Xã hội học - Interviewing and interrogation

FOURInterviewing and InterrogationLEARNING OBJECTIVES Understand the differences and similarities between interviews and interrogation Outline the steps in preparing for an interview and an interrogation Assess the challenges in relying on eyewitness identification Explain the role of hypnosis in criminal investigation Describe Neuro-Linguistic Programming (NLP) Identify interviewing processes and techniques Explain the impact of Miranda v. Arizona and other landmark Supreme Court cases on police interrogation Identify interrogation processes and techniques Understand the methods and importance of documenting an interview and interrogation Explain the importance of listening in an interview and interrogation4-1OBJECTIVES OF THE INTERROGATION PROCESSSuccessful interrogation accomplishes four objectives:Obtaining factsEliminating the innocentIdentifying the guiltyObtaining a confession4-2SIMILARITIES BETWEEN INTERVIEWS AND INTERROGATIONSInterviewsPlanning importantControlling surroundings importantPrivacy or semi privacy desirable InterrogationsPlanning criticalControlling surroundings criticalAbsolute privacy essential4-3(a)SIMILARITIES BETWEEN INTERVIEWS AND INTERROGATIONS (cont'd)InterviewsEstablishing rapport importantCareful listeningProper documentationInterrogationsEstablishing rapport importantCareful listeningProper documentation4-3(b)DIFFERENCES BETWEEN INTERVIEWS AND INTERROGATIONSInterviewsPurpose is to obtain informationMinimal or no preinterview legal requirements; no rights warningCooperative relationship between interviewer and subject likelyInterrogationsPurpose to test information already obtainedExtensive preinterrogation legal requirements; rights warning requiredAdversarial or hostile relationship between interviewer and subject likely4-4(a)DIFFERENCES BETWEEN INTERVIEWS AND INTERROGATIONS (cont'd)InterviewsNo guilt or guilt uncertainModerate planning or preparationPrivate or semiprivate environment desirableInterrogationsGuilt suggested or likelyExtensive planning preparationAbsolute privacy essential4-4(b)PREPARATION FOR INTERVIEWS OR INTERROGATIONSKnow as much as possible about the witnessKnow what crime or crimes were committedLearn as much as possible about the victimEvaluate what is known about the suspect4-5PREINTERROGATION CHECKLISTMany investigators find it useful to complete a pre-interrogation checklist to assist them in adequately preparing for their meeting with the suspect.4-6Do You Have These Facts Regarding the Crime?Check Here1The legal description of the defense2The value and nature of loss3Time, date, and place of occurrence4Description of crime scene and surrounding area5Physical evidence collected6Weather conditions at time of offense7Specific entry/exit points of perpetrator8Approach and departure routes of perpetrator9Methods of travel to and from scene10The modus operandi of the perpetrator11The tools or weapons used12Names of persons having knowledge13Possible motive14Details from other case files thata. point to particular suspectsb. show matching modi operandic. suggest a pattern of criminality(Source: John Fay, unpublished notebook, American Society for Industrial Security, Workshop in Criminal Interrogation (Jacksonville, FL: ASIS, 1981), p. A4-1.CHALLENGES IN RELYING ON EYEWITNESS IDENTIFICATIONThe significance or insignificance of the event to the witnessThe length of the period of observation by the witnessThe lack of ideal conditions for the witnesses4-7(a)CHALLENGES IN RELYING ON EYEWITNESS IDENTIFICATION (cont'd)The psychological factors internal to the witnessThe physical condition of the witnessThe expectancy of the witness4-7(b)EYEWITNESS IDENTIFICATIONResearch indicates this form of identification is often unreliable.Human perception and memory are selective do not make exact copies4-8(Source: Scientific American, 1974, Vol. 231, No. 6, Reprinted by permission.)HYPNOSIS AS AN INVESTIGATIVE TOOL Hypnosis can be used by investigators to aid witness recallCourts have disagreed on whether or not to admit information obtained as a result of hypnosisInvestigators need to be aware of the following potential problems with using hypnosis:HypersuggestibilityHypercomplianceConfabulation 4-9NEURO-LINGUISTIC PROGRAMMING THREE BASIC CONCEPTSNeuro comes from the idea that behavior originates from neurological processes involving the five sensesThen we communicate our life experiences through languageProgramming refers to how we organize our ideas and actions to produce resultsThe investigator understands these concepts and can get in “sync” with the witness4-10STEPS IN INTERVIEW PROCESSInterview consists of:Beginning, middle, end Beginning should be a time:When the investigator can identify himself or herself When the investigator can discuss the purpose for the interviewWhen the investigator establishes rapportMiddleThe investigator gathers informationEndingThank the witness for his/her cooperation4-11COGNITIVE INTERVIEW TECHNIQUEA method of jogging the memory of an eyewitness Encouraging the free flow of thoughts Looking at the event from different perspectives4-12(a)COGNITIVE INTERVIEW TECHNIQUE (cont'd)Four basic techniques to elicit informationAsking the witness to think about the general circumstances Report everything, no matter how minor or unimportant it may appearRecall events in a different orderChange perspectives by looking at the event from the standpoint of a third person4-12(b)THE IMPACT OF MIRANDA V ARIZONA AND OTHER SUPREME COURT CASESThe Supreme Court in the 1960s established a number of legal requirements regarding interrogation of suspectsIssues Involved Included:Fifth Amendment protection against self-incriminationSixth Amendment guarantee of right to counselMiranda v Arizona was the critical decision underscoring rights for suspects being interrogated4-13REQUIREMENTS IMPOSED ON POLICE BY MIRANDA V ARIZONAThe 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 one4-14RIGHTS WAIVER FORMPolice 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.4-15(Rights Waiver Form courtesy Geauga County, Ohio, Sheriff’s Department)ERNESTO MIRANDAThe now famous Miranda rights are critical in the process of interrogating suspects4-16(© UPI/Corbis)THE INTERROGATION PROCESSBeginning the interrogationComposing and asking questionsRecognizing and coping with deceptionVerbal signals and non-verbal signalsStatement analysis4-17INTERROGATION TECHNIQUES AND APPROACHESLogical approachEmotional approachSympathetic approachIndirect approach“Mutt & Jeff” approachPlaying one suspect against another suspect4-18IMPORTANCE OF LISTENING DURING INTERVIEWS AND INTERROGATIONSInvestigators can conduct a successful interview only if they are good listenersListening is as valuable a tool as questioningTo be effective, one must be an active listener4-19COMPARISON TYPES OF INTERVIEW DOCUMENTATION4-20TypeAdvantagesDisadvantagesMemoryQuick and easyLimited absorption and recallMost information lost shortly afterwardNote taking by interviewerSufficient in most casesCaptures salient detailsPrevents need for reinterviewingMay distract or offend witnessMay preoccupy interviewer, creating appearance of inattentivenessMay cause interviewer to miss nonverbal messagesHandwritten or signed statements by witnessUseful if witness cannot testifyCan be used to impeach if witness changes story in courtRequest may be offensive to witnessNot necessary in routine statementsSound or sound-and-visual recordingsRelatively inexpensiveSome equipment portableAll information recorded in witnesses’ own wordsDoes not rely on inaccuracies of memory or another’s notesDoes not distractPrevents unnecessary reinterviewsNot necessary except in the most important casesGenerally not practicalCOMPARISON TYPES OF CONFESSION DOCUMENTATION4-21TypeAdvantagesDisadvantages1. Video-audiotape or movieShows all ,including fairness, procedures, and treatmentEasy to doCan be relatively inexpensiveMay be legal constraintsQuality equipment may be costly2. Audio recordingCan hear conversationsCan infer fairnessSome words or descriptions may be meaningless without pictorial supportNecessitates identifying people and things involved3. Statement written and signed in suspect’s own handwritingCan be identified as coming directly from suspectCan’t see demeanor or hear voice inflectionsSuspect may not agree to procedure4. Typed statement signed by suspectSignature indicates knowledge of an agreement with contents of statementLess convincing than methods described above5. Typed unsigned statement acknowledged by suspectContents of confession or admission are presentAcknowledgement helps show voluntarinessReduced believability of voluntariness and accuracy of contents6. Testimony of someone who heard confession or admission givenContents admissibleCarries little weight with juries