Interviewing Techniques for Regulators

Troy ArnoldColorado Attorney General’s Office

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Take Aways for Today

• The “Three P’s”– Prepare– Pushy– Practice

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Subject of Interview

• Witnesses• Facility

Staff/Management• Complainant• The Target

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Interviewer(You)

• 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

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Preparing to Interview

What is your objective/purpose/what do you want to know? Annual Inspection Follow up/status NOV – confrontational Additional information

What do you know? Review your case file/reports

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Preparing to Interview

Review the regulations/statutes and know the elements of proof for the offense/situation under investigation.

Identify who needs to be interviewed, and the sequence of the interviews.

a. Complainants / victims - firstb. Witnesses - second c. Suspects - last

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Preparing to Interview

If you can, acquire some background knowledge of the person to be questioned before the interview. Google Social Media – Facebook, Twitter, Instagram etc State Data Bases Lexis/Nexis/CLEAR EPA Data Bases Western States Project

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Preparing to Interview

Design questions around each interviewee.Prepare an outline; write complete questions or a list of topics areas to be covered during the interview.

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Preparing to Interview

Determine the location where and when the interview is to be conducted.On scene?At home?At Starbucks?At your office?Multiple witnesses together or separate

them?Before work, evening or weekend.

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IntroductionsEstablish rapport immediatelywith introductions and attitude.

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Rapport Building

– Identify yourself immediately - Credentials– Establish trust by having a friendly conversation– Don’t be Overbearing– Keep the conversation informal and easy– If necessary, find an honest common interest that is

off the subject, to defuse the intensity of the experience.

– Great time to talk about work and life experience

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Rapport Building

– If possible, don’t begin interview until subject appears friendly

– Try to reestablish rapport any time during the questioning when the subject appears to become reserved or hostile.

• Our demeanor plays a significant role in the success or failure of our interviews.

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Narrative

Where should I start – at the beginning! Allow the subject to tell their “story” start to

finish with little (or no) interruption. Look and listen how the story is being told.

Setting up a baseline. SHUT UP AND LISTEN!

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Review and Questions

After they finish their narrative, “Great, now we are going to go back to the beginning and I’m going to ask a few detailed questions.”

Ask questions prepared in advance to resolve issues of: who, what, where, when, why and how.

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Open Ended Questions• Questions designed to prompt the suspect or

witness to give a narrative response rather than just a “yes” or “no” answer:

• “Tell me what happened?”• “What happened next?”• “And then what?”• “Why did they do that?”

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Avoid…..

• Compound Questions:“Did you notice anything unusual or did you see

anyone working in the facility that night?

Unclear Questions:“Tell me, if you can, the first time you realized that

your supervisor was falsifying the documents and subsequently attempted to notify authorities of the situation.”

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Verification of the Information

• To ensure accuracy• To prompt further recall• “Let me go over this with you one more

time….I’m a little confused about this…..could you explain to me the process again….”

• Try having them explain the incident backwards.

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Catch All Questions

• Is there anything else I should know?• If you were investigating this incident who

would you talk to next? Why?• You will remember some additional

information. Please write it down and call me.

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Departure

• Obtain personal history information.DOBResidential address/phone #Driver’s License #

How they can contact you. Thank you for your cooperation. You’ve

provided some very useful information (stroke). If necessary, may we contact you again?

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Things to Keep In Mind

• Rapport• Listen• No Promises• Private• Issues of Confidentiality“The information will be used for official

purposes only.”Try to stay away from the word “confidential”.

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Something does not make sense…..Time to get Pushy!

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Deception Indicators

• 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.

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Non-Verbal Indicators• Deceptive 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, signs– Blinking– Scratching, twisting hair,

rubbing, etc.

• Truthful person– Appears at ease– Good eye contact– Sincere expressions– Sits upright/leans forward– Sits still or changes position

smoothly– Arms opened– Attentive and alert

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Verbal Indicators

• Hedgers– 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 beenIn that neighborhood. WDA

– Modifiers• Pretty much, kinda, about, That’s about it• Basically, probably, maybe

– Lack of conviction to their statement

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• Qualifiers– 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 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?

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Emotional Enlistment

• Wife ask, “Are you cheating on me?” Husband, “Honey, I love you, why would any

man do anything to mess that up.”– WDA – Third Person

• Father to son, “How did that scratch, get on the car?”

Son, “to tell the truth, I didn’t even notice it.”

– WDA

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Stalling Method

• 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.

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The Blamer

• 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?• Don’t feel bad – that’s what they want – stay the

course!

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Honorable Associations

• 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.

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Deception

• Two 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

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Ways to Say “No” = “Yes”

• 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.

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Indicator Questions

• “What do you think should happen to someone who did this?”– “I don’t know, maybe a fine or a reprimand.”– “They should go to jail for a long time!”

Basic morality questions.

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Barriers to Communication

Don’t confuse with deception!• Physical (time, environment, comfort, needs,

physical medium, others present) • Cultural (ethnic, religious, and social differences) • Perceptional (viewing what is said from your own

mindset) • Motivational (mental inertia) • Experiential (lack of similar experience)

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Barriers to Communication

• Emotional (personal feelings at the moment) • Linguistic (different languages or vocabulary) • Non-verbal (non-word messages) • Competition (noise, doing other things

besides listening)

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Personal Space

Zones:– Intimate 0 - 1.5 Feet– Personal 1.5 - 4 Feet– Social 4 - 12 Feet– Public 12 - 25 Feet

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Critique - Practice

• What went well?• What went poorly?• What would I do differently?

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The “Two Interviewer” Approach• Decide before interview who will ask questions

and who takes notes.• If note taking, don’t interrupt until asked by your

partner or appropriate time.• May continue rapport or may, if appropriate, be

the “bad cop”!You know, I understand what you have been telling us,

but it makes no sense to me/I don’t think you are being completely honest with us.

Note taking now switches.

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Use of Recording Equipment or Videotaping an Interview

• WARNING: Know and understand the laws in your jurisdiction and your agency policies concerning use of electronic recording devices.

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Use of Recording Equipment or Videotaping an Interview

• PROS– Minimizes note taking distractions – Provides a more detail account of the interview– Tape can be played for court/jury – less challenges– Aids in preparing your inspection report– Admissions on tape = strong evidence

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Use of Recording Equipment or Videotaping an Interview

• CONS– Equipment malfunctions– Unwanted scenes or audio – Individual objections to being recorded

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QUESTIONS

?Thanks for Listening!

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