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 Dictionary
 A conversation in which facts or statements are
elicited from another.
 To gather and test the validity of information in
order to determine the particulars of the event
under investigation.
 To identify other witnesses, suspects and
victims.
 Victims
 Witnesses
 Complainant: person that contacts officials.
 Eyewitnesses: people who saw what happened.
 No direct knowledge of crime
 Firearms dealer that sells gun to murderer.
 Expert Witnesses
 Psychologist, fingerprint technician, CSI
 Suspects (??)
 And………
 Characteristics of a good Interviewer
 Listen and concentrate on what is being said
 Polite
 Good physical appearance
 Controls emotions (don’t get angry)
 Flexible and persistent
 Sympathetic to suspect situation
 Verbal and non verbal
 In it’s simplest form, the interview consists of a
straightforward description of events”
and
“involves a description of events, behaviour,
feelings, thoughts and intentions”
Gudjonsson 1992
 “Information is the lifeblood of criminal investigation
and it is the ability of investigators to obtain useful and
accurate information from witnesses and victims of
crime and that is crucial to effective law enforcement”.
Director NIJ [cited in Stewart 1985:1]
 “The investigative task is the core aspect of policing
today and what emerges from that core task is the
element of the ability to interview” Evan & Webb
1993:37
 “INTERROGATION” – has a derogatory
connotation
 Public perception
 Media driven
 Abu Ghurayb Prison
 Television
 “Interview” or “Investigative Interview”
 For reports, media releases, court testimony.
 The interview is a complex “consciously managed”
conversation to maximize relevant and valid
information. Managing requires:
 the authority of control in the [one-way] interview process
produces stress and anxiety in subjects [who over-
compensate];
 Be aware both players tend to adduce information
consistent with pre-given assumptions [bias] and
[may] ignore, minimize or distort contrary
information that produces “cognitive dissonance”
and reinforce the risk of bias;
 Identify inhibitors: unwillingness, deception and
inability of the subject [i.e. shock & stress, confusion,
disabilities, memory decay etc.];
 Use facilitators: fulfill mutual expectations; give
recognition & sympathetic understanding, altruistic
appeals, novel experience, catharsis, the need for
meaning and rewards;
 Recognize motivations and resistance: self and other
deceptions, concealing and falsifying, the use of
techniques of neutralization and denial.
Open
Closed
Indicator
 Questions designed to prompt the suspect or
witness to give a narrative response rather than just
a “yes” or “no” answer.
 Used to get specific responses, usually to
clarify information provided during
narrative responses to open ended
questions.
 identification questionsidentification questions
 What color was his hat? Shirt?
 How fast were you driving?
 What kind of car was she driving?
Multiple choice questionsMultiple choice questions
 Was the car a four door or two door?
 Was the suspect running or walking when he left the house?
Yes-No QuestionsYes-No Questions
 Were you in the house when this occurred?
 Do you own a gun?
 Did you point the gun at him?
 Don’t Forget
 “Did you do it?”
 “hurt you wife?”
 “force her to have sex?”
 “take the money?”
 Non-Verbal (Body Language)
 When a person experiences conflict, they become
tense.
 Increase in tension makes them become unstable.
 To reduce tension, they have to expend the energy.
 Movement is the best way to expend energy in order
to reduce tension.
 Truthful personTruthful person
 Appears at ease
 Good eye contact
 Sincere expressions
 Sits upright/leans
forward
 Sits still or changes
position smoothly
 Arms opened
 Attentive and alert
 Deceptive PersonDeceptive Person
 Appears anxious
 Very rigid
 Poor eye contact
 Posture changes
 Slouches
 Nervous movements
 Dry mouth, swallowing
 Crossed arms
 Covers mouth
 Feet tucked under chair
 Yawns, sighs
 Blinking
 Scratching, twisting
hair, rubbing, etc.
 HedgersHedgers
 Leaving themselves an out
 To the best of my knowledge, as far as I know
 I don’t think so, to the best of my memory
 Ex: To the best of my knowledge, I’ve never been
In that neighborhood. WDA
 ModifiersModifiers
 Pretty much, kinda, about, That’s about it
 Basically, probably, maybe
 Lack of conviction to their statement
 QualifiersQualifiers
 Emotional enlistments
 “I swear to God”
 “I swear on my mother’s grave”
 “To tell you the truth”
 “Honestly, Truthfully, Frankly, Really”
 Lie to follow
 General RuleGeneral Rule
 If the answer to your question is either “yes” or “no”
and you get anything else = WDA
 Wrong Damn Answer!!!
 You should explore why is subject/suspect being
deceptive?
 Reporter:
 Have you ever used drugs?
 Clinton:
 “I never violated any law of my country.” WDA
 30 days later same reporter:
 Reporter:
 “Did you ever violate any laws of any other country?”
 Clinton:
 “In England I smoked marijuana, but I didn’t inhale.”
 Newsweek: “This is the question that everyone
want to know- Did you do it?”
 McVeigh: “The only way we can really answer
that is that we are going to plead not guilty.”
 Newsweek: “But you’ve got a chance right
now to say, “Hell no!”
 McVeigh: “We can’t do that.”
 Wife ask, “Are you cheating on me?”
 Husband, “Honey, I love you, why would any
man do anything to mess that up.”
 WDA
 Father to son, “How did that scratch, get on
the car?”
 Son, “to tell the truth, I didn’t even notice it.”
 WDA
 Two FormsTwo Forms
 Concealment
 Leave stuff out, just don’t say it.
 Easiest to do, hardest to detect
 But, more readily forgiven
 Falsify
 Have to construct a lie
 Causes more tension
 Easiest to detect
 Deception Clues: Verbal and Non Verbal
 Mistake will reveal the truth
 Jim Lehrer: “You had no sexual relationship
with this young women?”
 Bill Clinton: “There is not a sexual
relationship.”
 Jim Lehrer: “You had no conversations with
this young woman, Monica Lewinsky, about
her testimony, possible testimony, before—in
giving a deposition?”
 Bill Clinton: “I did not urge anyone to saying
anything that was untrue.”
 Used to buy time to decide on whether to tell
the truth or lie and what lie.
 Repeats the questions verbatim
 Rephrases the question
 Did I break in that house?
 Responds with another question (Who me?)
 Clears his/her throat
 Ask for the question to be repeated
 Laughs, stutters, uh..uh, I..I..I.
 Uses offensive statements to get you off of him.
 You calling me a liar?
 She told you that I did this?
 Are you accusing me?
 Take away his stinger – Should I be?
 You ask anybody, they will tell you that I don’t
steal.
 I go to church every Sunday, I’m a Christian.
 My mom gives me anything I want.
 God as my witness
 I’ve been here for 18 years and have never been
accused of taking anything.
 5 second NOoooooo, No, No, No
 No followed by crossing arms or legs
 No followed by breaking or making eye
contact
 No before question is finished
 Breathless No
 No, followed by ?, Why would I?
 No, followed by, hedger: I don’t think so.
 If person telling the truth and they perceive
that you don’t believe them, they will show
you the same stress shifts as a deceptive
person.
 Truthful person will exhibit same signs as a
deceptive person.
 Use indicator question: What if I told you I don’t
believe you?
 Direct Accusation
 Blame
 Accomplice
 Emotional
 Minimizing the Consequences
 Baiting
 Bluffing
 Overwhelming Evidence
 Approach with folder or notepad closed.
 Video tapes (be careful if bluffing)
 “Jim, our investigations shows that you’re the
one that committed this crime.”
 Wait a couple of seconds and read his reaction
 I know what happened now I have to find out
Why, because it’s important to you and how
you want to look.
 Truthful: will give a strong denial, there is no why
 Deceptive : weak or no denial, Who me?
 Persuasion Phase of the Interrogation
 Move in close and present theme
 Stop denials
 Hold on if you didn’t do anything wrong, you don’t
have anything to worry about, but if you made a
mistake or did something you shouldn’t have, you
need to decide how you want to look?
 Hold on, I want you to just listen to me for a minute
and let me explain a few things, before you say
anything.
 Puts Blame on someone or something else
besides the suspect
 Wife always yelling and screaming, daring you
 The bills, kids need clothes, your not a thief, you
were just trying to help out your family
 If it weren’t for the gambling (drugs, alcohol, etc.)
you would have never done this.
 Multiple suspects
 Divide them and conquer
 You couldn’t of done this by yourself, Roy is telling us
that this was your idea, I don’t believe that, but I got to
hear that from you.
 I know Roy is your friend, but right now your in the
hot seat and you got to think about yourself and how
this is gonna effect you.
 To tell on one is to confess.
 How is this going to effect your family?
 Think about your son and when he does something
wrong.
 The truth is the quickest way to get back to your
family.
 How is this going to effect your poor mama?
 Your little baby girl (her name if you know it), needs
her mama at home?
 You be the judge
 If you had to decide on what to do with the person
that did this, which person would you be more likely
to give a break to
 The liar who despite all the evidence hasn’t come to
terms with what he has done.
 Looks like a thief, career criminal, etc.
 Or the person who just made a mistake and wants to
do the right thing
 Question asked that implies the possible
existence of incriminating evidence for the
purpose of enticing the suspect to consider
changing his denials
 Finger prints, eyewitnesses, footprints
 Video cameras
 DNA
 CSI
 Indicating you have evidence that you don’t.
-Very risky
 We have your fingerprints all over.
 Suspect was wearing gloves or didn’t go where you
say you have prints.
 You could loose your credibility
 Frazier vs. Cupp
 US Supreme Court approved the use of trickery and
deceit.
 You can lie as long at it does not shock the
conscience of the court or community
 Bombard the suspect with confirmed solid
evidence that you have.
 Count it out on your fingers
 This looks really bad for you
 Show him picture of himself and ask him who it is.
 Criticize his sloppy work
 You left so much evidence
 When signs of surrender begin to appear
 Feeling Channel
 Decision to tell the truth or not
 Where you want them
 Suspect lowers his eyes and head
 He may have accepted his guilt and is thinking about
admitting to what he has done.
 Possible tears (no tissues, let it flow)
 Move in close
 Give him alternative between acceptable and
unacceptable reason for committing the crime
 Ask for Confession
 Just tell me what happened
 Once you have your initial admission
 Encourage suspect to talk about the aspects of the
crime.
 Admission should include elements that they would
know if they committed the crime.
 Evidence that you did not reveal
 Note in your report
 Voluntary statement or recorded.
 Stay away from legal terms
 Murder caused death
 Rape forced to have sex
 Steal take
 Confess tell the truth
 Killed hurt
 The best catch all is: “Made a Mistake”
 Until confession then specific.

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Interview and interrogation_powerpoint

  • 1.
  • 2.  Dictionary  A conversation in which facts or statements are elicited from another.
  • 3.  To gather and test the validity of information in order to determine the particulars of the event under investigation.  To identify other witnesses, suspects and victims.
  • 4.  Victims  Witnesses  Complainant: person that contacts officials.  Eyewitnesses: people who saw what happened.  No direct knowledge of crime  Firearms dealer that sells gun to murderer.  Expert Witnesses  Psychologist, fingerprint technician, CSI  Suspects (??)  And………
  • 5.  Characteristics of a good Interviewer  Listen and concentrate on what is being said  Polite  Good physical appearance  Controls emotions (don’t get angry)  Flexible and persistent  Sympathetic to suspect situation  Verbal and non verbal
  • 6.  In it’s simplest form, the interview consists of a straightforward description of events” and “involves a description of events, behaviour, feelings, thoughts and intentions” Gudjonsson 1992
  • 7.  “Information is the lifeblood of criminal investigation and it is the ability of investigators to obtain useful and accurate information from witnesses and victims of crime and that is crucial to effective law enforcement”. Director NIJ [cited in Stewart 1985:1]  “The investigative task is the core aspect of policing today and what emerges from that core task is the element of the ability to interview” Evan & Webb 1993:37
  • 8.  “INTERROGATION” – has a derogatory connotation  Public perception  Media driven  Abu Ghurayb Prison  Television  “Interview” or “Investigative Interview”  For reports, media releases, court testimony.
  • 9.
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  • 11.  The interview is a complex “consciously managed” conversation to maximize relevant and valid information. Managing requires:  the authority of control in the [one-way] interview process produces stress and anxiety in subjects [who over- compensate];  Be aware both players tend to adduce information consistent with pre-given assumptions [bias] and [may] ignore, minimize or distort contrary information that produces “cognitive dissonance” and reinforce the risk of bias;
  • 12.  Identify inhibitors: unwillingness, deception and inability of the subject [i.e. shock & stress, confusion, disabilities, memory decay etc.];  Use facilitators: fulfill mutual expectations; give recognition & sympathetic understanding, altruistic appeals, novel experience, catharsis, the need for meaning and rewards;  Recognize motivations and resistance: self and other deceptions, concealing and falsifying, the use of techniques of neutralization and denial.
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  • 19.  Questions designed to prompt the suspect or witness to give a narrative response rather than just a “yes” or “no” answer.
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  • 21.  Used to get specific responses, usually to clarify information provided during narrative responses to open ended questions.  identification questionsidentification questions  What color was his hat? Shirt?  How fast were you driving?  What kind of car was she driving?
  • 22. Multiple choice questionsMultiple choice questions  Was the car a four door or two door?  Was the suspect running or walking when he left the house? Yes-No QuestionsYes-No Questions  Were you in the house when this occurred?  Do you own a gun?  Did you point the gun at him?  Don’t Forget  “Did you do it?”  “hurt you wife?”  “force her to have sex?”  “take the money?”
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  • 35.  Non-Verbal (Body Language)  When a person experiences conflict, they become tense.  Increase in tension makes them become unstable.  To reduce tension, they have to expend the energy.  Movement is the best way to expend energy in order to reduce tension.
  • 36.  Truthful personTruthful person  Appears at ease  Good eye contact  Sincere expressions  Sits upright/leans forward  Sits still or changes position smoothly  Arms opened  Attentive and alert  Deceptive PersonDeceptive Person  Appears anxious  Very rigid  Poor eye contact  Posture changes  Slouches  Nervous movements  Dry mouth, swallowing  Crossed arms  Covers mouth  Feet tucked under chair  Yawns, sighs  Blinking  Scratching, twisting hair, rubbing, etc.
  • 37.  HedgersHedgers  Leaving themselves an out  To the best of my knowledge, as far as I know  I don’t think so, to the best of my memory  Ex: To the best of my knowledge, I’ve never been In that neighborhood. WDA  ModifiersModifiers  Pretty much, kinda, about, That’s about it  Basically, probably, maybe  Lack of conviction to their statement
  • 38.  QualifiersQualifiers  Emotional enlistments  “I swear to God”  “I swear on my mother’s grave”  “To tell you the truth”  “Honestly, Truthfully, Frankly, Really”  Lie to follow  General RuleGeneral Rule  If the answer to your question is either “yes” or “no” and you get anything else = WDA  Wrong Damn Answer!!!  You should explore why is subject/suspect being deceptive?
  • 39.  Reporter:  Have you ever used drugs?  Clinton:  “I never violated any law of my country.” WDA  30 days later same reporter:  Reporter:  “Did you ever violate any laws of any other country?”  Clinton:  “In England I smoked marijuana, but I didn’t inhale.”
  • 40.  Newsweek: “This is the question that everyone want to know- Did you do it?”  McVeigh: “The only way we can really answer that is that we are going to plead not guilty.”  Newsweek: “But you’ve got a chance right now to say, “Hell no!”  McVeigh: “We can’t do that.”
  • 41.  Wife ask, “Are you cheating on me?”  Husband, “Honey, I love you, why would any man do anything to mess that up.”  WDA  Father to son, “How did that scratch, get on the car?”  Son, “to tell the truth, I didn’t even notice it.”  WDA
  • 42.  Two FormsTwo Forms  Concealment  Leave stuff out, just don’t say it.  Easiest to do, hardest to detect  But, more readily forgiven  Falsify  Have to construct a lie  Causes more tension  Easiest to detect  Deception Clues: Verbal and Non Verbal  Mistake will reveal the truth
  • 43.  Jim Lehrer: “You had no sexual relationship with this young women?”  Bill Clinton: “There is not a sexual relationship.”  Jim Lehrer: “You had no conversations with this young woman, Monica Lewinsky, about her testimony, possible testimony, before—in giving a deposition?”  Bill Clinton: “I did not urge anyone to saying anything that was untrue.”
  • 44.  Used to buy time to decide on whether to tell the truth or lie and what lie.  Repeats the questions verbatim  Rephrases the question  Did I break in that house?  Responds with another question (Who me?)  Clears his/her throat  Ask for the question to be repeated  Laughs, stutters, uh..uh, I..I..I.
  • 45.  Uses offensive statements to get you off of him.  You calling me a liar?  She told you that I did this?  Are you accusing me?  Take away his stinger – Should I be?
  • 46.  You ask anybody, they will tell you that I don’t steal.  I go to church every Sunday, I’m a Christian.  My mom gives me anything I want.  God as my witness  I’ve been here for 18 years and have never been accused of taking anything.
  • 47.  5 second NOoooooo, No, No, No  No followed by crossing arms or legs  No followed by breaking or making eye contact  No before question is finished  Breathless No  No, followed by ?, Why would I?  No, followed by, hedger: I don’t think so.
  • 48.  If person telling the truth and they perceive that you don’t believe them, they will show you the same stress shifts as a deceptive person.  Truthful person will exhibit same signs as a deceptive person.  Use indicator question: What if I told you I don’t believe you?
  • 49.  Direct Accusation  Blame  Accomplice  Emotional  Minimizing the Consequences  Baiting  Bluffing  Overwhelming Evidence
  • 50.  Approach with folder or notepad closed.  Video tapes (be careful if bluffing)  “Jim, our investigations shows that you’re the one that committed this crime.”  Wait a couple of seconds and read his reaction  I know what happened now I have to find out Why, because it’s important to you and how you want to look.  Truthful: will give a strong denial, there is no why  Deceptive : weak or no denial, Who me?
  • 51.  Persuasion Phase of the Interrogation  Move in close and present theme  Stop denials  Hold on if you didn’t do anything wrong, you don’t have anything to worry about, but if you made a mistake or did something you shouldn’t have, you need to decide how you want to look?  Hold on, I want you to just listen to me for a minute and let me explain a few things, before you say anything.
  • 52.  Puts Blame on someone or something else besides the suspect  Wife always yelling and screaming, daring you  The bills, kids need clothes, your not a thief, you were just trying to help out your family  If it weren’t for the gambling (drugs, alcohol, etc.) you would have never done this.
  • 53.  Multiple suspects  Divide them and conquer  You couldn’t of done this by yourself, Roy is telling us that this was your idea, I don’t believe that, but I got to hear that from you.  I know Roy is your friend, but right now your in the hot seat and you got to think about yourself and how this is gonna effect you.  To tell on one is to confess.
  • 54.  How is this going to effect your family?  Think about your son and when he does something wrong.  The truth is the quickest way to get back to your family.  How is this going to effect your poor mama?  Your little baby girl (her name if you know it), needs her mama at home?
  • 55.  You be the judge  If you had to decide on what to do with the person that did this, which person would you be more likely to give a break to  The liar who despite all the evidence hasn’t come to terms with what he has done.  Looks like a thief, career criminal, etc.  Or the person who just made a mistake and wants to do the right thing
  • 56.  Question asked that implies the possible existence of incriminating evidence for the purpose of enticing the suspect to consider changing his denials  Finger prints, eyewitnesses, footprints  Video cameras  DNA  CSI
  • 57.  Indicating you have evidence that you don’t. -Very risky  We have your fingerprints all over.  Suspect was wearing gloves or didn’t go where you say you have prints.  You could loose your credibility  Frazier vs. Cupp  US Supreme Court approved the use of trickery and deceit.  You can lie as long at it does not shock the conscience of the court or community
  • 58.  Bombard the suspect with confirmed solid evidence that you have.  Count it out on your fingers  This looks really bad for you  Show him picture of himself and ask him who it is.  Criticize his sloppy work  You left so much evidence
  • 59.  When signs of surrender begin to appear  Feeling Channel  Decision to tell the truth or not  Where you want them  Suspect lowers his eyes and head  He may have accepted his guilt and is thinking about admitting to what he has done.  Possible tears (no tissues, let it flow)  Move in close  Give him alternative between acceptable and unacceptable reason for committing the crime  Ask for Confession  Just tell me what happened
  • 60.  Once you have your initial admission  Encourage suspect to talk about the aspects of the crime.  Admission should include elements that they would know if they committed the crime.  Evidence that you did not reveal  Note in your report  Voluntary statement or recorded.
  • 61.  Stay away from legal terms  Murder caused death  Rape forced to have sex  Steal take  Confess tell the truth  Killed hurt  The best catch all is: “Made a Mistake”  Until confession then specific.

Hinweis der Redaktion

  1. Find out what the hell happened. And to gather all the information you can.
  2. Types of wittness/ Listener, sight, feel ect.
  3. Persistent; don’t give up easy, time may have a factor in UP. Don’t get angry – disappointed okay that subject not being truthful. Sympathetic- even if done the worse kind of thing, rape, child abuse difficult to deal with. Easier for men to protray sympathy toward wife beater that female officer.
  4. The very mention of the word interrogation can generate images of torture, harsh and illegal actions by police. Police shows and the media attention to the ones where police acted inappropriately, you never hear about the good ones. Because of this Police will often find themselves defending the use of interrogation. In court. you have to be ready to define your interrogations. The second you say interrogation. The jury gets these images of the TV and news versions. We contacted Mr. Anderson advised him of our investigation and then advised him of his rights. Mr. Anderson”, initially he denied any knowledge of the theft, but after presenting him with the evidence he subsequently admitted to taking the money. Defense attorney “don’t you mean when you Interrogated my client until he confessed. “ we advised him of his rights and convinced him that telling the truth was the easiest thing to do. Note: Just because you have a confession, doesn't’ mean you don’t do rest of investigation and evidence collection. Motion to suppress confession is upheld, you need evidence to late to go back and get it. Like, if you don’t take the time to interview witnesses and get contact info, hard to find later. Records, etc. not available later.
  5. Objective : ID Witness (preferably eyewitnesses first): Were you here when this happened? (shot, etc.), tell me what happened? (Don’t forget other witnesseshat might tell you the Why? Just not an eyewitness) Information, evidence, confession, turth. Can I talk to you for a minute, not come here I want to talk to you. Use nice tone. Review the case : look over witness statements and notes and compare as you go along. Know the elements : West Law Dict., you will know everyday charges, uncommon ones need Law Dict ..(Test?) Know the interviewee : ask witnesses “Who it the most important person I the suspects life?” If you know he/she has kids, etc. can use in interrogation?(use the later in confess. Techniques), violent, ask wit and family, what is he going to say, how is he going to react? Location: Safety first, in unit-if sus. Don’t forget free to leave vs. rights! If he ask to get out, will you let him go, be prepared to explain, why unit? Away from suspect and other witnesses. Need to be cool in front of their people. Witnesses are more likely to give a truthful and accurate statement if you interview them separately, away from others, to avoid fears of reprisal or intimidation . Participate: maximum two officers (minors, women esp.), When ? Interview wit. As soon as possible after an incident: memories fade, witnesses compare stories and they change. What will the interview tell you ? Keep in mind there is no legal obligation for the interviewee to provide information. Lieing to the police is not a crime for the most part, FBI diff. story, ? Accessory after the fact-hard to prosecute.
  6. Amazing the effect a hand shake and introduction will have on your subject and his willingness to cooperative. Officer John Windham (John is important, use more on witnesses and cooperative suspects). Sgt. Windham with irrate, yelling screaming ass holes. Gives authority, a lot don’t have parental figure, father figure, and need that extra incentitive to cooperate. Who you work for is more of Detective thing, during follow up, Det. Windham, Burglary Division, Homicide. Etc. , or if travel out of parish, state etc. What you want? Witness or poss. suspect: I’m trying to find out what happened can you help me out? Were you here, do you know the victim (use name)? If fol. Up next day or later, explain investigation. I’m here about a/the shooting that occurred at/on, etc.? Sus.: Can I talk to you about what happened? Hey buddy can I talk to you for a second? Why, I ain’t done nothing wrong? She accusing me? “One”, you probably got the right guy. Respond: “Why, Should she be?” If you haven’t done anything wrong, nothing to worry about, if you made a mistake or bad decisions (not if you murdered, rape, etc.) then I would like to find out why this happened?
  7. Questions designed to prompt the suspect/witness to give a narrative response rather than just a yes or no answer. Resist the urge to interrupt during the narrative response, with additional question, one of the most common errors. Listen to what is being said and concentrate on what is being said and how, look for deceptive indicators ( will go over some of those later), important details left out , ex: I came over around 3:00 we were playing cards inside for about an hour, next thing I know she comes out and starts accusing me of taking her money. It’s 5:00, what happened between 4 and 5 (he left out went in bedroom and took money). Girlfriend comp. simple battery, suspect: what happened? I came over we got in an argument and I left, that’s pretty much it. Pretty much it is when he hit her. Only provide minimal encourgaes: em emm, uh huh, go on, ok etc., designed to keep going, What happened next, what did you do then, Come back with specific questions (closed end questions) after to clarify and get specific answers. Exception: Violent crime just happened or suspect fled the scene, Get your description put it out on radio. Care for injured. If you ask this and they say, what do you want to know, Everything that’s relevant, more is better? Where should I start, at the beginning?
  8. Multiple choice : Gives them a specific choice. Sometimes you will want to put one of the correct choices from prior interviews as one of the options. Border line leading question. Example: Red or black car. Black is color four of you witnesses gave you. In your report, witness said car was black. Good technique: If you ask what color was the car? The Witness is trying to recall, you ask “Was it light or dark?”, ans: Dark. That should be okay. Especially if it is night time. Don’t forget to ask : “Did You do it ?” Did you hurt your wife, force her to have sex, take the money? Not murder, beat up, “Steal”? Once you get admission then be more specific- hurt to stab, shoot, rape, etc. As a negotiator times when talked with person 3 or 4 hours and then ask to come out and here they come, why not sooner, you never asked. Interview/interrogation, early on ask if done it. A lot of officers scared to ask out of fear of accusing the wrong person. Supreme court said okay. No civil remedy for wrongly accusing during interview. Yes and no questions are good for detecting whether or not the subject is telling the truth : Rule of thumb: If they don’t say no they meant “Yes”. Ex: Did you hurt your wife? I love her, why would I hurt her. Q: Did you force her to have sex? We have been dating for 4 weeks, we have had sex before. Q: Did you take the money? My parents give me everything I need, I don’t need there money. Or Noooooooo, Look for a pattern, they constantly respond the same way may be there habit or way of saying NO. Ex: Nope, not me. No uh un. Yeah uh huh.
  9. These are asking for specific information, but the answer should be followed with some narrative. “Yes, I did, I saw Billy out in his back yard, with a shovel, rather than just a yes. 2. Yes, he had on ….. Again: listen for deceptive indicators, Well ummm, let me see, I don’t know, I can’t remember (but them get everything else about that night to a T).
  10. Hand outs: Indicator questions are used to evaluate a persons level of truthfulness or deception. They permit you the opportunity to asses the answer as to what a truthful person would be likely to say vs. what a deceptive person would be likely to say. Used mostly on suspects or in the case of multiple suspects, to determine who done it. Charles Weldon use to walk in with questions and go through each suspect until he found the one. Usually very sucessful. 1 st Question: Truthful: No, if they stole they should be fired, arrested, Liar: yes, if they pay the money back, we all make mistakes. 2 nd Question: Truthful: I don’t know, I wasn’t there (they will try and figure it out). Liar: They are lieing, will attack.
  11. Bi Polar are yes and no questions, closed end questions.
  12. Can you describe the car for me? What color was the car? Possible problems of leading is a witness that wants to help or a know it all might give you the answer that you gave, which could be wrong? Or a deceptive person will purposely give you a different color. Not a bad idea if testing the truthfulness, but be careful. Once a person ties themselve into a response, sometimes hard to get them off of it. Suspects included.
  13. One or the other first and then follow up. Another problem is asking two many questions at once or before the person gives you and answer. Especially if they are lieing, you have a tendency to brake in. Or you will think of a good question and throw it out before they finish.
  14. Better: What happened just before he came up to you? What did you do when he grabbed you? Again, slow and give time for an answer. Hard to do some times, but will get best information.
  15. Better; Is there anything else I need to know?
  16. If you want to impress detectvies get more contact info. Adsi, gives you one phone no., list work, cell in narrative. Get work place info. Also once they and you leave the scene, they may feel more comfortable giving information, so give them the district phone number. Also they may need to add serial numbers, property etc. if victim. Easier if you just add to original. If other Up officer does supp. Not always pulled up and may miss. Do not tell them to call the pawn shop division. Have them contact the divison for the crime, ie. Burglary and that detective can check. Can tell them if they haven’t heard from a Det. In a week cal division. If Witness call if info, home address change. Also you will find that you will be going to same location over and over. Leave a positive impression will get you info more often on the next time.
  17. Play what if.
  18. Just look at all the stuff that’s going on with the deceptive person vs. truthful person. Eye contact: look for the break at critical points, or when you ask questions and the answer would confirm there quilt or innocents coupled with a deceptive response. Were you outside when you heard the shot? Um, I don’t think so? As he looks away. Deceptive persons will you the look me in the eye tactic as a qualifier for how truthful they want to appear. A shy innocent person may not be able to look you in the eye, because of there general fear of the police or an authority figure. Movement same as eye contact, look for sudden changes at critical points. Ex: subject is sitting with his hands crossed (he doesn’t want to answer you) and you ask him, “Is there any reason why your fingerprints would be on that baggie? He crosses his legs, puts his hands over his mouth, looks to the side and says, “I don’t know, there shouldn’t be, cause I didn’t have no dope?” Hand outs: If you really want to increase the tention, mirror their movements. When you are giving your theme as to why they should confess, watch for a change in the posture from a closed “I ain’t talking, admitting to nothing stance” to an open posture, good time to say is that what happened hear and give them an out: everyone involved in the decision on what do to with Jim about this can understand that and would want to help you out, but you got to take the first step.
  19. Hedger: Q: Any reason why your car would have been seen in that neighborhood, yesterday? Maybe not to best of your knowledge three years ago, but yesterday should be fresh in your mind. WDA-Wrong damn anwer. Right answer, not yesterday and I don’t think I’ve ever been in that neighborhood, in that car. Lack of knowledge I don’t recall, leaving themselves an out if you pin them down Modifier: at end of an open question: Tell me what happened? WDA= I picked her up, we went to a movie, we got in an argument, so I took her home and that’s about it . He left out the rape. Bill Clinton interview:
  20. Do you have any drugs in your car? I swear to god, Man I don’t even do drugs ? WDA. Be careful how you ask the question: Are there any drugs in your glove compartment? NO (truthful answer,because they are under the seat) Or do you have any drugs on you? No (again truthful answer, because they are in the car, not on him). Now if you ask the above to questions and then say Do you have any drugs in your car? And you get the I swear deal, you got a better gage on whether or not there are drugs in the car. Also look for your non verbal shifts. If you ask a question you should get an anwer? If “ “ and you get a question back, Why would I? WDA If” “ and you get a statement back, She is a liar, Honestly, I didn’t even notice? WDA
  21. What was the question? Answer should of got= No, Later: I didn’t inhale : Lack of conviction, modifier or qualifier.
  22. Also not that, Husband doesn’t use I, why would I do anything. Pronoun shift, hard to pick up on verbal statements, use on written statements. Basically, use third person instead of first person. He did it and knows why, but knows a man shouldn’t. To tell the truth: When that comes in and it’s not been used, why did they need to preempt that statement. Does that mean that they had been lying about everything else and now the are going to tell you the truth. Be careful not to use this when your testifying. Don’t use this stuff at home, you have to turn it off. Interrogating and Interview require concentration and causes pressure and stress, if you leave this on 24 -7 you want last long. If you concentrate on what everyone is saying and analyze it you will drive your self crazy and those you love crazy. We all exaggerate about the big fish, how bad we are hurt, etc., don’t analyze everystory coming your way. Hell, if you listen close enough to me you’ll find out I’m bullshiting you on some of this stuff.
  23. Concealment: Short answers, no descriptions, no sensory description in statements, particularly to open questions. Ex: He had a something in his hand and held it against my throat. Vs. The knife’s handle was wrapped with black electrical tape, I could feel the rough edge of the blade when he rubbed it against my throat. Listen for vivid details using sensory words ( I felt, I saw, I heard, etc.) Falsify: hedgers, qualifers, modifiers, lack of knowledge, lack of conviction: best I can remember, as far as I know, kind of, that’s about it. Maybe put in Ray Lewis stuff here or next slide.
  24. Had no, is not, past tense answer with presents tense. He had one but it’s over since everyone found out. He had a conversation about her testimony.
  25. Continuously, oblviously not because he didn’t hear them.
  26. Subject yelling screaming, bows up, comes at you while making these statements, or stands up yelling. Calmly: should I be,or Yes, She did, now I want to hear your side of this and give you the opportunity to tell me what happened.
  27. These are barriers to the truth, take this away from him right away. I’m a Christian, great, I’m a Christian too, but that doesn’t mean I don’t make mistakes, Jesus was the only perfect person and he told us that we would make mistakes and that’s when we are suppose to turn to him and ask for forgiveness and then do the right thing. We can’t change the things we done, we ask forgiveness. And then repent. My mom gives me anything I want: and that’s why she is going to be upset, but I know she taught you to do the right thing, what do you want mom to hear, her sons a criminal or he made a mistake and he needs your love right now. I’ve been her 18 years and have never been accused of taking anything : not only did she steal what your there for now ,but she had stolen before and never been accused.
  28. Truthful person will give No with no rise in emotion unless wrongly accused repeatedly. Othello’s Error: Straight “No” = truthful (test)
  29. Othello accuses his wife Desdemona of loving Cassio. Othello tells her to confess since he is going to kill her for her treachery. Desdemona asks Othello to call Cassio to testify to her innocence. Othello says he has already had Cassio murdered. Desdemona realises that she will not be able to prove her innocence and that Othello will kill her.Desdemona: Alas, he is betrayed, and I undone!Othello: Out, strumpet! Weep'st thou for him to my face?Desdemona: O, banish me, my lord, but kill me not!Othello: Down, strumpet! So what was Othello's error? Not the failure to spot how Desdemona was feeling, for he knew she was anguished and afraid. His error was believing that emotions have only one source--he interpreted her anguish as due to the news of her supposed lover's death and her fear as that of an unfaithful wife caught in betrayal. He kills her without considering that her emotions were those of an innocent woman who knows that her intensely jealous husband is about to kill her and she cannot prove her innocence
  30. Pat folder or waive notepad, or pat video tapes. If overwhelming evidence can start this from beginning, get rights in first or get through theme and say, now I’m gonna ask you some questions and you have to make the decision on how you want to look? But before I do that I need to read your rights, because as you know we are required to do this before we ask any questions. But I’m hoping you gonna do the right thing and get all this straight so the people that are going to make the decisions on what to do with Jim are gonna want to help instead of hurt Jim. OK. Or this comes after you interview the suspect and deception indicators and indicator questions lead you to believe this is your suspect. Close you folder and direct accusation. If interview room, get up after interview (usually after indicator questions, come in room and immediately accuse statement. Be ready for an immediate confession.
  31. The closer you are personally the closer you are emotionally. A truthful person will get stronger with the denials and refuse to buy into your theme. A deceptive persons denials will get weaker, which indicates you are making progress. This is different that denying your questions, let them lie about them and make a note. Another good statement : Look the last thing I ever want is for someone to confess to something they didn’t , if your innocent then no matter how bad it looks you defend yourself to your dieing day, but if you did something wrong you need to do the right thing and make this come out as best you can.
  32. She forced you hit her and drove you to it, but you realize that it was wrong and you are sorry, I know that but I got to here that from you. Anyone can understand that. Take away your addiction and you’re a great guy, all you need is some help, but you got to ask for it and it starts right here. It’s not their fault, it the condition there in.
  33. We are gonna give Roy the same opportunity we are giving you and I bet he see that the best thing for him to do is to tell the truth. Someone is gonna step up to the plate and get all the good consideration, if it were me I’d make sure I was the one.
  34. You gonna want him to face his mistakes and do the right thing. I know it’s gonna be tough when he finds out or you have to tell him about this, but it will be much better if you can explain it as a mistake and not look like a criminal You need to do what ever it takes to get this behind you and get back to your family as fast as you can. When the DA and the judge decide what to do you want them to be looking at the best possible person they can. Your mama didn’t raise a liar and thief, she raised you to do the right thing, that doesn’t mean your not gonna make mistakes. Not in a prison and people are more apt to help you with that if your honest, people can’t stand to be lied to . Good trick: Cell phone, check the cell phone and go oh, just the kids. Do you have any kids (let you know if you can use that emotional theme). Do you live with your mom.
  35. I use this one a lot. I gonna write a report on this thing or pc and it’s gonna read one of two things, I investigated this case and got all this evidence, I confronted Joe and he denied it. Or it’s gonna say I contacted Joe and he said that he had a bad drug problem, gambling problem or what ever, and he needed help and was willing to pay it back, go through treatment etc.
  36. What if those fingerprints we got from the scene come back from the lab as yours. To late then you’ll already be branded as a criminal and not someone who made a mistake. DNA- CSI- gives the impression that we can get evidence from anything. You present this as what if, so if they had on gloves, sure that no one saw them or they call you on it you have an out and don’t loose credibility. Guilty: may repeat the question, You got my fingerprints. Well I was there last week. Officer: the lab will be able to tell us if they were fresh or not. Guilty may ask, if crime days old, How long to fingerprints last? If they didn’t leave them who cares. You need to know your case before you use this or bluffing.
  37. Different from baiting. You don’t have and don’t expect to have. Supreme court said that you can lie, but gave examples of shock: police pretended to be a clergy man or defense attorney. Test is : Is what I’m about to say or do likely to make an innocent person confess. If the answer is no go ahead.
  38. Move in close: I always got poked at for touching females. Be careful here, but I think it is very effective. Grab on the arms if standing or sitting. Touching on the knees. Alternative: Joe, just tell me what happened, you’ll feel so much better, your either someone who has a bad drug problem or your thief who doesn’t care. I think you’re a good guy with a bad addiction. Note: suspect may be head down while listening to your theme, keep going til he raises up and then ask is that what happen here? He may go back down, move in, don’t just sit there.
  39. Elements of the crime: the amount of money the took, where they hit their wife, where they took the property. This is not a 1.2,3,4 5 step approach, take as it comes, use as many themes as you need to, when subjects goes into feeling mode or closed to open, ask for it.