1. Interview vs Interrogation
Cpl D. Gurzynski Baton Rogue Police Dept.

2. Define Interview
A conversation in which facts or statements are elicited from another.

3. Purpose of an Interview
To gather and test the validity of information in order to determine the particulars of the event under investigation.
To identify other witnesses, suspects and victims.

4. Subjects of an Interview
Victims
Witnesses
Complainant: person that contacts officials.
Eyewitnesses: people who saw what happened.
No direct knowledge of crime
Firearms dealer that sells gun to murderer.
Expert Witnesses
Psychologist, fingerprint technician, CSI

5. Interviewer (You) Characteristics of a good Interviewer
Listen and concentrate on what is being said
Polite
Good physical appearance
Controls emotions (don’t get angry)
Flexible and persistent
Sympathetic to suspect situation
Verbal and non verbal

6. Interrogation
Questioning session in which the subject is likely to make incriminating statements or to confess

7. Rapport: The foundation process Interview and Interrogation: What’s the Difference?
Involves a witness
Involves a victim
No Miranda rights
General information
Less demanding
Casual Interview in the field
Information not known
Scattershot approach
Interrogation
Involves a suspect
Involves custody
Requires Miranda
Specific facts
More demanding
Highly structured
Interrogate at the office
Confirm know information
Pin-down approach

8. Interview vs. interrogation
The difference between the two can be determined by the willingness of the subject
Interviewing – the individual is willing to cooperate
Interrogation as the movement of the subject from the “unwilling” chair to the “willing” chair.
An investigators are responsible for changing behavior – to change someone’s mind
In a democratic society out tools are limited to persuasion – no beating, etc.

9. PREINTERROGATION CHECKLIST
Do You Have These Facts Regarding the Crime?
Check Here 1
The legal description of the defense 2
The value and nature of loss 3
Time, date, and place of occurrence 4
Description of crime scene and surrounding area 5
Physical evidence collected 6
Weather conditions at time of offense 7
Specific entry/exit points of perpetrator 8
Approach and departure routes of perpetrator 9
Methods of travel to and from scene 10
The modus operandi of the perpetrator 11
The tools or weapons used 12
Names of persons having knowledge 13
Possible motive 14
Details from other case files that a. point to particular suspects
b. show matching modi operandi
c. suggest a pattern of criminality
Many investigators find it useful to complete a pre-interrogation checklist to assist them in adequately preparing for their meeting with the suspect.
(Source: John Fay, unpublished notebook, American Society for Industrial Security, Workshop in Criminal Interrogation (Jacksonville, FL: ASIS, 1981), p. A4-1.
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18. Open Ended Questions
Questions designed to prompt the suspect or witness to give a narrative response rather than just a “yes” or “no” answer.

20. Close Ended Questions
Used to get specific responses, usually to clarify information provided during narrative responses to open ended questions.
identification questions
What color was his hat? Shirt?
How fast were you driving?
What kind of car was she driving?

21. Multiple choice questions Was the car a four door or two door?
Was the suspect running or walking when he left the house?
Yes-No Questions
Were you in the house when this occurred?
Do you own a gun?
Did you point the gun at him?
Don’t Forget
“Did you do it?”

34. Deception Indicators Non-Verbal (Body Language)
When a person experiences conflict, they become tense.
Increase in tension makes them become unstable.
To reduce tension, they have to expend the energy.
Movement is the best way to expend energy in order to reduce tension.

35. Non-Verbal Indicators
Truthful person
Appears at ease
Good eye contact
Sincere expressions
Sits upright/leans forward
Sits still or changes position smoothly
Arms opened
Attentive and alert
Deceptive Person
Appears anxious
Very rigid
Poor eye contact
Posture changes
Slouches
Nervous movements
Dry mouth, swallowing
Crossed arms
Covers mouth
Feet tucked under chair
Yawns, signs
Blinking
Scratching, twisting hair, rubbing, etc.

36. Verbal Indicators Hedgers Leaving themselves an out Modifiers
To the best of my knowledge, as far as I know
I don’t think so, to the best of my memory
Ex: To the best of my knowledge, I’ve never been
In that neighborhood WDA
Modifiers
Pretty much, kinda, about, That’s about it
Basically, probably, maybe
Lack of conviction to their statement

37. Qualifiers
Emotional enlistments
“I swear to God”
“I swear on my mother’s grave”
“To tell you the truth”
“Honestly, Truthfully, Frankly, Really”
Lie to follow

38. Timothy McVeigh
Newsweek: “This is the question that everyone want to know- Did you do it?”
McVeigh: “The only way we can really answer that is that we are going to plead not guilty.”
Newsweek: “But you’ve got a chance right now to say, “Hell no!”
McVeigh: “We can’t do that.”

39. Emotional Enlistment Wife ask, “Are you cheating on me?”
Husband, “Honey, I love you, why would any man do anything to mess that up.”
Father to son, “How did that scratch, get on the car?”
Son, “to tell the truth, I didn’t even notice it.”

40. Deception Two Forms Concealment Falsify
Leave stuff out, just don’t say it.
Easiest to do, hardest to detect
But, more readily forgiven
Falsify
Have to construct a lie
Causes more tension
Easiest to detect
Deception Clues: Verbal and Non Verbal
Mistake will reveal the truth

41. Stalling Method
Used to buy time to decide on whether to tell the truth or lie and what lie.
Repeats the questions verbatim
Rephrases the question
Did I break in that house?
Responds with another question (Who me?)
Clears his/her throat
Ask for the question to be repeated
Laughs, stutters, uh..uh, I..I..I.

42. The Blamer Uses offensive statements to get you off of him.
You calling me a liar?
She told you that I did this?
Are you accusing me?
Take away his stinger – Should I be?

43. Honorable Associations- Barriers to the truth
You ask anybody, they will tell you that I don’t steal.
I go to church every Sunday, I’m a Christian.
My mom gives me anything I want.
God as my witness
I’ve been here for 18 years and have never been accused of taking anything.

44. Ways to Say “No” = “Yes” 5 second NOoooooo, No, No, No
No followed by crossing arms or legs
No followed by breaking or making eye contact
No before question is finished
Breathless No
No, followed by ?, Why would I?
No, followed by, hedger: I don’t think so.

45. Interrogation Techniques/Themes
Direct Accusation
Blame
Accomplice
Emotional
Minimizing the Consequences
Baiting
Bluffing
Overwhelming Evidence

46. Direct Accusation Approach with folder or notepad closed.
Video tapes (be careful if bluffing)
“Jim, our investigations shows that you’re the one that committed this crime.”
Wait a couple of seconds and read his reaction
I know what happened now I have to find out Why, because it’s important to you and how you want to look.
Truthful: will give a strong denial, there is no why
Deceptive : weak or no denial, Who me?

47. Theme or Tactic Persuasion Phase of the Interrogation
Move in close and present theme
Stop denials
Hold on if you didn’t do anything wrong, you don’t have anything to worry about, but if you made a mistake or did something you shouldn’t have, you need to decide how you want to look?
Hold on, I want you to just listen to me for a minute and let me explain a few things, before you say anything.

48. Blame Theme
Puts Blame on someone or something else besides the suspect
Wife always yelling and screaming, daring you
The bills, kids need clothes, your not a thief, you were just trying to help out your family
If it weren’t for the gambling (drugs, alcohol, etc.) you would have never done this.

49. Accomplice Multiple suspects Divide them and conquer
You couldn’t of done this by yourself, Roy is telling us that this was your idea, I don’t believe that, but I got to hear that from you.
I know Roy is your friend, but right now your in the hot seat and you got to think about yourself and how this is gonna effect you.
To tell on one is to confess.

50. Emotional How is this going to effect your family?
Think about your son and when he does something wrong.
The truth is the quickest way to get back to your family.
How is this going to effect your poor mama?
Your little baby girl (her name if you know it), needs her mama at home?

51. Minimizing the Consequences
You be the judge
If you had to decide on what to do with the person that did this, which person would you be more likely to give a break to
The liar who despite all the evidence hasn’t come to terms with what he has done.
Looks like a thief, career criminal, etc.
Or the person who just made a mistake and wants to do the right thing

52. Baiting
Question asked that implies the possible existence of incriminating evidence for the purpose of enticing the suspect to consider changing his denials
Finger prints, eyewitnesses, footprints
Video cameras
DNA
CSI

53. Bluffing Indicating you have evidence that you don’t. -Very risky
We have your fingerprints all over.
Suspect was wearing gloves or didn’t go where you say you have prints.
You could loose your credibility
Frazier vs. Cupp
US Supreme Court approved the use of trickery and deceit.
You can lie as long at it does not shock the conscience of the court or community

54. Overwhelming Evidence
Bombard the suspect with confirmed solid evidence that you have.
Count it out on your fingers
This looks really bad for you
Show him picture of himself and ask him who it is.
Criticize his sloppy work
You left so much evidence

55. Alternatives When signs of surrender begin to appear Feeling Channel
Decision to tell the truth or not
Where you want them
Suspect lowers his eyes and head
He may have accepted his guilt and is thinking about admitting to what he has done.
Possible tears (no tissues, let it flow)
Move in close
Give him alternative between acceptable and unacceptable reason for committing the crime
Ask for Confession
Just tell me what happened

56. Corroborate Confession
Once you have your initial admission
Encourage suspect to talk about the aspects of the crime.
Admission should include elements that they would know if they committed the crime.
Evidence that you did not reveal
Note in your report
Voluntary statement or recorded.

57. ERNESTO MIRANDA
The now famous Miranda rights are critical in the process of interrogating suspects
(© UPI/Corbis)
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58. THE IMPACT OF MIRANDA V ARIZONA AND OTHER SUPREME COURT CASES
The Supreme Court in the 1960s established a number of legal requirements regarding interrogation of suspects
Issues Involved Included:
Fifth Amendment protection against self-incrimination
Sixth Amendment guarantee of right to counsel
Miranda v Arizona was the critical decision underscoring rights for suspects being interrogated
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59. REQUIREMENTS IMPOSED ON POLICE BY MIRANDA V ARIZONA
The police are required to advise in-custody suspects of:
The right to remain silent
The right to be told that anything said can and will be used against him or her in court
The right to consult with an attorney prior to answering any questions and the right to have an attorney present during the interrogation
If the suspect cannot afford to pay for an attorney, the court will appoint one
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60. RIGHTS WAIVER FORM Police departments use these forms to document:
Rights have been given to the suspects.
Suspects acknowledge they understand the rights.
Suspect signs waiver of their rights.
(Rights Waiver Form courtesy Geauga County, Ohio, Sheriff’s Department)
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61. COMPARISON TYPES OF INTERVIEW DOCUMENTATION
Advantages
Disadvantages
Memory
Quick and easy
Limited absorption and recall
Most information lost shortly afterward
Note taking by interviewer
Sufficient in most cases
Captures salient details
Prevents need for reinterviewing
May distract or offend witness
May preoccupy interviewer, creating appearance of inattentiveness
May cause interviewer to miss nonverbal messages
Handwritten or signed statements by witness
Useful if witness cannot testify
Can be used to impeach if witness changes story in court
Request may be offensive to witness
Not necessary in routine statements
Sound or sound-and-visual recordings
Relatively inexpensive
Some equipment portable
All information recorded in witnesses’ own words
Does not rely on inaccuracies of memory or another’s notes
Does not distract
Prevents unnecessary reinterviews
Not necessary except in the most important cases
Generally not practical
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62. COMPARISON TYPES OF CONFESSION DOCUMENTATION
Advantages
Disadvantages
1. Video-audiotape or movie
Shows all ,including fairness, procedures, and treatment
Easy to do
Can be relatively inexpensive
May be legal constraints
Quality equipment may be costly
2. Audio recording
Can hear conversations
Can infer fairness
Some words or descriptions may be meaningless without pictorial support
Necessitates identifying people and things involved
3. Statement written and signed in suspect’s own handwriting
Can be identified as coming directly from suspect
Can’t see demeanor or hear voice inflections
Suspect may not agree to procedure
4. Typed statement signed by suspect
Signature indicates knowledge of an agreement with contents of statement
Less convincing than methods described above
5. Typed unsigned statement acknowledged by suspect
Contents of confession or admission are present
Acknowledgement helps show voluntariness
Reduced believability of voluntariness and accuracy of contents
6. Testimony of someone who heard confession or admission given
Contents admissible
Carries little weight with juries
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