Criminal Investigation: Interrogation Process

Interrogation Process

• The fundamental principles of interrogation will be studied in this section.
• Procedures and approaches for a successful interrogation will be discussed and practiced.

Interrogation and Confessions after "Minnick"

• Since 1966, law enforcement officers have adhered to the guidelines and restrictions of the landmark Miranda decision.
• Several Supreme Court decisions handed down since 1988 have substantially altered the rules of Miranda concerning officer interrogation of individuals in custody and the admissibility of confessions thereby obtained.

Miranda and Voluntariness

• Prior to Miranda vs. Arizona, the test of the admissibility of confessions was voluntariness.
• The Miranda Rule does not preclude the use of any confession that is voluntary.
• A statement that is volunteered by any person is admissible even though the Miranda Warnings have not been given.
• Failure to give the Miranda warnings in a custodial situation will normally cause the courts to treat the statement as if it was given involuntarily.
• A statement may be involuntary even though the suspect has been advised of the Miranda rights if the statement is the product of coercion by the police.

Assertion of the Right to Counsel

• An assertion of the right to counsel stands on a different footing than an assertion of the right to remain silent.
• Two landmark Supreme Court cases have clarified Miranda's view of the consequences of an assertion to the right to counsel:
  • Edwards vs. Arizona (1981): Once a suspect asserts the right to counsel, that suspect "is not subject to further interrogation by the authorities until counsel has been made available to him."
  • Minnick vs. Mississippi (1990): When counsel is requested, interrogation must cease, and officials may not re-initiate interrogation without counsel present, whether or not the accused has consulted with his attorney.

Applicability of Miranda

• Miranda applies only when testimonial evidence is being sought.
• Non-testimonial incrimination is not covered and Miranda warnings are not applicable under these circumstances.
• Examples of non-testimonial evidence include:
  • Blood samples
  • Handwriting exemplars
  • Voice exemplars
  • Having the suspect put on items of clothing
• Miranda applies only to "custodial interrogations."
• The Miranda warnings are required only when police are engaged in a "custodial interrogation."
• An interview is "custodial" if the suspect's liberty has been restricted to a degree associated with a formal arrest.

Interrogation

• An interrogation is a questioning of a person suspected of having committed an offense.
• Interrogation may also include the questioning of a person who is reluctant to make a full disclosure of information in his possession which is pertinent to an investigation.
• Interrogation is directed toward obtaining:
  • A confession (a direct acknowledgement of guilt on the part of the accused)
  • An admission (an incriminating statement that indicates but does not acknowledge guilt)
  • A statement (a declaration regarding the facts of an incident)

Interrogation Environment

• Conduct your interrogation in a quiet room set up for that purpose.
• Privacy is important, especially when dealing with crimes of a sensitive nature.
• Don't neglect officer safety.

Non-Verbal Communication

• Non-verbal cues can be used to detect deception while questioning subjects.
• Non-verbal cues include:
  • Elements of kinesics (body language)
  • Dress
  • Environment
  • Proxemics (personal space)
  • Paralinguistic (tone of voice, etc.)
• Detecting non-verbal cues requires:
  • Establishing a baseline of honesty
  • Observing the subject's behavior in a position to detect all possible leakage
  • Considering the context of the questioning situation
• Examples of non-verbal cues include:
  • Hand-to-face movements (e.g. covering the mouth, nose touching)
  • Steepling (holding the fingertips in a steeple fashion)
  • Self-manipulation (body contact from arms, hands, fingers, legs, or feet)
  • Fidgeting
  • Dress-related signals (e.g. adjusting clothing, grooming)### Nonverbal Cues in Interrogation
• Environment can be a nonverbal cue, and a subject may try to alter the environment to create distance from the interrogator
• Moving a chair or repositioning oneself can indicate unwillingness to cooperate
• In a controlled environment, a subject may use objects (e.g., briefcase or purse) to create a barrier between themselves and the interrogator
• Proxemics, the study of personal space, can provide clues during an interrogation
  • A person may close up or take up less space when feeling uncomfortable or vulnerable
  • Open and expansive body language can indicate honesty
• Paralanguage, the nonverbal characteristics of voice, can also provide clues
  • Deceptive answers may have a slower onset and be longer and vaguer than honest ones
  • Pitch, tone, volume, and duration of speech can be indicative of deception

Preparation for Interrogation

• The interrogator should prepare by:
  • Memorizing details of the case
  • Researching the subject
  • Writing down important questions
• The interrogator should establish a behavioral baseline and observe nonverbal cues during the interrogation

Successful Interrogation

• The successful interrogator should:
  • Put the subject at ease
  • Introduce themselves and explain the reason for the interrogation
  • Use open-ended questions to encourage conversation
  • Listen carefully and make mental notes of inconsistencies
  • Use physical evidence to dispute the subject's story
  • Watch for indications of a desire to confess
• The interrogator should avoid ending the interrogation negatively

Confessions and Statements

• Suspects may confess due to:
  • Strong evidence or witness testimony
  • Cumulative influence of small persuasions
  • Overwhelming guilt
• Reasons why a suspect may not confess include:
  • Fear of punishment
  • Fear of repercussions on family, friends, or employment
  • Fear of being labeled a snitch
  • Stubbornness
• Confessions or statements should be reduced to writing, and the suspect should review, sign, and date them

Interrogation Styles

• Interrogation styles differ depending on the subject and crime involved
• Different approaches include:
  • Adversary approach
  • Sympathy approach
  • Combination approach
• Experience and practice are key to developing a personal interrogation style