techniques for interrogation
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Techniques for Interrogation. Chapter 12. Defining the Role of the Interrogator to the Suspect. Interpersonal Theory Humans interact within these two boundaries Dominance Affiliation. Complementary Principle. Two major assumptions Interpersonal behaviors invite reciprocal behaviors - PowerPoint PPT PresentationTRANSCRIPT
12-1© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin
Techniques for Interrogation
Chapter 12
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-2
Defining the Role of the Interrogator to the Suspect
Interpersonal Theory Humans
interact within these two boundaries
DominanceAffiliation
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-3
Complementary Principle Two major assumptions
Interpersonal behaviors invite reciprocal behaviors
Over time these lead to a repetitive pattern of relating
The interrogator should establish a status role or connect through a rapport relationship
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-5
Dominant Relationship Pairing
A person’s recognition of the status of another brings the opposite complementary response in a dominant relationship
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Expectations: a Dominant Relationship Pairing
The suspect will be submissive when the interrogator is dominant
The suspect will be cooperative when the interrogator acts distrustful
The suspect will be friendly in response to the hostile interrogator
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-7
Affiliation Relationship Pairing
When a connection develops through rapport the affiliation between the suspect and the interrogator elicits the corresponding complementary response
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-8
Expectations: an Affiliation Relationship Pairing
The suspect will respond friendly when the interrogator is friendly
The suspect will respond cooperatively when the interrogator is cooperative
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-9
Purpose of the Interrogation The primary purpose
is to obtain a statement from the suspect that acknowledges or indicates the guilt of that person
A secondary purpose is to document the lies when the truth is not forthcoming
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-10
Confession vs. Admission Both are known as inculpatory
statements I.e., statements that put the blame
on someone They are treated the same under
constitutional analysis
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-11
Confession Is a statement made by a
defendant disclosing his guilt of the crime with which he is charged and excluding the possibility of a reasonable inference to the contrary
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-12
What Does a Confession Contain? It is admitting to his or her role in
having committed a crime It is not limited to words but may
be inferred through the demeanor, conduct, and acts of the person charged with a crime I.e., a person acts out HOW he
killed the girl
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Admission Is a statement of guilty conduct,
containing only facts from which guilt may be inferred May be any information regarding
the suspect and his or her role or relationship to the crime, the victim, or the place of the offense
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-14
What Does an Admission Contain?
A suspect may admit to pulling down the pants of a 2-year-old girl but denies that any criminal act took place, such as an indecent touching of her genitals
The suspect has denied criminal conduct but admitted to having the opportunity and relationship with the child
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-15
The Role of a Confession
It is only part of the investigation process Not the primary
method of gathering evidence
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-16
Over-reliance on a Confession is Bad! May warp the investigation if
collecting evidence is made secondary
May cause the case to be dropped if the confession is found inadmissible and no other evidence of guilt exists
A common view is that a confession alone is not enough to prove a person guilty
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-17
Slam-Dunk Approach to Interrogation When the interrogator
forcefully claims that the suspect is guilty and does not allow him to deny
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Slam-Dunk Approach to Interrogation 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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-19
Interrogation Approach Interrogation tactics
may be based on the offender Offenders differ
based on the level of guilt they experience
EmotionalNonemotional
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Interrogation Approach
Interrogation tactics may be based on an assessment of the suspect Determine offender strengths and
weaknessesGuilt, remorse, or entitlement
may be exploited
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-21
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 timeThe awareness may be based on
the location of the interrogationThe attitude of the interrogatorFollow through by not arresting the
suspect
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-22
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-23
Custodial Interrogation Situation
Occurs when the suspect is under arrest or is not free to leave because arrest is impending
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Miranda in a Custodial Interrogation Situation The offender must be given his
rights per Miranda The suspect must understand
these rights and make a knowing waiver of these rights for an interrogation to take place
The suspect must make a voluntary waiver of these rights for an interrogation to take place
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Interrogation Phase I — Preparation Phase I is about the interrogator
establishing control over the interrogation
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Interrogation Phase I — Preparation
Step One: Determine who will interrogate
Step Two: Understand the law Step Three: Know the case Step Four: Establish the timing Step Five: Determine the location
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-27
Interrogation Phase II — Develop Outcome-Based Tactics These are
persuasive arguments that are designed to overcome the resistance of a guilty suspect to confess
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-28
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-29
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-30
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”
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-31
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-32
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-33
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-34
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, remorse, 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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-35
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-36
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-37
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 to 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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-38
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-39
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
12-40
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