Criminal Interrogation Techniques

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Criminal Investigation is derived from the Latin word 'INVESTIGATUS', which means to ______ or to track.

trace

INVESTIGARE, a Latin word, means to track or look into for ______.

traces

Criminal Investigation is an art which deals with the identity and location of the offender and provides evidence of his guilt in criminal ______.

proceedings

Criminal Investigator is the person who is charged with the duty of carrying the objectives of investigation such as: identify the criminal, locate the offender, and provide evidence for the offender’s ______.

guilt

Five Functions of Criminal Investigators include Identification of ______, Collection of Evidences, Preservation of Evidences, Evaluation/Processing of Evidences, and Presentation of evidences and the Criminal ______.

Evidence; case

The line-up – witnesses/complainant, previously coached confidentially points out the subject as the guilty party in the ______.

line-up

The interrogator convinces the source the futility or uselessness of resistance or the attempt to prevent something by action using the ______ technique.

Futility

The interrogator prepares a dossier containing all available info about the source’s and his organization in the File and Dossier/______ Record technique.

Written

The interrogator convinces the source the futility or uselessness of resistance or the attempt to prevent something by action using the ______ technique.

Futility

The rapid fire technique involves a psychological ploy based on principles that everyone likes to be heard when he speaks and it is confusing to be interrupted in mid-sentence with an unrelated ______.

question

Sketches are prepared to indicate exact location of objects and its relationship to each other and other objects at the crime scene. It is useful in questioning of suspects and witnesses as well as in the writing of investigative reports. Sketches are excellent companions to __________.

photographs

A rough sketch is drawn free-hand by the sketcher at the crime scene. Changes should not be made to it after the sketcher has left the scene. This sketch will not normally be drawn to scale, but will indicate accurate distances, dimensions, and relative __________.

proportions

Floor Plan/Over View/Bird’s Eye view - Is the simplest and most common one used in diagramming crime scenes. It may be used in nearly all crime scene situation where the items of interest are located in one plane. It is also the easiest for lay people such jury members/judges to __________.

comprehend

Neighborhood Sketch - It is used to document important items within a large scene involving a large tract of land and/or many buildings. The sketch can show the location of evidence and its relationship to the overall scene, the relationship of each building to one another, the location of major vegetation, fences street signs, path of egress used by the suspects, the location of witnesses in relation to the scene. Its up to the discretion of investigator what should be included or excluded in the __________.

sketch

Computer-Aided Crime Scene Sketching - Sophisticated software makes it possible for investigators to generate professional crime scene drawings as well as reconstructions of motor vehicles accidents. Drawings created with this software are often used for court presentation and provide a more __________ representation of the crime scene.

accurate

Dwelling Assignment - A dwelling assignment is one in which the undercover investigator establishes residence in or near the dwelling which houses the subject in order to maintain constant contact with the home life of the subject. b. Work Assignment - A work assignment places the investigator in a type of employment where he can observe the activities of the subject at his place of work. c. Social Assignment - A social assignment requires the investigator to frequent places of entertainment and amusement known to be habitually trusted by target personalities and their associates. d. Personal Contact Assignment - A personal contact assignment is a special undercover assignment in which the undercover investigator is required to develop the friendship and trust of a target personalities for the purpose of obtaining information and evidence. e. Multiple Assignment - In a multiple assignment, a single undercover investigator is given the task of covering two or more of the above specific assignments simultaneously. This type of assignment produce extensive information with minimum expenditure of personnel, but the danger of compromise is more prevalent.     1851- Multi-suspect identification line-up was used for the first time in Boston. 1859- Photographs became admissible as evidence when relevant and properly verified America Appellate Courts. THOMAS BYRNES- New York Investigator. He introduced the MODUS OPERANDI FILE. in CRIMINAL INVESTIGATION. May start in three ways: A report/information received about a criminal incident. The criminal complaint of the offended party; Spontaneous action or self-initiation by the police or any law enforcement agency. What are the 3 I’s of investigation. 1. Information - is the knowledge which the investigator gathered and acquired from other persons. POWER OF SENSES A. Seeing – 85% B. Hearing - 13% C. Other three senses - 2% What are the classifications of information. a. Information from regular sources such as records and files of the police, company records, civic spirited citizens; and b. Information from cultivated sources such as paid informants, bartenders, cab drivers SOURCES OF INFORMATION- Refer to whom, where or when information are derived or developed. General Types of Information: a) Open Sources - refers to something people can modify and share b) Closed Sources - that is not made available to the general public by its creators 2. Interview - Simple questioning of a person who is cooperating with the investigator. Three Stages of Interview 1. Preliminary Interview - very first interviews 2. Follow – up Interview - second interviews 3. Final Interview - The last questioning that may be to the act of offering a witness to testify during trial. METHODS OF REPRODUCING AN INTERVIEW 1. Mental note - advantage of permitting an uninterrupted flow of information; disadvantage untrained memory leads to inaccuracy. 2. Written note - sketchy; only significant details; if accompanied by oral confession, requires more exact reproduction. 3 3. Stenographic note - deter hesitant subject 4. Sound recording - simplest and most practical means of reproducing 5. Sound and motion pictures - most ideal because it can show all the physical appearance of the subject General Types of Recording A. Overt transcript - recording is known by the subject B. Surreptitious/Secretively transcript - without the knowledge of the subject INTERROGATION - The vigorous/strong questioning of a person who is a reluctant/unwilling to divulge/reveal information. THE INTERROGATION ROOM Privacy: 1. Restricted Entrance 2. absence of window or view. 3. sound proofing. 4. telephone without bell Simplicity: 1. Medium Sized Room. 2. Bare Walls. 3. No Glaring Lights 4. Minimum Furniture. Technical Aids: A. TWO WAY MIRROR B. RECORDING DEVICE C. RECORDER Seating Arrangement. The Subject and the investigator should be seated with no large furniture between them. a. Chair. Armless, straight back chair for the suspect. b. Table or Desk. The investigator requires a flat surface on which to place papers and articles of evidence. c. Suspects. Seating the suspect with his back to the door further deprives him of any hope of interruptions or distraction. APPROACH AND PROBE Approach - the process of setting people to start talking. Probe - the process to keep the person/subject talking incessantly.--> NOT STOPPING Controlling the Investigation or Interrogation A. Initial phase - suspect may be permitted to tell his story without interruption B. Questioning - planned to unmask the suspect C. Emotional control - if subject is uncooperative, exert all effort to be calm D. Strategic interruption - pause once in while if needed. TECHNIQUES OF INTERROGATION A. Emotional Appeal – combining the character of an actor and a practical psychologists B. Sympathetic – listening to the subject’s story of his troubles, plight and unfortunate situation then offer an act of friendship and acts of kindness C. Friendliness - being friendly may induce the subject to confess D. Stern Method - strict judicious act. TYPES OF FRIENDLINESS TECHNIQUE 1. Helpful advisor – offer an advise 2. Sympathetic brother – subject is seeking peace of mind thus square things with his own conscience. 3. Extenuation – the action of lessening the seriousness of guilt or an offense. the investigator could present the affair in its true light if the suspect is given the chance to give the details of the unfortunate incident. 4. Shifting the blame – show that the incident may happen to anyone, a full narration may convince the judge or the complainant to change her mind 5. Mutt and Jeff – one is enemy while the other a friend 6. Creating or Increasing the Feeling of Anxiety – further misrepresentations the picture. INCREASING THE FEELING OF ANXIETY a. Exaggerating fear – persistently point out that he “cannot win”, no perfect crime, “his silence may affect his loved ones.” 4 b.

blank

___________ is the knowledge which the investigator gathered and acquired from other persons.

Information

___________ - The vigorous/strong questioning of a person who is reluctant/unwilling to divulge/reveal information.

Interrogation

Three Stages of ______ 1. Preliminary ______ - very first interviews 2. Follow – up ______ - second interviews 3. Final ______ - The last questioning that may be to the act of offering a witness to testify during trial.

Interview

___________ - the process of setting people to start talking. Probe - the process to keep the person/subject talking incessantly.

Approach

___________ - the action of lessening the seriousness of guilt or an offense. the investigator could present the affair in its true light if the suspect is given the chance to give the details of the unfortunate incident.

Extenuation

Identification by the Method of Operation (Modus Operandi) Confession – is a direct acknowledgment by the accused in a criminal case of the truth of his guilt as to the crime charged or of some parts of the commission of the criminal act itself. Admission – is the statement of facts by the accused in a criminal case which does not directly involve the acknowledgment of guilt in the commission of crimes for which he is charged. Additional requirements for confession to prove the guilt of the accused. a. It must be supported by other corroborative/give support evidence. b. Corpus delicti (body of the crime) must be established separately. c. The confession must be voluntary and freely given. 6 Corroborative evidence - refers to the kind of evidence that is required to support the existing evidence. thus taking an example a child says that X kills Y, thus since the child cannot 100% be trusted then there must be a need of another evidence to support such evidence. What are the methods of identification of witness. 1. Verbal description 2. Photographic files 3. General photograph 4. Artist’s assistance 5. The “Police Line-up” Police line-up is the customary means of identification of a suspect. when conducted properly, it is considered more accurate than the other methods. A lineup is a police identification procedure in which the suspect of a crime is exhibited with a number of other participants so that a witness can identify him.  Lineup is used as a means of selecting a suspect from a group of similar-looking persons.  The purpose of the lineup is the elimination of the power of suggestion as a factor in identification. Appearance. The person participating in the lineup should have the same general appearance as the suspect with the respect to race, sex, height, hair and clothing. Person known to the witness should not be used in lineup LOCATION.  Lineup should be held in a room away from the public view so that there is little opportunity for disturbance.  The room must at least be large enough to accommodate six lineup participant side by side while still leaving room for their freedom of movement. POSITION. The suspect should be permitted to select his own position in lineup. This can be done after the investigator has left the room to bring in the witness. WITNESS CONDUCT. The witness should be instructed before entering the lineup room that the suspect may or not be among the persons in the group and that he should simply enter the room and study the group without pointing, shaking his head or otherwise indicating a decisions.  The witness is given a form on which he can indicate his selection.  The form consist of numbered boxes to represent the positions of each member of the lineup and an additional box to indicate no selection while the lineup participants are in view, the witness marks the appropriate box. He should not state whether he has recognized the suspect until he left the room. WITNESS’S CONDUCT (cont).  The suspect should not be made aware of any decision on the part of the witness, since this knowledge may interfere with techniques that the investigator is using.  Where, however, the witness positively identified the suspect, the investigator may wish to confront the suspect with the witness in order to induce a confession Conduct of Members of lineup. The lineup members should not talk while in the room unless voice identification is required. CONDUCT OF MEMBERS OF LINEUP (Cont).  Before bringing in the witness, the investigator should determine whether it will be necessary to the lineup members wear hats, walk, show certain physical areas, sit down, or otherwise demonstrate any characteristics.  If during the lineup the witness desire the lineup members to perform certain actions, he should communicate this information in a quite aside to the investigator. PROCEDURE To conduct a lineup, a group of six including the suspect should be assembled. The procedure is designed to provide for an accurate and reliable identification. 7 In here, the suspect is identified by fictitious witnesses or victims who will associate him with different offenses. Once desperate, the suspect confess to the offense under investigation. REVERSE LINEUP Identification based on circumstantial evidence to produce a conviction of the accused Circumstantial evidence may be sufficient to produce conviction if the following circumstances are present: a. When there are more than one circumstances present, b. When the facts from which the inferences are derived are proven; c. When the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. By the Identification based on Associative evidence These are physical evidence which may identify the criminal by means of clues, personal properties, or the characteristic pattern of procedure deduced from the arrangement of objects at the crime scene. Identification by the Method of Operation (Modus Operandi) The modus operandi file enables the investigators to recognize a pattern of criminal behavior exhibited by the suspect. The investigator can also detect thru the files that a series of crimes committed were done by a single criminal and therefore, he can predict and approximate the next target of the criminal in the future. HOW TO TRACE AND LOCATE CRIMINALS. A. Tracing and locating the criminals through the use of informants Informer - a person who gives information in to the investigator in exchange of a price or reward. Informant – a person who gives information to the investigator. Confidential informant – is a person who provides an investigator information concerning a past or projected crime and does not wish to be known as the source of information. Types of Informants: 1. Anonymous informant – this is an anonymous telephone caller or letter writer who give information about the suspect. 2. Rival – elimination informant – usually anonymous.

blank

The suspect should be permitted to select his own position in ______

lineup

The purpose of the lineup is the elimination of the power of suggestion as a factor in ______

identification

The lineup members should not talk while in the room unless voice ______ is required

identification

Confidential informant – is a person who provides an investigator information concerning a past or projected crime and does not wish to be known as the source of ______

information

Identification by the Method of Operation (Modus Operandi) The modus operandi file enables the investigators to recognize a pattern of criminal behavior exhibited by the ______

suspect

Reactive Response - acting in response to a situation rather than creating or controlling it. 2. Proactive Response - creating or controlling a situation by causing something to happen rather than responding to it after it has happened. 3. Preventive Response - keep something undesirable such as illness, harm, or accidents from occurring. WHO CONDUCTS ______

INVESTIGATION

WHO CONDUCTS ______. 1. FICTITIOUS INVESTIGATORS – not real or true, being imaginary or having been fabricated. 2. GOVERNMENT INVESTIGATORS – Examples of this category of investigators are the police investigators (CIDG Officers, NBI Agent) and BIR Inspectors. 3. PRIVATE DETECTIVES – These are hired private people who conduct investigations either directly or indirectly, those employed by private attorneys to called information or evidence. 6TYPES OF ______

INVESTIGATION

2Inquest – it is used to describe a form of judicial inquiry. It is conducted by Public prosecutors to determined of legal grounds exist in filling a criminal complainant against a person. 3. Inquisition – it simply refers to any penetrating ______ concerning a religious issue. 4. Probe – it is an extensive, searching inquiry conducted by the government. However, it is often associated with committees, usually in the form of legislative inquiries. Examples are the ______ conducted by the Senate Blue Ribbon Committee. prober – investigator sleuth - detective 5. Research – it refers to careful, patient, investigation done by scientists or scholars in their efforts to identify original sources of data or causes of problem. 6. Investigative Reporting – a recent practice pursued by the members of the press on their own initiative. It is designed to serve a dual purpose: – to attract readers/viewers, and – to get to the roots or a problem. 1 TRICHOTOMY OF CRIMINAL ______

INVESTIGATION

6 CARDINAL POINTS OF ______ 1. What specific offense has been committed (e.g Murder, Homicide, Theft, Robbery) 2. When the offense was committed. (time/date) 3. Where it was committed. (place of opponent) 4. Who committed the offense. (suspect/s) 5. Why was it committed. (motives) (e.g Violent Crime, Political Crime, Family-related Crime) 6. How was it committed. (manner/uri) (Shooting Incident, Stabbing, Suicide) 3) TECHNIQUE- Is the essence of the many facts of tactical strategy in ______

INVESTIGATION

Explore various criminal interrogation techniques including the use of bluff, line-up, and reverse line-up to elicit confessions and evidence. Understand how certain criminal acts may constitute different offenses and how interrogators may focus on minor offenses.

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