TRAITS OF A GOOD INTERVIEWER 1. INTELLIGENCE A. Always be mentally one step ahead of the subject being interviewed B. Do not underestimate the intelligence of your subject. You want to know more about the crime than suspect does OR have them think you know more. 2. PATIENCE/UNDERSTANDING A. Never set a time limit on yourself either mentally or verbally (a time limit gives subject a goal to maintain his story until time is up and he can then leave) Be Patient. B. Never lose your temper. 3. OBJECTIVITY A. The investigator must always be open-minded to a suspect’s innocence/honesty. Let suspect’s actions or words prove otherwise. 4. EMPATHY (i.e. – I feel your pain – this WILL challenge your acting skills) A. Be able to understand and accept the behavior of others. B. You do not have to approve of that behavior. 5. RAPPORT A. Find one or two common points of reference – find the common ground. Communication stops when talking stops. Establishing rapport aids the suspect in thinking “this cop’s not too much different than me” – helps to breakdown barriers/walls. 6. ABILITY TO CHANGE A. Most sources recommend always starting your interview as a nice person. Most subjects especially male will often deflect initial aggressive behavior right back at you. It is easier to escalate than de-escalate. 7. SALESMANSHIP A. The interviewer must convince the subject that is in his/her best interest to confess. In most cases, the fear of punishment outweighs the guilt to confess i.e don’t threaten with prison terms (initially). Possibly the tact of “Hey - I know you’re a good person. Let’s get this behind you and get you back on track to being a productive person to society.” “Hey , there’s been 20 burglaries going on – I don’t think you did them all but if you don’t talk with me they’re going to pin all 20 on you.” Convince them you are looking out for their best interest. Sell yourself – ACT like you like the customer – Complement the customer. 8. PROFESSIONALISM A. It is essential that an investigator make a professional impression. B. This image equates with competency and integrity. Appearance, actions and environment. Be competent and self assured. Acting is important – even if you are the only investigator – they don’t know that – using terms like “we:” (department) or “us” (more than 1) –makes them think you have a lot more info than you do.
INTERVIEWS PURPOSE IS TO OBTAIN INFORMATION It is a formal conversation w/ persons thru which conversation is sought and recorded. Designed to get information through a casual atmosphere. INFORMAL ATMOSPHERE Can be done in a variety of settings; station, on the street, in home, etc. It is non – threatening. ( I understand what you are feeling. Best if I knew everything you know. Could you elaborate on that? That seems very interesting – tell me more.) NON-ACCUSATORY Even though the investigator may ask questions that have to do with the subject’s direct or indirect involvement in a crime, this does not make the interview accusatory. Remember – establish rapport – common ground to enhance the talking/conversation. VARIED ENVIRONMENTS – as stated above – can be done in a variety of places. PROXEMICS ARE KEPT AT THE “SOCIAL DISTANCE” Three (3) to twelve (12) feet from the interviewee. Keeping the subject comfortable is important. Getting into “their personal space” makes people uncomfortable. Interviews can be most successfully accomplished at the social distance. The idea is to put cooperative witness/victim at ease and make them comfortable. Relaxed setting is recommended. NOTE TAKING IS PERMISSABLE Do not take notes until after the suspect has answered the question. Be consistent – if taking notes, take them consistently. Do not take notes only for ‘direct questions’. While you are watching them, they are also watching you. Be aware of missing body language when writing. NO MIRANDA WARNINGS ARE REQUIRED UNLESS THERE IS CUSTODIAL INTERROGATION Offer refreshment, leave door open, show them the restroom locations –creates a non-custodial environment. INTERVIEWER TALKS 10% - INTERVIEWEE TALKS 90% AVERAGE TIME OF INTERVIEW IS APPROXIMATELY THIRTY (30) MINUTES. FURNITURE Chairs – suspect’s chair should not be a comfortable one. Should be shorter or not as high as the interviewer’s chair. This creates a dominant effect. Interviewer’s chair should be on wheels – enables you to ‘roll in’ or ‘roll out’ as you want to invade their space or give them more space – at your discretion. Leaving something on the table-i.e pen, etc will often provoke good non-verbal behavior as stress level of suspect increases (when they pick up the pen, play with it, etc. Suspect’s chair is on a wall so they cannot see the door and devoid of pictures/posters on wall. If they can see the door – psychologically they can focus on it and “If I just make it through that door- I’m free and clear’. Pictures will allow distractions -have them face a blank wall.
INTERROGATIONS PURPOSE IS TO OBTAIN A CONFESSION It is a controlled dialogue directed toward a pre-conceived goal. FORMAL ATMOSPHERE ACCUSATORY IN NATURE The investigator will confront the suspect with his/her guilt. This is done via Positive Confrontation. Positive confrontation – i.e. “There is no doubt about your involvement in the robbery. Now we just need to decide where we go from here.” Positive confrontation is done while standing – this creates dominance. As you roll in to their intimate space and create a stressful environment, you might elicit a response. If it is want you want – reward them by giving some space back to them to help them relax. STRICTLY CONTROLLED ENVIRONMENT No outside distractions. Stay focused and do not allow subject to get distracted. Keep pressure on. PROXIMITY IS CLOSED TO THE PERSONAL TO INTIMATE DISTANCE Three (3) feet to touch. Start out at personal space. As you increase their stress, decrease the space to intimate. This creates psychological pressure and effectively dominates the encounter. Leaning forward to ask a question and then leaning back after a truthful answer rewards subject for his/her candor/honesty. It is often a common mistake to NOT move in on a subject during interrogation. American culture disdains the invasion of personal space and we feel uneasy invading someone’s space. It requires strong self confidence to overcome this discomfort. Keep in mind that proximity in some cultures may be offensive and you may unwittingly offend someone shutting down communication. NO WRITING OR NOTE TAKING BY INTERROGATOR Do not want to break your momentum. MIRANDA WARNINGS ARE REQUIRED IF SUBJECT IS IN CUSTODY Read from a card – ensures wording is accurate. INTERROGATOR TALKS 95% - INTERROGATEE TALKS 5 % UNLIMITED TIME NO SMOKING ALLOWED Smoking is a tension reliever. Keep tension level high. NO TABLES OR DESKS BETWEEN INVESTIGATOR AND SUBJECT No barriers for them to hide behind. DIRECT ALIGNMENT OF CHAIRS FACE TO FACE Frontally aligned but aligned at an angle so subject cannot reach out to handle objects if there is a desk present.
CHAIRS IN PERSONAL PROXIMITY Moving in to intimate spaced increases pressure/stress. Intimate distance – touching to 18” Personal distance – 18” to 36” Social distance – 36” to 12 ft Public distance – 12 ft and more PROXEMICS Study of nature, degree and effect of spatial separation of individuals naturally maintained in social and interpersonal relationships and the manner in which this spatial separation relates to environmental and cultural factors.
BASIC GUIDELINES - Persons are not comfortable revealing sensitive or personal information to a person in authority. - Guilty people also fear being detected. - Aside from normal fears of the “guilty” person, innocent persons are apprehensive as well due to various reasons including: not being believed, loss of esteem by others, retribution, incompetence of investigator. PRIVACY Ideal Location: - free from interruptions and distractions - ensures behavior will be in response to questions not surrounding stimuli - subject may be intimidated in presence of others. Less than Ideal Location - at the very least, separate witnesses from each other.
CATEGORIES OF QUESTIONS Phrase the questions in such a manner that the optimum amount of information can be elicited. OPEN ENDED QUESTIONS - Require a broad response and requires a narrative response. - Evaluate the interviewee’s knowledge - Establish rapport due to less pointed, more open questions - Make it easier for interviewee to lie to you and easier for the guilty interviewee to get caught in a lie. - Truthful responses will be characterized by more lengthy answers and more complete answers. Truthful persons are more forthcoming with details. Examples: What did you see? How would you describe the suspect? What did you do last Friday? CLOSED QUESTIONS - Short answers - time efficient –limited info in a short amount of time, good for instances in need of “flash” info. - they limit information given - invoke greater anxiety on interviewee ASSUMPTIVE QUESTIONS - Assume certain facts – interviewee must agree with basis of question in order to answer questions. - May inhibit the flow of information Caution: Assumptive questions are used the interviewer wants to display knowledge about the investigation. However, assumptive questions should only be used in situations where case facts, witnesses or other evidence is available to verify the assumption. Examples: Did you receive any injury in the accident? (assumes they were involved in an accident) What time did you leave your apartment Friday night ( assumes knowledge of leaving apt) How long were you gone from your apartment last night ( assumes a period of time absent from apt)
NON VERBAL BEHAVIOR A. Truthful Non Verbal Behavior 1. Uses illustrators – talking with your hands. They supplement or enhance spoken words. Gestures which assist verbal communication. Gestures should appear natural and occur at appropriate times. Illustrators appearing artificial or half completed are deceptive. Shaking head yes or no with appropriate response is an example. 2. Displacement activity will be absent – displacement activity is signs of disinterest often used to throw investigators off track. Tense or restless body movements, socially unusual or inappropriate behavior. 3. Clusters of generally truthful non verbal behavior –more than one or two. B. Deceptive Non Verbal Behavior 1. Uses adaptors – very abbreviated form of illustrators i.e. gestures which do not assist verbal communication or contradicts the spoken word. Covering eyes with hand while speaking, covering mouth while speaking, touching, rubbing side of nose. 2. Displacement activity present – grooming gestures, touching/adjusting clothing or jewelry, lint picking, biting fingernails, stroking face, picking face/nose, belching, tapping fingers, toes, crossing arms/legs. 3. Clustering of deceptive non verbal behavior C. Illustrators are non verbal behavior such as gestures, which assist verbal communication to be understood or emphasizes its message. D. Adaptors are non verbal behavior that DOES NOT assist verbal communication; it frequently contradicts or emphasizes its message. E. Displacement activity is an outward manifestation of internal stress caused by telling lies. People can only control or suppress this outward behavior for a period of time . The stress will eventually “leak” out because it must be released. The stress is unconsciously released through nervous activity. 1. Grooming gestures 2. Socially unusual or inappropriate behavior 3. Tense or restless body movements
NON VERBAL BEHAVIOR ASSESSMENT A. Posture Truthful 1. Relaxed and confident 2. Face to face alignment 3. Open position 4. Sitting upright 5. Slight forward lean 6. Relatively constant posture with occasional natural re-positioning. Deceptive 1. Tense and deceptive 2. Evasive alignment – bladed -creates a barrier btwn you and them 3. Closed position –arms/legs crossed 4. Slouched 5. Edge of chair – sitting on edge of chair 6. Frozen –they will attempt to conceal or hold in any outward manifestations. Feet pushed back under chair or pushed outward toward interviewer. B. Head Truthful 1. Slightly tilted 2. Facing straight ahead Deceptive 1. Head down in defeat 2. Head up in avoidance mode 3. Face flushed 4. Face pale C. Eyes Truthful 1. Appropriate eye contact – 40-50% is normal 2. Normal blinking 3. Appropriate “Mode” (Neurolinguistics) Deceptive 1. Too much eye contact 2. Loss of eye contact 3. Rapid blinking 4. Change of “Mode” 5. Blank stare or distant look, squinting, covering eyes w/ hand (an adaptor), closing eyes (adaptor) D. Mouth Truthful 1. Sincere smile with wrinkles around the eyes 2. Appropriate smiling
Deceptive 1. Phony or exaggerate smiling 2. Inappropriate smiling 3. Clicking sound 4. Sighs before answering 5. Dry mouth 6. Clearing Throat 7. Bites or licks lips 8. Sniffling 9. Biting tongue 10. Yawning 11. Belching 12. Excessive swallowing E. Throat Deceptive 1. Pulsating carotid artery 2. Bobbing “Adam’s Apple” 3. Touching throat – especially in females 4. Pulling shirt collar away from neck F. Arms and Shoulders Truthful 1. Unfolded 2. Elbows away from body 3. Straight alignment of shoulders Deceptive 1. Arms folded defiantly 2. Elbows pulled in close to the body 3. Shoulders slumped forward in defeated position 4. Shoulders pulled back defiantly 5. Goose bumps on arms G. Hands Truthful 1. Palms open and upward 2. Hands touch own chest 3. Hands perform illustrators 4. Hand thoughtfully up under the nose Deceptive 1. Clenched fists 2. Pointing away from themselves 3. Tense and abbreviated hand movements 4. Rubbing or touching the nose 5. Rubs or covers eyes and mouth with hand 6. Pulling on earlobes
7. Rubs neck 8. Pulls at shirt 9. Displays grooming gestures 10. Picks nose 11. Steepling of fingers- this is a sign of superiority. Probably will not get a lot of cooperation from this subject. 12. Strokes hair, body or clothing 13. Thumb and forefinger supporting the chin.
Miscellaneous Non Verbal - playing with inanimate objects such as pens, coins, jewelry - repeatedly looking at watch - inappropriate complaints about cold, pain or nervousness Listen carefully for talk about past problems with law Suspects will adamantly deny even unimportant questions Suspects will accuse you of prejudice Suspects will talk about past similar crimes They may state “I know I had every reason to do this” or “I know I am #1 suspect” or “I know it looks bad, but…” May relate personal and physical problems experienced because of this investigation. NEUROLINGUISTICS Study of modes of sensory perception (preferred representational system). People, by natural innate preference will process info in 1 of 3 modes: Visual, Kinesic or Auditory. Determining a Preference: Visual Mode preference people will recall events with upward eye movement Kinesic mode preference people will recall events with downward eye movement Auditory mode preference people will recall events with side to side movement Change in Mode - normally people will recall in their preferred mode - a change in mode indicates a high probability of deception - especially is change of mode is detected with a stressful moment of the interview Determining a Person’s Mode Listen to how a person communicates : An auditory person chooses language that describes sounds i.e screeching tires and loud crash A visual person will describe what they saw visually i.e skidding car and bright flash A kinesic person will speak in terms of feelings i.e. I knew they were going to crash and the car was going way too fast and I was really frightened.
Modes may be determined by watching the person’s eyes. - Visual people will look up and to the Right or Left when recalling. - Auditory people will look straight across either Right or Left – once an auditory person hears their own voice it is not unusual for them to then look down. - Kinesic people will look down to Right or Left Once predominant mode of a person has been determined, it is important to notice any change in mode. Once mode has been determined, it is important to phrase questions to them appropriately, that is, either visually, auditorily or kinesic type of questions. Current research indicates deception can be detected up to 90% accuracy rate using this method. Breakdown of modes among the population include: Visual – 45% Auditory – 45% Kinesic – 10%
UNWITTING VERBAL BEHAVIOR What suspects say and how they say it often gives clues as to whether the statements are true or deceptive. This verbal behavior can be found in our voice and speech, expressions and words that we use and the way we answer certain questions. A. RESPONSE LATENCY: The period of time between the last word of the interviewer’s question and the first word of the subject’s response. The longer the “response latency”, the higher the probability that the forthcoming answer from the subject will be deceptive. Truthful subjects need not think about the truth, only speak it. B. VERBAL HEDGES: Words or phrases that, on their surface, appear to give one message, represent a totally different message. The subject is purposefully “not answering” the question but attempting to create an illusion that his/her answer is in direct response to the question. The time used up by the non responsive answer provides the subject with an opportunity to create a viably believable lie to present. C. EMBELLISHERS: Words or phrases utilized by subject in an effort to make a deceptive answer or statement sound more believable. Watch for: Repeating question back to you Clearing throat before answering Asks “what are you implying”?
That’s about all I know Laughs before answering “But” – negates anything previously said
TRUTHFUL UNWITTING VERBAL BEHAVIOR The truthful subject will generally display these characteristics: 1. Talkative –nothing to hide. The more info I give to this officer the more it will show I am not hiding anything. 2. Wants the truth to be known 3. Displays appropriate knowledge of the crime – I’m here because you want to speak to me about the stolen money vice I’m here about some missing money. 4. Appropriately strong language to describe the crime – ‘victim was murdered’ 5. Tries to narrow the list of suspects –they will suggest realistic suspects and eliminate people they know didn’t do the crime. 6. Argues actual innocence 7. Recommends appropriately strong punishment for whoever did the crime 8. Expresses real feelings 9. May admit having an opportunity to commit the crime 10. Does NOT repeat your question before answering 11. Appropriate response latency
DECEPTIVE UNWITTING VERBAL BEHAVIOR Deceptive subject will generally display these characteristics: 1. Not talkative 2. Wants truth to be hidden 3. Displays inappropriate lack of knowledge of the crime 4. Uses weak language in describing the crime – “I’m here about the missing money”. ‘He pushed me down on the bed vice raped me’ 5. Tries to broaden the list of suspects in the investigation 6. Argues LEGAL innocence – example – decription of perp is 600, 190#, and suspect is 509, 175#. 7. Recommends mild punishment 8. Remains detached and distant 9. Denies any opportunity to commit the crime 10.Repeats your questions back to you (in a stall tactic) 11. Uses the word “story” to describe what happened 12. Long response latency 13. Uses verbal hedges 14. Embellishes – ‘believe it or not’, ‘as God is my witness’, etc Tension relief may be noted by a cracking in the voice or change of pitch. Subject may begin talking faster. Slurs, hesitates, stutters, stammers or develops mental blocks (90% deception) May skip around in sentences or not finish their sentences Saying ‘No’ followed by crossing of arms or legs or presenting other barriers The ‘five second no’ - nnnooooooooo ‘Probably’, ‘to the best of my knowledge’, ‘I can’t recall’, ‘ I don’t think so’, ‘Not that I remember’, are all phrases to hedge their answers just in case you find something contradictory to what they said. BEHAVIORAL ANALYSIS INTERVIEW (BAI) - an investigative tool to assist in determining truth or deception - helps to determine if you are on the right track or barking up the wrong tree - this technique of recognizing deception is just a tool and cannot be offered as evidence of a person’s lack of candor in a court of law (neither can a polygraph). Components of BAI 1. Non Verbal Behavior 2. Unwitting verbal behavior/verbal hedging – ‘uh’, ‘er’, ‘ah’, ‘umm’, etc 3. Behavior provoking questions – those questions which are designed to cause stress in subjects and thereby produce non verbal and verbal behavior than can readily be analyzed for truthfulness or deceptiveness. General Guidelines Evaluate subject’s normal behavior - can be accomplished during background info gathering - observe behavior during non threatening questions
- helps to ascertain is the subject is otherwise troubled Background info may reveal areas which would prohibit confession – i.e. you determine this person is no longer an acceptable suspect. Sterile Setting Conduct BAI in privacy to ensure that “behavior” is in response to questions and not external stimuli. Be alert for “clusters” of behavior. Clusters should be associated closely with the asking of relevant questions Behavior may be cloaked by certain types of individuals. Non Responsive Subjects - individuals with diminished social responsibility (homeless, juvenile). They do not have a lot to lose. - individuals with weak family ties and no standing in community - individuals without respected job/career - those under influence of alcohol or drugs - persons of other cultures - psychotics or persons devoid of conscience ** Be careful when interviewing because subject will also be watching you.** Non Verbal Behavior – also known as body language - outward physical manifestations of internal psychological processes - could normally be monitored and recorded by a polygraph instrument - caused by emotional arousal - fight or flight syndrome may surface –be aware of OFFICER SAFETY - clusters of this behavior will “leak” to the surface under stress. May be able to suppress it for a while, but sooner or later it will show through. Truthful Posture - frontal - comfortable - upright - dynamic Untruthful Posture - non frontal - rigid/frozen - slouched - static - barrier posture –important to note when the barrier posture is assumed – at what point in the question. More than ½ of all communication is non verbal and is generally more accurate and truthful than verbal communication. Body language is nearly involuntary and at the very least not consciously controlled. Reid Associates claim their technique is accurate in detecting deceptive behavior 80-85% of the time. Psychologists say conversational eye contact is about 40%.
VERBAL BEHAVIOR ANALYSIS In response to open ended questions: Suspects will lie more easily and use phrases to cover passages of time such as: - “then after a while” - “a couple of days later” - “ sometime after that” When asked a direct question generalized responses include: - “always do…..” - “ I usually have…” - - “Sometimes I will…” Truthful responses are often: - spontaneous - helpful - concerned - sincere - consistent response Untruthful responses are often: - guarded response – reluctant to offer info - unhelpful –will not help to narrow down list of suspects - unconcerned – try to be calm and nonchalant - insincere – exhibiting other than their normal persona - delayed reponse - mumble or unintelligible like trying to disguise something - nervous laughter or levity - try to bolster their answers i.e “to be honest…”, “to be quite frank…” Juveniles have not established a sense of social responsibility or commitment and may not show any conflict or internal stress when lying due to not having “a lot to lose”. Chemically dependent persons also can fall into this category.
BEHAVIOR PROVOKING QUESTIONS In order to get the best results from this technique, it is essential for the investigator to ask questions that will produce stress and anxiety in a deceptive person. This stress and anxiety will ultimately manifest itself through deceptive non-verbal and unwitting verbal behavior. A. FOUR TYPES OF BEHAVIOR PROVOKING QUESTIONS 1. Irrelevant questions is generally used to establish the “norm”. These questions frequently take the shape of background questions. They have nothing to do with the crime or the issue at hand. Purpose a. To gather information b. To provide the interviewer with the opportunity to sample the subject’s behavior/mode under non stressful conditions. This allows the interviewer to establish a baseline upon which to compare the subject’s behavior as the interview progresses. 2. Relevant question directly confronts the subject about their guilt or innocence. Two types: a. Primary – questions direct involvement with the crime b. Secondary – questions any involvement, however indirect in the crime (may establish conspiracy elements of the crime.) 3. Control questions is designed to cause stress and anxiety in innocent person. It must be something the majority of the population has done. a. It must be broad in scope : “have you ever stolen anything?” “did you ever take a candy bar?” “ have you ever taken a pen from work?” b. It must be similar in nature to the actual crime being investigated c. It must be less severe than the crime in question 4. Projective question is one that is designed to ascertain the “mind-set” of the individual. Projective questions allow the subject being interviewed to project their values to the issues being investigated. -people generally want to be included in the majority of the population and will often ‘project’ their views in a manner to include themselves in that majority. Example – crime of stolen money Q -What do you think should happen to the offender? A – send him to jail Q -What do you think should happen to the offender? A- probation, second chance.
WRITTEN STATEMENT ANALYSIS ** theory exists - within 4 questions (on average) the subject will know what you know about their case. A way to prevent this is to obtain a written statement of what they know and then you can evaluate the statement and base questions on that statement. ** A statement devoid of emotion has a high probability of deception (HPD). Deceptive statement may have a very small or non-existent conclusion. In order to obtain a most pure version of the statement little or no guidance should be given to victim. ‘Write down what you think I should know’ is an example of minimum guidance. Variations in the written word can be compared to the basic normal truthful way of communicating. These variations can reveal deception on the part of the writer before any case information is revealed to the subject. The following categorizes several areas where variations from the norm would normally indicate deception on the part of the writer. 1. DISTRIBUTION OF INFORMATION a. The lead-up – This part of the statement deals with the events immediately preceding the Incident and should on average encompass approximately one-third (1/3) of the total narrative. (use sentences when counting) b. The incident – this part of the statement begins at the first mention of adverse behavior or events in the account. The end of the Incident comes when the adverse behavior or events have ended. Usually occurs when the suspect leaves the scene. This area should, on average, encompass one-third (1/3) of the narrative. c. The conclusion or After-Math – This part of the statement deals with events immediately after adverse behavior or events have ended. The subject will deal with winding up the Incident. This area would then, on average, encompass the last one-third (1/3) of the narrative. 2. EXCESSIVE PRONOUN USAGE a. excessive pronoun usage indicates the subject is mentally editing the statement. b. excessive pronoun usage indicates the subject is being deceptive. 3. LACK OF PRONOUN USAGE (shows lack of commitment) The person who does not use pronouns, particularly during the critical stage of the incident is being deceptive. 4. CHANGES IN LANGUAGE a. Deceptive subjects often change terminology at a key moment in their statement. b. This kind of change indicates an attempt to internally rationalize their actions or detach them from the incident. A change in language reflects a change in reality. *change of verb tense is very important –extremely significant. Normal language is first person, singular, past tense. This is how they will relate the incident – a shift to present tense can indicate the person is now making up the story as he/she goes on vice relating a ‘past’ incident.
5. ORDER OF MATERIAL People will mention, in order of importance, that which means most to them first. Less important information or entities occur later in the statement. Listen to where certain people or events occur in someone’s statement. 6. LANGUAGE SELECTION Truthful victims and truthful suspects will use strong language to describe the events that occurred and the actions of the perpetrator. Non – truthful or deceptive uses mild or ambiguous language. 7. USE OF PARENTHESIS Generally speaking, whatever the writer encloses in parenthesis will be truthful. Shows a high probability of truthfulness (HPT).
The six interrogatories: Who/What/When/Where/Why/How - do not provide all the details needed but provide the information needed for a report. Analysis of the answers is what will reveal the truth. Written Statement Analysis –“Identifying Lies in Disguise” – (out of print) Detection Apprehension – look this up
Planning a Formal Interview Over the last 30 years I have conducted thousands of interviews on issues ranging from employee theft to homicide. Despite that experience, I could not simply review background information on a case, then walk into a room and conduct an effective interview of the suspect. No competent investigator enters a formal interview with a blank sheet of paper. To conduct a proper interview requires preparation. This not only involves developing and analyzing investigative information, but also preparing an interview sheet that will have key questions written out in abbreviated form, followed by sufficient space for taking written notes and documenting follow-up questions. There are a number of benefits to preparing an interview sheet. By writing out key questions in advance, the investigator has the opportunity to think about all of the questions that need to be asked during the interview and the sequence in which different topics should be covered. The interview sheet becomes a road map that keeps the investigator on track and allows him to concentrate on the suspect’s behavior symptoms and responses to the interview questions. Finally, the organization of the interview sends a message to the suspect that the investigator is professional, well-prepared and competent.
Starting the Interview All interviews start with an introduction. In a custodial interview, the investigator would start by explaining that he has been assigned to the suspect’s case and that he would like to get the suspect’s side of the story, but before he can ask any questions he needs to remind the suspect that he has the right to remain silent, the right to an attorney etc. After listing the suspect’s Miranda rights, the investigator would ask, "Do you mind talking to me about this?” If the suspect expresses a willingness to answer questions, the investigator would bring out the formal Miranda waiver and readvise the suspect of his rights and obtain the appropriate written waiver. To obtain a legal Miranda warning, the suspect must be accurately advised of the purpose for the interview. In a non-custodial interview the investigator should start the interview by offering a professional greeting to the suspect then go on to obtain background information, e.g., "Hello Greg, my name is Mr. Jayne. I would like to thank you for coming in. Before we get started, let me just get some background information.” Initial Questions The initial questions asked during an interview are designed to establish rapport, obtain baseline behaviors from the subject and to acclimate the suspect to the interview, in particular that the investigator will ask a question, the suspect will respond to the question and the investigator will write down the suspect’s response. Examples of initial questions include: "Could you please spell "What is your "What do most "What is your "How long have "Are you presently employed?”
your
last first
people current you
name call lived
for me.” name?” you?” address?” there?”
Addressing the Issue Under Investigation There are two categories of questions that address the issue under investigation. The first are behavior provoking questions which are specifically designed to elicit different responses from suspects who are innocent or guilty of the offense. Second are investigative questions which relate to specific aspects of the crime. Behavior provoking questions are fairly standardized and have a logical sequence. It is the investigative questions that require thought and planning. Most formal interviews will address the following six investigative areas: Opportunity (See how close the suspect will place himself to the victim or crime scene) "Tell me everything you did last night between 6:00 and the time you went to bed.” "This shortage occurred on the 22nd of last month. Do you remember that day? Tell me everything you did that afternoon.” "Tell me everything that happened last Saturday night when you babysat for your niece.” "Were you inside Jake’s liquor store last Friday night?” "Did you handle the deposit at any time yesterday afternoon?” Procedures (Establish normal procedures and identify if they were not followed. Many crimes are committed because normal procedures were not followed.) "Tell "Tell
me about the procedures you follow when me what procedures you follow when you put
you fill an ATM.” Mrs. Johnson to bed.”
"Tell me what usually happens once you get "What normal procedures were not followed on (date of crime?)”
home
from
work?”
Access (Identify what special means or knowledge were required to commit the crime and ask the suspect about each of them. An innocent suspect is comfortable acknowledging access. Guilty suspects may lie about having access or be reluctant to acknowledge access.) "Do you have a key to her apartment?” "Do you know the code to turn off the alarm in the office?” "Do you own a blue van?” "Do you have any handguns?” "Have you purchased any ammonium nitrate in the last 6 months?” Propensity (Does the suspect have the psychological makeup to commit the crime?) "Have you ever borrowed any money from the company and replaced it later?” "Has anyone ever approached you asking if you could get some drugs for them?” "Have you ever thought about having sexual contact with one of your students?” "Have you ever been questioned before about starting fires?” "Have you experienced any sexual arousal around any of your students?” "When is the last time you’ve lost your temper?” Motive (How strong are the suspect’s needs for money, esteem, revenge, power etc.?) "What unexpected expenses have you recently had to pay?” "Are you behind on any monthly loan payments?” "In the last 2 months have you asked for any cash advances at work?” "In the last 2 months have you had an argument with (victim)?” Precipitators (A precipitator is an event or circumstance that contributes to the suspect’s decision to commit the crime when it was committed, where it was committed and the manner in which it was committed.) "Did you have anything to drink that evening?” "Have you received any notice of pending legal procedures?” "Has your step-daughter ever accidentally seen your bare penis?” "Did you have a knife or other sharp object with you when you saw her that afternoon?” "In the last month has your relationship with either of your parents changed?” The following guidelines are offered for asking investigative questions: 1. Completely cover one topical area before moving to a new one. This will help organize the interview and also assist the suspect’s memory to focus on one similar area at a time. Skipping back and forth between different areas may cause the investigator to forget to ask important questions within an area and may cause the suspect to become confused and give inaccurate responses. 2. Introduce non-threatening areas before more threatening areas. In most investigations it is less threatening for the suspect to acknowledge having the opportunity to commit the crime than the motive or propensity to commit it. 3. It is beneficial for the suspect to make admissions against self-interest at the beginning of the interview. For example, if it is known that the suspect is currently on probation and is two months
behind on rent, the investigator would cover these areas before getting into the suspect’s opportunity or access to commit the crime. 4. Try to introduce an area with a broad question that requires a narrative response. Ask follow-up questions to clarify ambiguous, incomplete or contradictory information. For example: Q: "Tell me about how your son hurt his arm.” A: "He was downstairs playing video games. I guess he slipped and fell on his right arm. That’s what happened.” FO: "Who witnessed FO: "What time did FO: "What did he strike FO: "When did you decide to go to the doctor?”
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5. Never reveal inside information without first giving the suspect an opportunity to tell the truth. For example, if it is known that a suspect has a prior arrest for drug possession it would be improper to ask, "I see that you were picked up two years ago for possession. What happened there?” Rather, the investigator should give the suspect an opportunity to volunteer to truth, "Have you ever been questioned before by a police officer?” An innocent suspect will typically acknowledge the prior incident. On the other hand, a guilty suspect may lie about it. 6. Ask assumptive questions whenever addressing common behaviors, or when the suspect has already made an admission within the area e.g., "When is the last time you’ve had any marijuana?”; "How much money do you owe on credit cards?”; "When you have arguments with your girlfriend, what do you fight about?”; "Other than that time, what other times have you been questioned by a police officer?” Concluding the Interview A formal interview will conclude in one of three ways. These are suggested closing remarks: (1) The suspect will be interrogated: "Joe, I’m going to step out of the room for a minute to (talk to my partner, make a phone call, check on something). I’ll be back shortly.” When the investigator returns to the room he would confront the suspect and start the interrogation. (2) The suspect’s behavior indicates truthfulness: "Joe, I want to thank you for coming in today. Before you leave, is there anything else about (issue) that you think I should know? This is my business card. If you think of anything, please give me a call.” (3) The suspect cannot be eliminated from suspicion, but the investigator does not want to move into an interrogation: "Joe, that will be all for today. Thank you for coming in. I’m going to check out what you’ve told me and it may be necessary to clarify a few things with you. You’d be willing to come back in and talk to me later, wouldn’t you?” Even though an investigator is very familiar with all aspects of an investigation, it is important to plan out the interview of possible suspects. There are six investigative areas that should be covered during a formal interview. Preparation includes not only deciding what questions to ask within each area, but also the sequence in which the areas are covered. The key questions should be written out in abbreviated form providing an investigator with an interview sheet to guide him through the interview and to document the suspect’s responses to interview questions.
John E. Reid & Associates began developing interview and interrogation techniques in 1947. The Reid Technique of Interviewing® and Interrogation is now the most
widely used approach to question subjects in the world. The content of our instructional material has continued to develop and change over the years. John E. Reid and Associates is the only organization that can teach the current version of our training program on The Reid Technique®.
