by not arresting the suspect

22. Non-Custodial Interrogation Requirements
Miranda warnings are not required
Must be given if the situation changes
Not an available option if the suspect has been arraigned in court on the crimes under investigation or the individual asks to speak with an attorney

23. Custodial Interrogation Situation
Occurs when the suspect is under arrest or is not free to leave because arrest is impending

24. Miranda in a Custodial Interrogation Situation
The offender must be given his rights per Miranda
The suspect must understand these rights and make a knowing waiver of these rights for an interrogation to take place
The suspect must make a voluntary waiver of these rights for an interrogation to take place

25. Interrogation Phase I — Preparation
Phase I is about the interrogator establishing control over the interrogation

26. Interrogation Phase I — Preparation
Step One: Determine who will interrogate
Step Two: Understand the law
Step Three: Know the case
Step Four: Establish the timing
Step Five: Determine the location

27. Interrogation Phase II — Develop Outcome-Based Tactics
These are persuasive arguments that are designed to overcome the resistance of a guilty suspect to confess

28. Tactic #1: An Appeal to the Suspect’s Self-interest
Possible fear to overcome: retaliation
Empathize with the dilemma that the suspect faces
Their best option is to cooperate with the police
This is the most frequent tactic used in interrogation
Encourage the suspect to “get it off his chest” or to “take this opportunity for his side to be heard”

29. Tactic #2: Confronting the Suspect with Existing Evidence of Guilt
This may involve telling the suspect about physical evidence that demonstrates they committed the crime
Possible fear to overcome: paranoia
Point to a failed polygraph test as providing evidence of guilt
Use the relationship that the suspect had to the victim

30. Tactic #3: Undermining the Suspect’s Confidence in his or her Denials
If the suspect does not think that the interrogator has sufficient evidence to arrest, they may be reluctant to provide that information during an interrogation
Possible fear to overcome: fear of arrest
A decision may be made to delay the arrest
State that “the facts of the case speak for themselves, you only have the option of cooperating at this point”

31. Tactic #4: Identify Contradictions in the Suspect’s Alibi or Story
The term “because” may be used as a persuasive word
Tell the suspect that he or she committed the crime BECAUSE .. Give examples!
Possible fear to overcome: fear of financial repercussions
Attempt to engage the suspect with why they committed the crime

32. Tactic #5: Asking Specific Behavioral Analysis Interview Questions
The guilt ridden offender may be unwilling to look the interrogator in the eyes
The apathetic offender will show defiance by looking the interrogator in the eye with denial
Look for behavioral indicators of nervousness, sweating, or frequent licking of lips or wiping of eyebrows

33. Tactic #6: Appealing to the Importance of Cooperation
Face the repercussions of the criminal act with the offender and suggest they start over through cooperation
Alternatively, minimize the repercussions and be compassionate
Possible fear to overcome: loss of job
Loss of status or employment loss is a considerable fear to overcome, determine which approach will maximize cooperation

34. Tactic #7 Offering Moral Justifications and Face-saving Excuses
Possible fear to overcome: shame
Use empathy to overcome the fear of shame
Ask why the offender did the act to allow for face-saving excuses
Minimize the crime and never refer to it by the legal term
Encourage the suspect to express guilt, remorse, or anger towards the victim

35. Tactic #8: Confront the Suspect with False Evidence of Guilt
This approach makes sense when there is more than one person involved in the crime
Information provided by one partner can be embellished on and presented as fact to the other
Possible fear to overcome: blame
The suspect who played a minor part will be fearful of taking all of the blame
Suggest that the evidence points to him, this is the chance to share the blame with others

36. Tactic #9: Praising or Flattering the Suspect
Look for evidence that the suspect is insecure
Did the suspect appear to take pleasure in the act?
Praise and flattery may be a very successful tool to obtain a confession
Possible fear to overcome: insignificance
Praise and supportive statements convey a positive judgment to the suspect

37. Tactic #10: Appealing to the Detective’s Expertise and Authority
This requires an over-confident approach by the interrogator
It puts emphasis on the status of the interrogator and downplays the ability of the suspect to get away with the crime
This tactic allows the interrogator to take charge of an interrogation by suggesting that he or she is much smarter than the suspect
It is used to break down the confidence of the suspect

38. Phase III — Getting the Confession: The Basics
Leave all weapons outside of the interrogation room
Don’t verbally back the suspect into a corner
Don’t invite a denial, ask for an explanation
Don’t interrogate a handcuffed suspect
Avoid initial antagonizing
Don’t make a cross-examination confrontation
Don’t be solicitous or friendly

39. Getting the Confession
Step I: Make the claim
Be honest
Use their first name without title
Do not shout
Do not show anger
Be in close proximity to the suspect

40. Getting the Confession
Step II: Lock it in
No further discussion on innocence
Present an excuse for their actions
Give them good intentions
Minimize their culpability in the crime