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Chapter 19
1.
Interviews Chapter 19
© 2009 Delmar, Cengage Learning
2.
Objectives • Describe and
understand the process of obtaining sufficient information from the scene • Describe the creation of an interview plan • Describe the protection of privileged information and who is entitled to such protection • Describe the Miranda ruling • Describe the various types and methods to document an interview and the benefits of each © 2009 Delmar, Cengage Learning
3.
Case Study • A
homeowner noticed burnt circles in his yard • Investigators talked to three families who had young boys who had been playing with fire • The boys had set campfires in the yard • They had also set some fields on fire and an old shed • In total, 70 fire events over a 2-year span were due to these kids playing around • However, there was no malice involved © 2009 Delmar, Cengage Learning
4.
Introduction • Various types
of interviews to be conducted at any scene – First responder investigator does informal interviews – Assigned investigator handles in-depth interviews • Reading the Miranda Warning – Courts have ruled that this is a function of law enforcement personnel • Assigned investigator such as a fire marshal is an agent of the jurisdiction and even without police powers is considered a law enforcement officer in relation to reading Miranda Rights © 2009 Delmar, Cengage Learning
5.
Interview Before Digging
or Interview After Digging • Interviewing before digging allows the investigator to get as much information as possible about the scene prior to physical examination – Investigator may tend to look for evidence to support what he learned in interview rather than looking at the scene with a clear unbiased mind © 2009 Delmar, Cengage Learning
6.
Interview Before Digging
or Interview After Digging (cont’d.) • Doing the scene examination first allows the investigator to enter with a clear mind – The scene will be examined based on the patterns and the physical evidence © 2009 Delmar, Cengage Learning
7.
Witnesses
Figure 19-1 Interviews sometimes may have to be done on the scene, away from the noise and bustle. © 2009 Delmar, Cengage Learning
8.
Recording Interviews of
Suspects • Arson is a crime of stealth – Investigator must confront the suspect and attempt to solicit as much information as possible • Interviews of suspects or persons of interest are likely to be much more structured • If the investigator desires to record the interview, he or she should have this prepared in advance – Use of recording devices was sanctioned by Supreme Court © 2009 Delmar, Cengage Learning
9.
Recording Interviews of
Suspects (cont’d.) • Regardless of whether the interview will be recorded, the investigator must be prepared to document the interview – Not only necessary to prepare a report of the interview but also important to guide the interview by looking back at items already discussed © 2009 Delmar, Cengage Learning
10.
The Interview • Should
be remembered that victims may present many and varied reactions – There may be feelings of desperation caused by financial loss – A person who started the fire intentionally or negligently may be nervous – Any fire can traumatize the victim © 2009 Delmar, Cengage Learning
11.
Planning • Settling in
period at the beginning – Questions center around matters to confirm the layout of the place and the use of various areas • Investigator should work to develop rapport with the victim prior to any questioning • Interview witnesses separately to avoid getting a composite view • Be sure not to overload interviewees with questions © 2009 Delmar, Cengage Learning
12.
The Communications Process •
Investigator must be a good listener and focus on what is being said and how it is being said • Focus on the present question and do not think ahead to future questions • Avoid anticipating what the interviewee will say • Witnesses recall the event as they saw it • Vocal nuance and nonverbal body movements comprise the majority of the process © 2009 Delmar, Cengage Learning
13.
Nonverbal Communications • Watch
for facial expressions because they are the hardest for a person to control • Nonverbal communications are often referred to as body language – Study of such is a key to the veracity or motives of the speaker – Body language can be significantly influenced by a person’s culture • Study the normal posture and position of the person while he or she answers non-sensitive questions © 2009 Delmar, Cengage Learning
14.
Listen Carefully • Words
spoken can provide a link to the veracity of the statement the person is making • Truthful statements differ from fabricated ones in both content and quality • Listen closely for the normal use of words and key in on changes • For most people, it is difficult to lie overtly • Singular pronouns such as I, me, you, he, and she show responsibility © 2009 Delmar, Cengage Learning
15.
Protected Communications • Times
when communications are protected under the rules of evidence – Normally between clergy and parishioner, doctor and patient, attorney and client, and husband and wife • To examine privileged communications, there are certain common denominators to be considered – Measure is to establish whether there was an expectation of privacy © 2009 Delmar, Cengage Learning
16.
Constitutional Rights • Miranda
v. Arizona is a decision of the U.S. Supreme Court (1966) – Set up guidelines for government interrogation of suspects – Must be adhered to in order to admit into court the evidence gained – Miranda Warning is required during any custodial interview of a suspect – Custody lies in the mind of the defendant • Does the person reasonably feel free to leave? © 2009 Delmar, Cengage Learning
17.
Constitutional Rights (cont’d.) •
Age is not necessarily a barrier to interrogation – Miranda is administered to a juvenile in the same manner as an adult • Under no circumstances should the investigator attempt to advise the suspect on matters of Miranda • At any time, the suspect can terminate the interview and invoke his or her constitutional rights © 2009 Delmar, Cengage Learning
18.
Planning for the
Confession • Interviews often fail when there is not enough time devoted to them • First part of a criminal interview is to confront the crime • Questioning should be based on the facts gathered • Word questions carefully, using professional tones and wording © 2009 Delmar, Cengage Learning
19.
Planning for the
Confession (cont’d.) Figure 19-6 A typical governmental interview room provides minimal distractions for a successful event. © 2009 Delmar, Cengage Learning
20.
The Breaking Point •
Last part of the interview is the breakthrough point • At this point, the suspect has acknowledged his or her participation in the arson • May be advisable to ask the suspect to write out the confession © 2009 Delmar, Cengage Learning
21.
Summary • First responder
investigator has the opportunity to do preliminary interviews • Assigned investigator needs compassion for the victims • Everyone involved in the event must be interviewed • Certain steps taken in the interview of a suspect can provide the best opportunity for critical information as well as a confession © 2009 Delmar, Cengage Learning
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