Interview vs. Interrogation

Interview vs. Interrogation

• An interview is a non-accusatory conversation to gather information.
• An interrogation is accusatory questioning of suspects regarding their involvement in an investigation.
• Open-ended questions are used in interviews to encourage the subject to talk.
• In interviews, the subject should do most of the talking (75%).
• Lies are generally not challenged during interviews but are addressed in follow-ups or interrogations.
• Interrogations involve direct, less open-ended questions.
• During interrogations, the investigator does most of the talking.
• An interview can transition into an interrogation based on the suspect’s behavior, but this change is difficult to reverse.
• The term interrogation is the proper term for an important step in the investigative process.
• Law enforcement must provide Miranda warnings before a custodial interrogation.
• Custodial interrogation occurs when a suspect is in custody or deprived of freedom to leave.
• A signed waiver of rights should be obtained before questioning a suspect after Miranda rights are given.
• Questioning must stop if the suspect exercises their Miranda rights.

Interviewing Techniques

• Cognitive interviewing focuses on the consistency of a subject’s story.
• Cognitive interviewing involves asking the subject to sketch illustrations of their account.
• Cognitive interviewing involves asking the subject to tell their story in reverse order.
• Assumptive questions are used to elicit verbal confessions.
• Choice questions require selecting good or bad rationales for behavior.
• Soft accusations imply some level of involvement.

PEACE Model

• The PEACE Model was developed to reduce false confessions from accusatory interviewing.
• PEACE stands for Preparation and Planning, Engage and Explain, Account, Clarify and Challenge, Closure, and Evaluation.
• The PEACE model is a non-accusatory, information-gathering approach suitable for victims, witnesses, or suspects.

Interviewing Minors

• The same techniques used for adults should be used when interviewing a minor as a witness or victim.
• Open-ended, indirect questions are more effective when interviewing minors.
• Minors provide more accurate information when freely narrating, rather than answering direct questions.
• Police generally can question minors without parental approval or presence.
• Juvenile interrogation must be voluntary.
• Prior to questioning, parents of a minor must be informed of the juvenile’s request to have them present.

Use of Deception

• Deception is permissible as long as it doesn’t induce a false confession or prompt an innocent person to commit a crime.
• Police can use deception to obtain incriminating admissions by suggesting conclusive proof of guilt that may not exist.

Credibility/Reliability

• Credibility refers to the worthiness of belief.
• A credible witness is competent and worthy of belief
• Human testimony can be mistaken or deceitful; moral certainty arises from analogy.
• Credibility relies on the presumption that witnesses are intelligent, not mistaken, and honest.
• Assessing credibility involves considering the facts, the witness, the testimony itself, comparison with other testimonies, and known facts.
• A credible witness is capable of knowing the facts, was present at the incident, paid sufficient attention, and honestly relates the affair fully as he knows it.
• Rules for analyzing witness credibility are generally the same in civil and criminal cases.
• Trial courts can give instructions on witness credibility and the interest of witnesses in the trial's outcome.
• Parties calling a witness must establish credibility through evidence and examination.
• Any party can examine a witness to support or discredit their credibility.
• Juries determine the credibility of expert witnesses.
• Factors for juries to consider when determining credibility include:
  • Appearance, manner, and behavior of a witness while giving testimony
  • Apparent frankness and intelligence of a witness
  • Capability of consecutive narration of acts and events by a witness
  • Probability of a story related to a case
  • Advantages gained by a witness in obtaining accurate information on a subject
  • Accuracy or retentiveness of witness’s memory along with effect of lapse of time on memory
  • Intonation of witness’s voice and positivity or uncertainty in testifying
• Prior inconsistent statements can question a witness's credibility, with the jury deciding on the inconsistency's materiality.
• If testimony is clear, plain, complete, convincing, and credible, the court, not the jury, decides on credibility.

Background Information

• Background information to be obtained from witnesses and victims is very important for officers to obtain.
• Background information includes:
  • Name and any Aliases the person may use
  • Addresses for both home and work
  • Phone numbers for home, work and cell
  • Involvement in/with the incident
  • Location at time of incident
  • Description of participants
  • Description of other factors, barriers
  • Lighting, weather, views, vision, language

Interview Locations

• Interviewing people is a big part of a policeman's job
• Crime/Accident Scene
  • Remove subject from the presence of others
  • Turn subject away from scene
  • Block avenues of escape if suspect
• Hospital
  • Family room or unoccupied room
  • During a break in treatment
• Interview rooms
  • Friendly witness/victim, room:
    • should be casual, uncluttered
    • Can be at a place of convenience for witness/victim
    • Front seat of car if done on scene
  • Hostile witness/victim or suspect:
    • Room should be sparsely furnished with no table or desk to offer perceived protection
    • Desk can be used for authoritarian atmosphere
    • Neutral site or government office
    • Back seat of patrol car