techniques for interrogation

12-1© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin

Techniques for Interrogation

Chapter 12

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

12-2

Defining the Role of the Interrogator to the Suspect

Interpersonal Theory Humans

interact within these two boundaries

DominanceAffiliation



12-3

Complementary Principle Two major assumptions

Interpersonal behaviors invite reciprocal behaviors

Over time these lead to a repetitive pattern of relating

The interrogator should establish a status role or connect through a rapport relationship



12-4

Interrogator Relationship The interrogator should determine

if the approach to the interrogation is best made by establishing a status role or connecting through a rapport relationship

The overriding consideration is that once the interrogator has taken on a hostile role with the suspect it is impossible to go back and later develop rapport



12-5

Dominant Relationship Pairing

A person’s recognition of the status of another brings the opposite complementary response in a dominant relationship



12-6

Expectations: a Dominant Relationship Pairing

The suspect will be submissive when the interrogator is dominant

The suspect will be cooperative when the interrogator acts distrustful

The suspect will be friendly in response to the hostile interrogator



12-7

Affiliation Relationship Pairing

When a connection develops through rapport the affiliation between the suspect and the interrogator elicits the corresponding complementary response



12-8

Expectations: an Affiliation Relationship Pairing

The suspect will respond friendly when the interrogator is friendly

The suspect will respond cooperatively when the interrogator is cooperative



12-9

Purpose of the Interrogation The primary purpose

is to obtain a statement from the suspect that acknowledges or indicates the guilt of that person

A secondary purpose is to document the lies when the truth is not forthcoming



12-10

Confession vs. Admission Both are known as inculpatory

statements I.e., statements that put the blame

on someone They are treated the same under

constitutional analysis



12-11

Confession Is a statement made by a

defendant disclosing his guilt of the crime with which he is charged and excluding the possibility of a reasonable inference to the contrary



12-12

What Does a Confession Contain? It is admitting to his or her role in

having committed a crime It is not limited to words but may

be inferred through the demeanor, conduct, and acts of the person charged with a crime I.e., a person acts out HOW he

killed the girl



12-13

Admission Is a statement of guilty conduct,

containing only facts from which guilt may be inferred May be any information regarding

the suspect and his or her role or relationship to the crime, the victim, or the place of the offense



12-14

What Does an Admission Contain?

A suspect may admit to pulling down the pants of a 2-year-old girl but denies that any criminal act took place, such as an indecent touching of her genitals

The suspect has denied criminal conduct but admitted to having the opportunity and relationship with the child



12-15

The Role of a Confession

It is only part of the investigation process Not the primary

method of gathering evidence



12-16

Over-reliance on a Confession is Bad! May warp the investigation if

collecting evidence is made secondary

May cause the case to be dropped if the confession is found inadmissible and no other evidence of guilt exists

A common view is that a confession alone is not enough to prove a person guilty



12-17

Slam-Dunk Approach to Interrogation When the interrogator

forcefully claims that the suspect is guilty and does not allow him to deny



12-18

Slam-Dunk Approach to Interrogation Initial hardness may cause some

offenders to be fearful of making statements and others will not talk at all Do NOT use if the suspect is

cooperative, mentally ill, or excessively emotional



12-19

Interrogation Approach Interrogation tactics

may be based on the offender Offenders differ

based on the level of guilt they experience

EmotionalNonemotional



12-20

Interrogation Approach

Interrogation tactics may be based on an assessment of the suspect Determine offender strengths and

weaknessesGuilt, remorse, or entitlement

may be exploited



12-21

Non-Custodial Interrogation Situations

Occurs when the suspect is not in police custody or under arrest The suspect must be fully aware that

he or she is free to leave at any timeThe awareness may be based on

the location of the interrogationThe attitude of the interrogatorFollow through by not arresting the

suspect



12-22

Non-Custodial Interrogation Requirements Miranda warnings are not required

Must be given if the situation changes

Not an available option if the suspect has been arraigned in court on the crimes under investigation or the individual asks to speak with an attorney



12-23

Custodial Interrogation Situation

Occurs when the suspect is under arrest or is not free to leave because arrest is impending



12-24

Miranda in a Custodial Interrogation Situation The offender must be given his

rights per Miranda The suspect must understand

these rights and make a knowing waiver of these rights for an interrogation to take place

The suspect must make a voluntary waiver of these rights for an interrogation to take place



12-25

Interrogation Phase I — Preparation Phase I is about the interrogator

establishing control over the interrogation



12-26

Interrogation Phase I — Preparation

Step One: Determine who will interrogate

Step Two: Understand the law Step Three: Know the case Step Four: Establish the timing Step Five: Determine the location



12-27

Interrogation Phase II — Develop Outcome-Based Tactics These are

persuasive arguments that are designed to overcome the resistance of a guilty suspect to confess



12-28

Tactic #1: An Appeal to the Suspect’s Self-interest

This is the most frequent tactic used in interrogation

Encourage the suspect to “get it off his chest” or to “take this opportunity for his side to be heard”

Possible fear to overcome: retaliation Empathize with

the dilemma that the suspect faces

Their best option is to cooperate with the police



12-29

Tactic #2: Confronting the Suspect with Existing Evidence of Guilt This may involve

telling the suspect about physical evidence that demonstrates they committed the crime

Possible fear to overcome: paranoia

Point to a failed polygraph test as providing evidence of guilt

Use the relationship that the suspect had to the victim



12-30

Tactic #3: Undermining the Suspect’s Confidence in his or her Denials If the suspect

does not think that the interrogator has sufficient evidence to arrest, they may be reluctant to provide that information during an interrogation

Possible fear to overcome: fear of arrest

A decision may be made to delay the arrest

State that “the facts of the case speak for themselves, you only have the option of cooperating at this point”



12-31

Tactic #4: Identify Contradictions in the Suspect’s Alibi or Story The term

“because” may be used as a persuasive word

Tell the suspect that he or she committed the crime BECAUSE .. Give examples!

Possible fear to overcome: fear of financial repercussions

Attempt to engage the suspect with why they committed the crime



12-32

Tactic #5: Asking Specific Behavioral Analysis Interview Questions Look for

behavioral indicators of nervousness, sweating, or frequent licking of lips or wiping of eyebrows

The guilt ridden offender may be unwilling to look the interrogator in the eyes

The apathetic offender will show defiance by looking the interrogator in the eye with denial



12-33

Tactic #6: Appealing to the Importance of Cooperation Face the

repercussions of the criminal act with the offender and suggest they start over through cooperation

Alternatively, minimize the repercussions and be compassionate

Possible fear to overcome: loss of job

Loss of status or employment loss is a considerable fear to overcome, determine which approach will maximize cooperation



12-34

Tactic #7 Offering Moral Justifications and Face-saving Excuses Minimize the

crime and never refer to it by the legal term

Encourage the suspect to express guilt, remorse, or anger towards the victim

Possible fear to overcome: shame

Use empathy to overcome the fear of shame

Ask why the offender did the act to allow for face-saving excuses



12-35

Tactic #8: Confront the Suspect with False Evidence of Guilt This approach

makes sense when there is more than one person involved in the crime

Information provided by one partner can be embellished on and presented as fact to the other

Possible fear to overcome: blame

The suspect who played a minor part will be fearful of taking all of the blame

Suggest that the evidence points to him, this is the chance to share the blame with others



12-36

Tactic #9: Praising or Flattering the Suspect Look for evidence

that the suspect is insecure

Did the suspect appear to take pleasure in the act?

Praise and flattery may be a very successful tool to obtain a confession

Possible fear to overcome: insignificance

Praise and supportive statements convey a positive judgment to the suspect



12-37

Tactic #10: Appealing to the Detective’s Expertise and Authority

This requires an over-confident approach by the interrogator

It puts emphasis on the status of the interrogator and downplays the ability of the suspect to get away with the crime

This tactic allows the interrogator to take charge of an interrogation by suggesting that he or she is much smarter than the suspect

It is used to break down the confidence of the suspect



12-38

Phase III — Getting the Confession: The Basics Leave all weapons outside of the

interrogation room Don’t verbally back the suspect into a

corner Don’t invite a denial, ask for an

explanation Don’t interrogate a handcuffed suspect Avoid initial antagonizing Don’t make a cross-examination

confrontation Don’t be solicitous or friendly



12-39

Getting the Confession Step I: Make the claim

Be honest Use their first name without title Do not shout Do not show anger Be in close proximity to the

suspect



12-40

Getting the Confession Step II: Lock it in

No further discussion on innocence

Present an excuse for their actions Give them good intentions Minimize their culpability in the

crime

techniques for interrogation

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