Effective Interviewing and Interrogation Techniques

CJ 397

Introduction to Security

Truth and Lies•Operating definition of the truth:

the deliberate, complete and objective communication (verbal, written, or by gesture) of the recollection of a person, place, thing and/or event, which the communicator believes to exist, have existed, or occurred.•Untruth (a lie)

the deliberate communication to another, either verbally, written or by gesture, of something that the communicator knows or suspects is not the case: or, the presentation or omission of information, with the deliberate intent to deceive, and mislead someone who is requesting the truth.

Why Do People Lie?•First category of lies-white lies or ethically necessary lies

-harmless lies that are necessary to our social interaction with others

-they reduce interpersonal fiction and foster goodwill •The intentional harmful or self serving lie

-one most open to detection

-conditioned to feel guilty, fear detection and punishment, which produces observable psycho-physiological reactions

-in telling a lie, the liar is attempting to evade responsibility for an unethical, immoral, and/or illegal act

The Decision to Lie•Two primary ways to proceed once a person decides to lie:

-lying by omission

-lying by commission

Lying by Omission-generally the method of choice

-it is tacit, easier, and involves less risk since no intervention is required

-the liar chooses the path that offers the least risk of detection--the path of passive deception

-no commitment to fabricated information

-contains some element of fabrication of missing information --knowledgeable interviewer can detect and expose

Lying by Commission•Can be viewed as active deceit

-involves commitment, invention and defense

-high risk of contradicting prior information that can later proven to be false

-two choices when asked a question--tell the truth or lie

-the truth--free-flowing and requires no other mental energy

-lie--presented numerous choices and concerns

-the size of the lie

-what to put in

-what to leave out

-the majority of what a deceptive suspect says is true

Interviewer’s Observations•A good interviewer must be able to sift through whatever truth there is in a clever liar’s story

-don’t be mislead by a superficial reaction to the interviewees’s affect or tone

-focus on the components of the statement that indicate possible deception or deliberate omission of information

-understand non-verbal behavior and the assessment of unwitting verbal cues

•Everyone interviewed is a little apprehensive and nervous

•Truthful people are afraid that they will be accused of a crime that they did not commit

•Deceptive people are afraid that the interviewer will find out that the interviewee bears all or some of the responsibility for the matter under investigation

Elements of Interviews and Interrogations

Interview Interrogation

Purpose is to gather information Purpose is to get a confession

Non-accusatory Accusatory

Free flowing Structured

Interviewer speaks 5% Interrogator speaks 95%

Suspect speaks 95% of the time Suspect speaks 5%

Varied locations Interrogator has “home field”

Distance between chairs is Distance between chairs starts at

personal/social Zone personal and goes to Intimate Zone

Statement may be taken Statement is taken

Miranda is not required Miranda may be required

Time limit May have time limit

Preparation for the Interview/Interrogation

•Interview/interrogation room

-should not be a small, threatening space

-should be private

-all distractions should be cleared from desk, table, walls

-unplug/turn off telephones, intercoms or pagers

-room should not have windows or the blinds should be drawn

-lighting should be adequate

-minimum number of chairs should be available (one for interviewer/interrogator, one for interviewee/suspect, one for witness)

Analysis of Verbal CluesTruthful Deceptive

Wants truth known Wants truth hidden/not talkative

talkative

Tries to narrow or assist Has no information

investigation

Uses appropriate and strong terms Uses mild/evasive terms

Expresses real feelings Detached/distant

Admits the opportunity Denies opportunity/makes

sweeping declarations to exclude

self

Argues actual innocence Argues legal innocence

Nonverbal Behavioral Assessment“He that has no eyes to see, and ears to hear, may convince himself that no mortal can keep a secret. If his lips are silent, he chatters with his fingertips; betrayal oozes out of him from every pore.”

-Sigmund Freud

Nonverbal Behavioral AssessmentNon verbal behavior usually falls into one of three categories:•Emblems•Illustrators•Adapters

Nonverbal Behavioral Assessment•Emblems

-express the entire communication

-accurate descriptors of a suspect’s true feelings and communication

-do not have the same meaning in all cultures

-the interviewer must be cautious so as not to misread emblems as related to specific cultural and societal backgrounds

Nonverbal Behavioral Assessment•Illustrators

-nonverbal behaviors which help the listener better understand the verbal communication

-indicate consistency between verbal and nonverbal communication

-often occur as hand gestures and body position

Nonverbal Behavioral Assessment•Adapters

-subconscious nonverbal behaviors that serve no purpose in helping the verbal communication

-frequently distract from the communication

-indicators of deception

-often occur as hand gestures and body position

-include any type of rubbing, picking, or touching of the leg or face

Nonverbal Behavioral Assessment•General Posture

Truthful people

-use body position as an illustrator and have an open, settled, upright position

-will lean slightly forward, indicating interest in what is being said

-shoulder tend to remain squared and their body is aligned with the interviewer

Deceptive people

-show very closed and defensive positions (arms or legs crossed)

-often lean back and stretch out their legs (perceptually increase the distance between themselves and the interviewer)

-may assume a position of defeat (shoulders forward, chin on their chest)

Nonverbal Behavioral Assessment•Head

-tilting of head to the side (illustrator) suggests cooperation, interest and belief in what is being said

-jaw jutted forward, not tilted, indicates anger or aggression

-chin on the chest, indicates defeat, depression, and/or boredom

•Face

-most common part of the body to observe, but the most difficult to interpret

-facial expressions are easy to produce, which can become automatic after time

-masking (the attempt to conceal the truth through facial expression) is common

-the interviewer can usually identify the underlying emotion

-masking frequently occurs out of context, is held too long, and repeated

too often

Nonverbal Behavioral Assessment-masks are usually distorted, exaggerated or incomplete

-smile is the easiest facial expression to use in an attempt to mask a genuine emotion, such as fear

•Eyes

-breaks in eye contact at the appropriate time can be indicative of deception

-exaggerated eye contact may be considered an indicator of deception-attempts to simulate sincerity or to dominate the interviewer

-a preconception is that a “liar” cannot look the interviewer directly in the eyes

-interviewer may be caught in a “staring contest”.

-staring contests may be ended by pointing the interviewee’s attention to something else

-pupil dilation is a good corollary indication of emotional change

-eyes dilate when the individual is aroused or excited

Nonverbal Behavioral Assessment-Closed eyes may indicate trying to mentally escape and block visual sensory input

-Sudden increase in eye blinking indicates and increase in tension -squinting indicates distrust

-Licking the lips due to “dry mouth” condition is a sign of stress

-No moisture in the mouth causes the lips to stick together, providing a clicking sound as the person speaks

-Physiologically during “fight/flight” the throat muscles expand to allow more air to be inhaled into the lungs

-May be responsible for the “lump in the throat”-experienced with emotional states such as fear

-A “clearing the throat” emotional defense may result

-Increased incidents of swallowing or a bobbing Adam’s apple de to increased salivation may occur

Nonverbal Behavioral Assessment•Arms and Hands

-When experiencing an increase in tension, some men may finger their the collars of their shirts--women tend to put their hands to their throats

-A suspects whose elbows are close to their body may may be under severe tension

-Arms across the chest act a barrier or suggest defiance

-If the suspect is pointing away from his body when he is talking, he may be trying to misdirect your attention from the topic of himself

-A suspect who is touching his chest while talking is directing the interviewer to look at him

-If a suspect has his crossed tightly in front of him, it may indicate fear, and the probability that he is being deceptive

-Steepled hands indicate confidence and truthfulness

Nonverbal Behavioral Assessment•Sense arousal gestures

-Under times of stress, the body’s senses are enhanced by sympathetic arousal

-Olfactory, aural, visual, and tactile senses are increased

-Touching or scratching of the nose is a good indicator of deception, when the suspect is asked a critical question, or explains something

-Suspect holds his nose, or touches it as he speaks, he does not believe what he is saying

-If he touches it while he listens, he does not believe the interviewer

-Touching the ear may indicate stress

-Covering the eyes and looking away may indicate that the suspect is trying to hide or escape from the situation

-Rubbing the eye is an indicator of disbelief

-People will often rock back and forth, tap, swing their legs in rhythm with their heart rate

Nonverbal Behavioral Assessment•Feet and Legs

-Truthful people generally use open and “settled” foot and leg positions

-Sudden crossing, uncrossing, criss-crossing, or legs pulled under a chair are goods signs of stress

•Arms and Hands

-Give clearer nonverbal clues

-Hand movements are less fleeting than facial expressions, easily observable and are the main nonverbal means of recognizing illustrators and adapters (illustrators-truthfulness, adapters-deception)

-Elbows close to the body may be under severe tension

-Elbows away from the body, suspect is relaxed, less defensive, more likely to be truthful

-Arms across the chest act as barriers and may suggest defiance

-Arms across the stomach, not indicators of stress-probably truthful

Nonverbal Behavioral Assessment-Suspect pointing away from his body when talking--may be indication that the suspect is try to misdirect your attention away from the topic of himself

-Suspect touching their chest is directing the interviewer to look at him; that he has nothing to hide.

-Hands crossed tightly in front suggest fear and deception

-Steepled hands may indicate truthfulness and confidence

Nonverbal Behavioral Assessment•Sense arousal gestures

-Under times of stress the body’s senses are enhanced by sympathetic arousal

-Olfactory, aural, visual, tactile senses are increased

-Touching or scratching of the nose when asked a critical question is a reliable indicator of deception

-Holds nose or touches it as he speaks, he does not believe what he is saying

-Touches nose as he listens, he does believe what the interviewer is saying.

-Touching the ear during stress may be a psychological attempt to shut out ear stimuli

-Suspect coves eyes and looks away, may be trying to hide or escape from the predicament

-Rubbing the eye is a sign of disbelief

Nonverbal Behavioral Assessment-Fixing hair, straightening tie, hands on hips are signs of stress and possible deception

-Rocking back and forth , tap, swing their legs are signs of stress

•Feet and legs

-These are reliable adapters

-They move slowly and are easily observed

-Truthful people generally use open and “settled” foot and leg positions

-Be alert to sudden crossing and criss-crossing of arms or legs

-Legs suddenly pulled under a chair, or feet in a runner’s position, especially when pointed toward the door, are good signs of stress.

Nonverbal Behavioral Assessment•Displacement activities

-For the deceptive suspect, the pressure of the interview creates an unresolvable problem

-Due to sympathetic arousal the body is prepared for fight or flight

-Since suspect cannot do either, he must sit with the interviewer while a surge of energy takes place

-Displacement activities may be used to dissipate nervous energy

-Adults often study their fingernails during moments of inner stress or embarrassment

-Other activities may include tapping of fingers or foot, playing with objects, restless body movements, swing a leg, pulling up socks, smoothing out clothes, picking imaginary lint from clothing.

-This is an attempt to mentally escape from the threatening situation.

Nonverbal Behavioral Assessment•Involuntary biological signs

-Yawning may indicate aggression

-White face--rage, red face-- anger, pale face--fear

-Increased blood flow, carotid artery can be observed--right artery more visible under stress than the left.

-Other involuntary signs may include--stomach noises and the suspect breaking out in a “cold sweat”.

Nonverbal Behavioral Assessment Truthful Deceptive

-Relaxed and confident -Tense and defensive

-Face to face alignment -Evasive body alignment

-Uses illustrators -Uses adapters

-Natural/settled foot and -Tense, repetitive, restless

leg positioning

Integrated Interrogation TechniquesTEN KEYASPECTS OF AN INTERVIEW/INTERROGATION•Make a forceful assertion that the suspect is guilty

-Interrogator must begin with a firm statement of the suspect’s guilt

-Truthful people interrupt and begin to disagree--deceptive people remain quiet, waiting to hear what else the interrogator has to say--and what evidence or options will be offered.

-”There Is no doubt you did this, didn’t you?”

-If the suspect nods, the interview is over.

Integrated Interrogation Technique

•Do not allow the suspect to deny the act

-90% of all suspects will at some point begin to deny their involvement

-The more the suspect is allowed to deny the act, the more the suspect’s lies are reinforce.

-Confessing will also be more difficult

-When the suspect begins to deny involvement, the interviewer must stop the denial by either voice inflection, or put his hand up, indicating “Stop”.

Integrated Interrogation Technique• Offer a series of possibilities of how and why this may have

happened (rationalization)

-Offer possible scenarios to explain why the incident may have been committed

-Go from possibility to possibility until the suspect appears to show an interest in the scenario-then expand that scenario

-Minimize the blame for the impact of the act

-Suspects will accept possibilities when blame is placed on the victim or where they find ways to diminish their responsibility

Integrated Interrogation Technique•Undermine the person’s self confidence

-All deceptive suspects fear what evidence may have been left, or turn up, to prove they committed the crime

-Never use foolish bluffs to heighten the fear

-Instead, undermine the suspect’s self confidence with phrases that begin, “What’s going to happen if…”

Integrated Interrogation Technique•Offer persuasive arguments for telling the truth

-Enhance the the suspect’s desire to confess

-Remind the suspect that he is guilty and how telling the truth will relieve the stress that he has been experiencing

-If the suspect is a sociopath, and has no remorse, the interrogator may play to the suspect’s pride of taking credit for such a brilliant act

Integrated Interrogation Technique•Offer solutions to alleviate the person’s fear

-Interviewer should never make promises that he should not keep

-He may overcome the barriers preventing the suspect from telling the truth as the suspect brings them up.

-May ask the person “What is your biggest fear?”.

-What you have to do now is tell the truth, and get on with your life.”

Integrated Interrogation Technique•Compliment the person

-By complimenting the suspect, the interviewer is recognizing the suspect’s “good” side.

-Interviewer is appealing to the suspect’s superior qualities as he leads the suspect to recognize his best option is to tell the truth

Integrated Interrogation Technique•Use alternative and leading questions

-Use of alternative and leading questions makes it easier for a suspect to admit his guilt

-Alternate questions facilitates a positive response, but allows reduce culpability

-Leading questions enable a less threatening admission through a nonverbal submission

-Alternative questions offer two possibilities, one that is more severe than the other.

-Leading questions make it easier to admit to wrong doing by asking to admit with minimum verbalization or guilt. A nod of the head may indicate an admission

-Leading questions are utilized by the interviewer who knows the suspect is willing to confess, but is having difficulty voicing it.

Integrated Interrogation Technique•Watch for the “buy” signs

-Getting a confession is selling the truth as opportunity

-Signs that the suspect is ready to tell the truth

-May include

--sudden silence

--listening intently to what the interviewer is saying

--dropping the head and shoulders

--nodding the head up and down

--a statement such as, “What would happen if someone would do this?”.

Integrated Interrogation Technique•Move in and press for the confession

-When buy signs are noted, move n for the confession

-Move into the suspect’s zone may be more comforting than intimidating

-Interrogator’s press should include a an alternative or leading question with a soft or accepting tone

-Do not be reluctant to press for the sale

-Overcome any negative feelings about the suspect or your own fear of failure.

-Use the Ten Key Aspects repeatedly, until a confession is obtained

“How” and “Why” solutions allow the suspect to admit to a lesser act, blame the victim, minimize the crime and the motivations for the crime

-The interviewer moves the suspect from the position of “Nothing happened”, toward an admission

-Interrogators counsel truth and convince the suspect that it is in their best interest to tell the truth

-The suspect must be aware that telling the truth does something for him, not the interrogator. People behave based on their own self interest

-The interrogator must come from a supportive mode in making the case for truth

Integrative Interrogation Techniques Ten key aspects to obtaining a confession

•Make a firm statement the person is guilty•Do not allow the person to deny the act•Offer possibilities of how and why this may have happened•Undermine the person’s confidence•Offer persuasive arguments for telling the truth•Offer solutions to alleviate the person’s fears•Compliment the person•Use leading and alternative type questions•Watch for the “Buy” signs•Move in close and press for the confession