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Questions and Answers
What is a primary aim during the engagement phase of an interview?
Which factor is not a part of the preparation needed before an interview?
What is the role of closure in the interview process?
Which of the following best describes a distinguishing feature of investigative interviewing compared to traditional interrogation?
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What ethical consideration must be balanced during an interrogation?
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What is the primary goal of conducting interviews with criminal suspects?
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Which qualities must an effective interviewer possess?
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How can rapport be effectively established with a suspect during an interview?
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What key difference exists between interviews and interrogations?
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What are suspects required to be informed about before an interrogation begins?
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Study Notes
Interviewing
- Establish common ground with the interviewee before questioning
- The interviewer should act as a psychologist, salesman, and actor to get the best results.
- Be humble and courteous, even apologetic about the inconvenience, to build trust.
Legal Considerations for Interviews
- The goal of an interview is to gather information, not coerce the suspect into confessing
- The interview approach is typically non-confrontational and cooperative, focusing on building rapport
- Inform the suspect of their Miranda rights to remain silent and to legal counsel before the interview begins.
Legal Considerations for Interrogation
- Interrogations are more intensive with a goal of obtaining a confession or more detailed information
- The approach is often more direct and confrontational, pressing the suspect for information or confession
- The suspect must be informed of their Miranda rights and be allowed to have counsel present during the interrogation.
Interview Preparation
- Determine the best location and environment for conducting the interview
- Prepare any technical or administrative necessities for the interview
- Engage the interviewee and establish rapport as the first step
- Allow the interviewee to provide an uninterrupted narrative about the case
Closing the Interview
- The closure of the interview is important and should be methodical, as many interviewers rush to end it
- Evaluations of police interviews show that officers tend to rush the closing, but it needs to be methodical.
Essential Interviewing Skills
- Interviewing is a practical exercise that requires communication skills
- Skills training is crucial to effective interviewing and should include evaluation and feedback
Behavioral Analysis Interview (BAI)
- Techniques used to detect deception and truthfulness
- Can be used to assess the suspect before an interrogation
Cognitive Interviewing
- Used to help witnesses retrieve memories
- Techniques help witnesses recreate the event's context
- Used to interview victims and witnesses
Ethical Considerations in Interviewing
- Effective interrogation must be balanced with respect for human rights
- Techniques should prevent coerced or false confessions
Voluntariness and Coercion
- All confessions or statements must be made voluntarily
- Force, threats, or any form of coercion is prohibited
Inadmissible Statements
- Statements obtained through coercion or without legal safeguards are not admissible in court
- This is mandated by RA 7438 (Rights of Person Under Custodial Investigation) and the Anti-Torture Act
Detailed Documentation
- The entire interrogation process must be recorded, including the suspect’s statements, the techniques used, and the presence of legal counsel.
Legal Context in the Philippines
- The 1987 Constitution's Bill of Rights protects the rights of suspects during interviews and interrogations
- Republic Act No. 7438 outlines the rights of persons under custodial investigation, ensuring the presence of legal counsel and proper notification of rights
- The Anti-Torture Act of 2009 (RA 9745) prohibits the use of torture and degrading treatment during interviews and interrogations
Cognitive Interview Method
- Enhances memory recall by having witnesses recreate the context of the event
- Uses techniques like context reinstatement, varied recall, and detailed probing
- Best for cooperative witnesses and cases requiring detailed memory retrieval
Structured Interview Method
- Systematic approach using a predetermined set of questions
- Provides consistency, comparability, and control of bias
- Effective for gathering specific information across multiple interviews
Unstructured Interview Method
- Open-ended approach where the conversation is flexible and adaptive
- Allows for spontaneity, in-depth exploration, and adaptability
- Useful for exploratory phases or building rapport
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Description
This quiz explores the key principles of interviewing and interrogation techniques, including the importance of establishing rapport and understanding legal considerations. It discusses how to approach a suspect in a non-confrontational manner and the ethical obligations to inform them of their rights. Test your knowledge on the differentiation between interviews and interrogations!
