Interviewing and Interrogation Techniques

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