Specialized Crime Investigation 2 PDF

# Specialized Crime Investigation 2 ## Interview It is the questioning of a person believed to possess information which is relevant to the investigation of a crime or on criminal activities. ### Interview: The Golden Rule "Never Conduct or Let Anyone Conduct an Interview When You Have Not Gone Fr...

# Specialized Crime Investigation 2 ## Interview It is the questioning of a person believed to possess information which is relevant to the investigation of a crime or on criminal activities. ### Interview: The Golden Rule "Never Conduct or Let Anyone Conduct an Interview When You Have Not Gone From/At the Crime Scene" ## Qualities of a Good Interviewer - Rapport- It is the relationship between the interviewer and the interviewee, which is conducive to a fruitful result. - Forcefulness of Personality- The appearance of the interviewer and the other qualities such as skills of communication technique or the force of his language are the mainstays of the strength character. - Knowledge of Human Behavior- This will help the interviewer to determine the personality and intelligence of his subject, he must go down and up to the level of understanding of his particular subject. - Conversational Tone of Voice- His tone of voice must be conversational, not confrontational as in interrogation. It means that the interviewer must know how to appropriately use his voice normally. - Common Interests- His preliminary and probing questions should aim to establish common interest between him and the subject. - Acting Qualities- He must possess the qualities of an actor, salesman, and psychologist and know how to use the power of persuasion. - Humility- He must be courteous, sympathetic, and humble, ready to ask apologies for the inconvenience of the interview. ## The Stages of Inteview - **Preparation**- Before the interview, the investigator should exhaustively review the facts at the crime scene and all relevant information from the other sources so he would be well-ready for the interview. - **Approach**- The investigator must carefully select his kind of approach which may be a single kind, a combination of two, or the application of all techniques. - **Warming Up**- This is done by preliminary or exploratory question to clear the atmosphere, promote a conducive ground for friendship, respect, and trust with each other. - **Cognitive Interview**- In this stage, the subject is asked to narrate his account without interruption, intervention, or interference. ## Rules on Questioning - **One Question at a Time**- Multiple, complex, legalistic questions should be avoided. - **Avoid Implied Answers**- The nodding of the head or any other body language as a response to the questions should be avoided. The answers must be oral, clear, explicit, and responsive to the questions. - **Simplicity of Questions**- A short and simple question at a time is required. Avoid legalistic questions such as; "who is the murderer? Are you the robber or swindler?" - **Saving Faces**- Embarrassing questions about the subject on matters pertaining to exaggerations or honest errors about time, distance, and description can be avoided if the investigator assists him "to save face". - **Yes and No Answers**- Do not ask questions that could be answered only by yes or no. It will curtail the complete flow of information and will lead to inaccuracies. ## Types of Witnesses - **Know-Nothing Type**- These are the reluctant type of witnesses, they are found among the uneducated and of low level of intelligence. - **Disinterested Type**- This is the uncooperative and indifferent subject. - **Drunken Type**- The style of questioning by the investigator should be adapted to the psychology of the subject. When a drunken subject sobered, another interview will be conducted. - **Talkative Type**- This are witnesses who are prone to exaggerate, adding irrelevant or new matters to their narration. - **Honest Witnesses**- These are the truthful and cooperative witnesses where the investigator could rely upon with little or no problem in dealing with them. - **Deceitful Witnesses**- These are the liar type of witnesses. Let them lie and order them to repeat their narration. They will be enmeshed in contradictions. - **Timid Witnesses**- They are the shy type guys. The approach must be friendly and reassuring confidentiality of their offered information's. - **Boasting, Egoistic, or Egocentric Witnesses**- They will be good witnesses because of their ability of expressing their accounts about the commission of crime. The investigator must be patient in dealing with them so as not to hit or override their ego or self-pride. - **Refusal to Talk Witnesses**- These are the most difficult kind of witness to deal with. Find out the reason of their silence and his/her refusal. ## Common Reasons Why Witnesses Refuse to Talk and Testify - **Fear of Reprisal**- The fear of reprisal is always entertained by the witnesses who lack the courage to face the suspect, his associates, or relatives. - **Great Inconvenience**- Real inconvenience that will deprive them of the time to earn for their living especially during the ordeal of testifying during the trial. - **Hatred Against The Police**- This may be due to previous bad experiences with rogue members of the PNP. - **Biases of The Witness**- The witness may be an acquaintance, friend, helper, or benefactor of the suspect/s. - **Publicity Avoidance**- There are witnesses who are shy and they shun publicity that will bring discomfort to their ordinary or obscure way of living. - **Family Restriction**- Member the need to seek approval first on matters affecting their families. The investigator must talk to the elders for their approval for them to testify. ## Interrogation - The vigorous or aggressive questioning of a person suspected of having committed an offense or a person who is reluctant or willing to make a full disclosure of information in his possessions, which is pertinent to the investigation of a criminal case. - Is the skillful questioning of a hostile person suspecting of having committed an offense or of a subject who is reluctant to make a full disclosure of information in his possession which is pertinent to the investigation. ## Purposes of Interrogation - On suspect/s, it is to obtain a confession of admission. - On uncooperative, reluctant, or unwilling witnesses, it is to obtain relevant information he/she possesses. ## Confession Distinguished to Admission - **Confession**- It is the direct acknowledgment of guilt arising from the commission of the crime. - **Admission**- It is an acknowledgment of facts or circumstances without accepting guilt. It is an indirect acknowledgment of guilt. ## Kinds of Confessions - **Extra-Judicial Confession**- It is made by the suspect during custodial investigation. This is simply explained as confession made outside the court of law. - **Judicial Confession**- It is made by the accused in an open court. The plea of guilt maybe during arraignment or any stage of the proceedings where the accused changes his plea on not guilty to guilty. ## Custodial Interrogation or Investigation - It is an investigation conducted by the investigator to a suspect who is under police custody. - This is the stage of investigation wherein there is a strict observance of the "Miranda Doctrine". ## Techniques in Conducting Interrogation - **Emotional Appeal**- This is a technique wherein the investigator combines skills as an actor and psychologist. He addresses the suspect with an emotional appeal to confess. - **Sympathetic Approach**- The investigator's preliminary questions must dig deep to his past trouble, plights, unfortunate events in the suspects' life. An offer of help, kindness, and friendliness may win his cooperation. - **Friendliness**- A friendly approach coupled with a posture of sincerity may induce the suspects to confess. - **Tricks and Bluffs**- The Pretense of Solid Evidence Against the Accused- The investigator will bluff the suspect that if he will not confess, there is enough evidence to send him to jail. If he will confess, the investigator will guarantee him that his term of sentence will be within the range of probation. - **The Weakest Link**- Among the suspects, there must be a careful selection of who among them is the weakest where the interrogation will begin. By tricks and bluff, this weakest link will be told that his companions had already confessed. - **Drama**- The weakest link maybe used to fake pain and agony by ordering him to shout, accompanied by banging a chair on the wall to make appear that a commotion is going on. The other suspects in the adjacent or separate room must hear the drama before telling them that their partner had confessed. - **Line Up**- The complainant, witnesses, or victim is requested to point positively the suspect who is among the persons in the police line-up. The witness, victims, and or complainant are previously coached about the identity of the suspect/s. - **Stern Approach**- The investigator displays a stern personality towards the suspect. - **Jolting**- In the questioning process, the investigator selects the right moment to shout a pertinent question in an apparent righteous courage. The suspect's nerves will break to a confession. - **Opportunity to Lie**- The suspect is given all the opportunity to lie. The suspect friends and his personal life, family friends, and his knowledge about the complainant and witnesses. Then the suspect is questioned about his activities prior, during, and after the commission of the crime. The suspect will be enmeshed to contradictions, which the investigator capitalized to get the truth out from the suspect/s. If possible, the interrogation must be tape recorded for purposes of emphasis during confrontation on contradictions - **The Mutt And Jeff Or Sweet And Sour, Or The Good Guy And The Bad Guy**- The first set of investigators must appear to be rough, mean, and dangerous. When they had finished their time to interrogate the suspect, the second set of investigators comes in and intervenes by stopping the first set of investigators. By being sympathetic, friendly, and understanding type of guy, they begin the Interrogation. If the suspect still refuses to cooperate, then the process is repeated until a confession obtained. ## Removing the Ethnic or Cultural Barrier - If the suspect is an Ilocano, he should be interrogated by an Ilocano investigator and the same with other ethnic or cultures. - It is the Filipino's way of life that we put our trust and confidence to those who belong to our clan or tribe. - The interrogation must be in the language or dialect of the suspect so that we could get his full confidence. It is a means to eliminate the language barrier. ## Searching for The Soft Spot - In every man's heart, there is always the softest spot. - Once discovered, there must be a face-to-face meeting with that special person of him/her and that steel heart will meltdown. - This technique is not only used during interrogation but also in crisis management during hostage situations.