Law Enforcement II Interview and Interrogation - PowerPoint Presentation

Slide1

Law Enforcement II

Interview and InterrogationSlide2

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Contact

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with any questions you may have.Slide3

Legal Requirements for an Interview

Miranda v. Arizona

Miranda

was arrested at his home and taken to a police station for questioning in connection with a kidnapping and a

rape

He

was 23 years old, poor and completed only half of the ninth

grade

Officers

interrogated him for two

hours,

resulting in a written

confession

Miranda

was convicted of kidnapping and

rape

The

issue was this, must police inform a person subjected to custodial interrogation of his/her constitutional rights involving self-incrimination and the right to counsel prior to

questioningSlide4

Legal Requirements for an Interview (continued)

The Supreme Court’s decision

Was

based on the 5

th

and 6

th

amendment

requirements

Stated that evidence

obtained by the police during custodial interrogation cannot be used in court unless the subject was informed of the

Miranda rights

prior to

interrogationSlide5

Miranda

Warning (rights)The right to remain

silent

Any

statement made may be used in a court of

law

The

right to have an attorney present during the

questioningIf the subject cannot afford an attorney, one will be –appointed for him or her prior to questioningThe right to terminate the interview at anytime

Legal Requirements

for an Interview

(continued)Slide6

Types of People to Interview

Victims and witnessesDetermine if an offense has occurredSelect the correct offense title

Identify the suspect as fully as possible

Obtain any information that might be pertinent to a follow-up investigation

Witnesses (the same criteria as victims)

Suspects – to gather information for the interrogationSlide7

Strategies for Interview and Interrogation

Know what information you have and what information you need to obtain from the suspect

Establish

rapport by asking questions unrelated to the

case

Keep

the subject talking and allow

him or her

to tell his or her own storyDirect questions toward establishing the validity of witness/suspect statementsDirect questions toward establishing the facts of the incidentSlide8

Strategies for Interview and Interrogation (continued)

Confront suspects with any discrepancies with known facts

Avoid

closed (yes or no)

questions – instead have

subjects explain

their answers

Avoid rapid fire

questions to allow the subject time to answerAvoid leading or suggestive questionsControl your emotions, be patient, or pass the subject onto another officerSlide9

Factors for Success

Prepare for the interrogation

Setting

and environmental

concerns

It

is crucial for the interrogator to control not only the physical environment of an interrogation, but also the subject being interrogated and the topic of

discussion

The setting of an interrogation is also very importantThe interrogation area should be a small, empty room with minimal furniture and no distractionsThe

room should be sound-insulated to avoid unwanted

noise

You

may only have one shot at

a confessionSlide10

Factors for Success(continued)

Prepare for the interrogation (continued)

Knowledge

of case facts

It is essential that the interrogator know as many facts of the case as possible, including how the crime was

committed

Many times if you can tell the suspect how the crime was committed, they will tell you the reason it was

committed

This technique is somewhat risky because the interrogator will lose credibility with the suspect if he or she provides facts that have not yet been provenSlide11

Factors for Success(continued)

Prepare for the interrogation (continued)

Familiarity

with suspect’s

background

Knowledge

of the suspect’s history is important in an

interrogation

If you understand a suspect’s feelings, attitudes, and personal values, you stand a greater chance of successOftentimes suspects will confess because of emotions or defend themselves with logicUnderstanding the suspect’s goals and needs helps you

to obtain

a

confessionSlide12

Factors for Success(continued)

Determine Whether to Use an Interview or InterrogationInterviews

Occur

prior to an interrogation

Are

used by investigators to learn information about the suspects, including fears, concerns, and

attitudes

which may later be useful in the

interrogationConsist of questions about the subject themselves, the crime, and others that might have been involvedHelp investigators identify verbal and nonverbal behaviors exhibited by the

suspects

Help

build rapport and establish common

ground

Used

to determine if

the need

for an interrogation

exists

Are used to

gather informationSlide13

Factors for Success(continued)

Determine Whether to Use an Interview or Interrogation (continued)

Interrogations

Processes

that

bring

the investigation to a

close

Statements obtained during the interview are used to confront the suspect(s)Controlled by the investigators, they do not take notes, since they should have obtained all the information needed during the interviewTheir ultimate goal is to obtain a truthful admission or a confessionSlide14

Factors for Success(continued)

Document the Confession

Take

care of the details prior to beginning the

interrogation

The

interrogators risk being unsuccessful if they have to stop to take care of paperwork, change audio tapes, etc.

Audio

and video recordings should always occur during an interrogation (oral statement) Have the suspect write a statement and sign it so that, in case the audio and video fail, there is still evidence admissible in court (written statement)Slide15

Legal Requirements for Conducting Interrogations

The officer’s duty is to warn the suspect who is in custody of his or her rights

prior to obtaining

a statement

Oral

Statements

(

Criminal Code of Procedure (CCP) Article 38.22 section 3a

)A res gestae statement is admissibleUsed to establish guiltMade in open courtSlide16

Legal Requirements for Conducting Interrogations (continued)

Written Statements (CCP Article 38.22 section 1 and 2

)

Record

information from person

involved

Make

notes during

the interview – review and correct them with the suspectWrite or type the statement in the suspect’s own wordsEnter the statement as

evidenceSlide17

Qualifications of an Interrogator

PatienceSelf-confidenceAdaptabilityCorrect attitudeAlertnessCourtesy

TactfulnessSlide18

Kinetic Interview and Interrogation

No single behavior by itself proves anythingDeceptive behaviors are diagnosed in

clusters (two

or more signals appearing at the same

time)

Behaviors

that are significant are those that are inconsistent when stimuli are repeatedSlide19

Kinetic Interviewand Interrogation (continued)

65% Body Language7% Verbal

12% Voice Quality

16% Miscellaneous Symptoms

(

Hamilton 2001)Slide20

Symptoms

are easier to decipher when the subject is not in control of his or her communication flow; they do not have a prepared line of thought

The

interviewer must identify a

baseline

for the subject’s normal behavior and then look for

changes

Changes

in behavior will be timely about 3 to 5 seconds after the critical stimulus

Kinetic Interview

and Interrogation

(continued)Slide21

Deceptions

should not be pointed out to the subjectConduct a reality check. Do the facts of the case fit the behavior

exhibited?

The

observing and interpreting of human kinetic behavior is hard

work

It’s

easier for a person to control

his or her verbal kinetic signals than his or her nonverbal signalsKinetic Interviewand Interrogation (continued)Slide22

Deceptive

persons are 90% more likely to experience speech dysfunction than truthful persons (Hamilton 2001)

.

Speech dysfunction occurs because the person is unable to maintain a clear

line of thought

A

total lack of body movement is as unnatural as excessive body

movement

Look for body language that is inconsistent with the suspect’s speechKinetic Interviewand Interrogation (continued)Slide23

Stress Responses

AngerThis

response is used to gain control. Do not get pulled into a subject’s anger; it results in

closure

Forms

of anger are covert, focused, and

rage

Depression

The opposite form of anger, or anger turned inwardInterviewers should empathize with depression and pull out the negative

comments

Reactive

behavior, person speaks of feeling depression, health problems, trouble with personal life,

etc.

Blames

the issue at hand for causing problemsSlide24

Stress Responses (continued)

DenialThe

rejection of

reality

When

discussing critical areas, deceptive subjects have more frequent occurrences of memory failure then

honest people

More

than 90% of deceptive behavior is presented in denial (Hamilton 2001)Slide25

Stress Responses (continued)

Denial (continued)Symptoms

Memory lapse – focus

the subject’s attention on the inability to

recall

Denial

flag

expressions – may

preface a deceptive commentModifiers – used to respond to questions but really devaluate the answerGuilt phrasesStalling mechanisms – create time to formulate an answer Slide26

Bargaining

The disguise of reality

Examples

are complaints for sympathy, minimizing, religious remarks, and excessive

courtesy

Acceptance

Submission

to the

truthPunishment statements and third person statements are commonStress Responses (continued)Slide27

Interrogation Strategies

Emotion dominantSlow and chronological

Personalize

everything, building the case a piece at a

time

Sensory dominant

Move

quickly and get to the

pointBe objective and do not bluffSlide28

Interrogation Strategies (continued)

Logic dominantLogical and

accurate

Link

each piece of evidence and expect little

feedback

Ego dominant

Feed

the egoBlame everyone elseUse case facts only to impeachSlide29

Confession Signals

Stop talking and start listening

Show

acceptance and give the subject a way

out

Use

common sense and do not promise things over which you have no

control

Remember to be courteous and patientSlide30

Resources

Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) Investigator’s Course http://www.tcleose.state.tx.us/Texas Code of Criminal Procedure and the Family Code http://www.statutes.legis.state.tx.us/Officer’s Interrogation Handbook, Matthews Bender & Company, Inc., Charlottesville, 2004Hamilton, Cheryl.

Communicating for Results.

Wadsworth, Thomson Learning. U.S., 2001

Do Internet search using the following key terms:

Gastonia Officer Shot Witness Interview Part 2

Nathan’s Interrogation Video