Podcast
Questions and Answers
What is a primary aim during the engagement phase of an interview?
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?
Which factor is not a part of the preparation needed before an interview?
What is the role of closure in the interview process?
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?
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?
What ethical consideration must be balanced during an interrogation?
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What is the primary goal of conducting interviews with criminal suspects?
What is the primary goal of conducting interviews with criminal suspects?
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Which qualities must an effective interviewer possess?
Which qualities must an effective interviewer possess?
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How can rapport be effectively established with a suspect during an interview?
How can rapport be effectively established with a suspect during an interview?
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What key difference exists between interviews and interrogations?
What key difference exists between interviews and interrogations?
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What are suspects required to be informed about before an interrogation begins?
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!