law enforcement ii interview and interrogation. copyright © texas education agency 2011. all rights...
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Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Copyright and Terms of Service
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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 questioning
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Legal Requirements for an Interview (continued)
The Supreme Court’s decision Was based on the 5th and 6th 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 interrogation
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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
questioning If the subject cannot afford an attorney, one will
be –appointed for him or her prior to questioning
The right to terminate the interview at anytime
Legal Requirements for an Interview (continued)
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Types of People to Interview
Victims and witnesses Determine if an offense has occurred Select 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
interrogation
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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 story
Direct questions toward establishing the validity of witness/suspect statements
Direct questions toward establishing the facts of the incident
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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 answer
Avoid leading or suggestive questions Control your emotions, be patient, or pass
the subject onto another officer
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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 important The interrogation area should be a small, empty room
with minimal furniture and no distractions The room should be sound-insulated to avoid unwanted
noise You may only have one shot at a confession
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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 proven
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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 success
Oftentimes suspects will confess because of emotions or defend themselves with logic
Understanding the suspect’s goals and needs helps you to obtain a confession
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Factors for Success(continued)
Determine Whether to Use an Interview or Interrogation Interviews
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 interrogation
Consist of questions about the subject themselves, the crime, and others that might have been involved
Help 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 information
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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 interview
Their ultimate goal is to obtain a truthful admission or a confession
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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)
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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 admissible Used to establish guilt Made in open court
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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 suspect Write or type the statement in the suspect’s own
words Enter the statement as evidence
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Qualifications of an Interrogator
Patience Self-confidence Adaptability Correct attitude Alertness Courtesy Tactfulness
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Kinetic Interview and Interrogation
No single behavior by itself proves anything
Deceptive 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 repeated
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Kinetic Interviewand Interrogation (continued)
65% Body Language
7% Verbal 12% Voice Quality 16% Miscellaneous
Symptoms
(Hamilton 2001)
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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 Interviewand Interrogation (continued)
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Deceptions should not be pointed out to the subject
Conduct 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 signals
Kinetic Interviewand Interrogation (continued)
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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 speech
Kinetic Interviewand Interrogation (continued)
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Stress Responses
Anger This 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 inward Interviewers 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 problems
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Stress Responses (continued)
Denial The 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)
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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 comment
Modifiers – used to respond to questions but really devaluate the answer
Guilt phrases Stalling mechanisms – create time to formulate an
answer
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Bargaining The disguise of reality Examples are complaints for sympathy,
minimizing, religious remarks, and excessive courtesy
Acceptance Submission to the truth Punishment statements and third person
statements are common
Stress Responses (continued)
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Interrogation Strategies
Emotion dominant Slow and chronological Personalize everything, building the
case a piece at a time Sensory dominant
Move quickly and get to the point Be objective and do not bluff
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Interrogation Strategies (continued)
Logic dominant Logical and accurate Link each piece of evidence and expect
little feedback Ego dominant
Feed the ego Blame everyone else Use case facts only to impeach
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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 patient
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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, 2004
Hamilton, 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
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