1. 1 Techniques for Interrogation Chapter 12

2. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-2 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.

3. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-3 Purpose of the Interrogation The primary purpose is to obtain the truth A secondary purpose is to document the lies when the truth is not forthcoming Obtain a Confession or Admission Both are known as inculpatory statements  i.e. statements that put the blame on someone They are treated the same under constitutional analysis

4. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-4 Slam-Dunk Approach to Interrogation When the interrogator forcefully claims that the suspect is guilty and does not allow him to deny 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

5. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-5 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

6. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-6 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

7. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-7 Custodial Interrogation Situations Occurs when the suspect is under arrest or is not free to leave because arrest is impending The offender must be given his rights per Miranda  The suspect must understand these rights and make a intelligent, knowing and voluntary waiver of these rights for an interrogation to take place

8. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-8 Interrogation Phase I - Preparation Phase I is about the interrogator establishing control over the interrogation  The first three steps are the same as for interviewing preparation Step One: Know the Case Step Two: Determine Prior Record Step Three: View the Scene Step Four: Establish the Timing Step Five: Determine who will Interrogate

9. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-9 Interrogation Phase II – Develop Outcome-Based Tactics These are persuasive arguments that are designed to overcome the resistance of a guilty suspect to confess

10. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-10 Tactic #1 An Appeal to the suspect’s self-interest 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” Possible fear to overcome: retaliation  Empathize with the dilemma that the suspect faces  Their best option is to cooperate with the police

11. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-11 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

12. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-12 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

13. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-13 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

14. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-14 Tactic #5 Asking specific behavioral analysis interview questions Look for behavioral indicators of nervousness, sweating, or frequent licking of lips or wiping of eyebrows 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

15. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-15 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

16. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-16 Tactic #7 Offering moral justifications and face-saving excuses Minimize the crime and never refer to it by the legal term Encourage the suspect to express guilt, remorese, or anger towards the victim 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

17. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-17 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

18. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-18 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

19. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-19 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 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

20. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-20 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

21. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-21 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

22. Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 12-22 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