The Art of Obtaining Information PDF

THE ART OF OBTAINING INFORMATION It is the questioning of a person believed to possess information that is relevant to the investigation of a crime or on criminal activities. COGNITIVE INTERVIEW QUESTION AND ANSWER It is a form or techniques in the Visitor view as p...

THE ART OF OBTAINING INFORMATION It is the questioning of a person believed to possess information that is relevant to the investigation of a crime or on criminal activities. COGNITIVE INTERVIEW QUESTION AND ANSWER It is a form or techniques in the Visitor view as practiced by some conduct of interview upon willing investigators requires the and cooperative witnesses, where interviewee to answer the they are given full opportunity to question posed by the narrate their accounts without investigator. The interview is intervention, interruption and required to answer on what inference from the interviewer. he/she knows about what is being asked. “Never allow the interviewer to conduct nor let anyone to conduct an interview without prior visit to the crime scene.” It refers to the good relation between the interviewer and interviewee, which is conducive to a fruitful result. The appearance of the interviewer and other qualities such as skills of communication techniques or the force of language are the mainstays of the strength of his character. This will help the interviewer determine the personality and intelligence of the subject; he/she must go down and up to the level of understanding of his/her particular subject. Investigator’s tone of voice must be conversational, not confrontational as in interrogation. He/she must possess the quality of an actor, salesman and psychologist and know how to use the power of persuasion. He/she must be courteous, sympathetic, and humble, ready to ask apologies for the inconvenience of the interview.  Fear of Reprisal Great Inconvenience Hatred against the Police Bias of witness Avoidance of Publicity Family Restriction Investigator must review the facts at the crime scene and information from other sources in order that he or she would be ready for the questioning. This is none through investigators careful selection of the kind of approach to use, which may be a single kind, a combination of two or the application of all techniques. This is done by preliminary or exploratory questions to clear the atmosphere and promote a conducive place for cordiality, respect and trust for each other. This is performed by allowing or already asking now the subject to narrate his/her account without interruption, intervention. or interference. Multiple, complex and legalistic questions should be avoided. One question at a time is desired. The nod of the head or any other body language as a response to the questions should be avoided. A short simple question at the time is required. If the answer needs qualification, then, it should be allowed. Avoid legalistic questions such as: “Who is the murderer” or “who are in conspiracy with the subject” Embarrassing questions on the subject on matters of exaggeration or honest errors about time, distance and description can be avoided if the investigator will cooperate with the subject to save his face. Do not ask questions which could be answered by 'yes' or 'no' only. It will curtail the complete flow of information and will lead in accuracy. This is a reluctant type of witness. It is found among the uneducated and of low level of intelligence.The technique to be applied is to be with their level of intelligence and by interrogation. These are the first to an uncooperative and indifferent subject period to deal with this type is to find out his/her field of interest so that he/she will talk. The style of questioning by the investigator should be adapted to the psychology of the subject. When the drunken subject has sobered, another interview will be conducted, confronting him/her about disclosures while in the state of drunkenness. This is a witness who is prone to exaggerate, adding relevant or new matters to their narration. The skillful investigator could prune the unnecessary matters from the relevant ones. This is the truthful in cooperative witness where the investigator could rely upon, with little or no problem in handling them. This is a liar type of witness. Let him/her lie and order later to repeat several times the narration. He or she will be enmeshed in contradictions. This is a shy witness. The approach must be friendly and reassuring confidentiality of the information. It should be hidden from the devouring press by interviews or photo sessions. This is the most difficult subject to deal with period find out the reasons of his/her personality such as trauma, shock, fear, hatred, and others. Difficulties in communication experienced by people or groups originally speaking different languages, or even dialects in some cases. A potential witness who may be under the influence of alcohol or drugs may or may not have information that could be used at trial. In evaluating information provided by juveniles, consideration needs to be given not only to chronological age but also to the level of schooling. Interviewing an older person may also present a unique set of challenges. The interviewer must have knowledge and appreciation for the physical changes that may occur with aging and be able to effectively respond to those changes when conducting an interview. Changes in vision that are related to aging vary widely from person to person. These changes are not strictly dependent upon chronological age or general health. The eye is so constructed that excellent vision without glasses is sometimes maintained even in extreme old age. When interviewing someone with a hearing loss investigators should: gain the person’s full attention, be at the right distance and speak clearly.  Information gathered: Investigators consider what was said and how it fits with other evidence. They also evaluate whether sufficient rapport was established. Interviewer's performance: The interviewer's performance should be evaluated to stimulate professionalism and improve future interviews. This includes evaluating the questions asked and the information obtained. Further action: Investigators determine if any further action is necessary. Vigorous, confrontational questioning of a reluctant suspect about his/her participation in the commission of crime. It is confrontational in the sense that the investigator places the guilt on the accused. This process could also be applied to an uncooperative or reluctant suspect or witness. One of the most difficult but most interesting faces of criminal investigation and detection. It is a challenging battle of wits between the investigator and the suspect. It is a mental combat where the weapon is intelligence and the use of the art.  To find out the truth about the crime. To obtain an admission or confession of guilt from the suspect. (interview, interrogation, search, warrant, raid) To gain all facts in order to determine the method of operation or modus operandi and the circumstances of the crime in question. To collect information that guides investigators to arrive at a logical conclusion. The main intention of interrogation is to obtain confession or admission from the suspect and to learn relevant information from uncooperative witness.  CONFESSION ADMISSION There is declaration of There is a statement of the person; the person; The accused The person only agreed acknowledged guilt from on facts or the commission of a circumstances of the crime; crime; Guilt is admitted. There is no acceptance of guilt.  It is a confession that is made by the suspect during custodial investigation or those confessions that are made outside of the court.  VOLUNTARY when the accused speaks of free will and accord. without inducement of any kind, with a full and complete knowledge of the nature of the nature and the consequence of the confession, and when the speaking is so free from influences affecting the will of the accused, at that time the confession was made that it renders it admissible in evidence against him INVOLUNTARY obtained through force, threat. Intimidation, duress, or anything influencing the voluntary act of the confessor  This is made by the accused in open court This plea of guilt maybe made during arrangement or any stage of the proceedings where the accused changes plea of not guilty to guilty. This is conclusive upon the court and may be considered to be a mitigating circumstance to criminal liability.  Must know how to utilize psychology, salesmanship, and dramatics. The interviewer or interrogator must have strong communication skills. Must be able to adapt to different personalities within the situation. Must have an open mind and be able to process all information received. Must be able to control the environment.  Investigator prepares for an interrogation by reviewing information from the offense report, statements from witnesses, and lab reports. The investigator should also be knowledgeable of the suspect he or she will be interrogating by reviewing background information.  Establish rapport Ask open-ended questions Avoid confrontation Use active listening Avoid leading questions Avoid threats and intimidation Follow Miranda rights Avoid cruel and unusual punishment  Establish Rapport Prepare Thoroughly Use Effective Questioning Techniques Control the Pace Use Strategic Pauses and Silence Observe Nonverbal Cues Address Inconsistencies Carefully Keep Control Over Emotions Adhere to Legal and Ethical Standards Maintain a Logical Structure  TECHNIQUES Emotional Appeal This is a technique whereby the investigator, combining the skills of an actor and a psychologist, addresses the suspect with an emotional appeal to confess.  TECHNIQUES Sympathetic Approach The investigator, in his/her preliminary or probing questions must dig deep into the past troubles, plight and unfortunate events in the life of the suspect. An offer of help, kindness, friendliness, may win his cooperation.  TECHNIQUES Friendliness A friendly approach coupled with a posture of sincerity may induce the suspect to confess.  TECHNIQUES Trick and Bluff Techniques Pretenses of Solid Evidence Weakest Link Drama Feigning Contact with Family Members Line Up Stern Approach Mutt and Jeff or Sweet and Sour Method Removing the Ethic or Cultural Barrier  TECHNIQUES Trick and Bluff Techniques Pretenses of Solid Evidence. The investigator bluffs the suspect that even if he/she will not confess, there is enough evidence to send him/her to jail if confession is made, the investigator will see to it that his/her prison term will be within the range of probation.  TECHNIQUES Trick and Bluff Techniques Weakest Link. By tricks and bluffs, this weakest link will be told that his/her companions had already confessed and that this weakest link had dealt the fatal blow or that he received the lion share of the loot in order to Intrigue him.  TECHNIQUES Trick and Bluff Techniques Drama. The weakest link maybe used to take pain and agony by ordering him/her to shout. accompanied by banging a chair on the wall to make it appear that a commotion is going on. The other suspects in separate rooms must near the drama before telling them that their partner had confessed.  TECHNIQUES Trick and Bluff Techniques Feigning Contact with Family Members. The suspect could be tricked that the investigator had gone to the residence and the family members had supplied facts against the suspect.  TECHNIQUES Trick and Bluff Techniques Line Up. The complainant witness or victim is requested to point positively to the suspect in the police line-up.  TECHNIQUES Trick and Bluff Techniques Reverse Line Up. The suspect is placed among other persons in a line up and he/she is identified by several complainants and witnesses who will associate the suspect. In other several crimes. This will cause the suspect in other several crimes. This will cause the suspect to become desperate and confess only to the case under investigation, to avoid from being charged on false accusation  TECHNIQUES Trick and Bluff Techniques Stern Approach. The investigator displays a stern (demands immediate response) personality towards the suspect by using the following methods. Jolting Opportunity to Lie In the questioning process, the The suspect is given all the investigator selects the right opportunity to lie. moment to shout a pertinent question in an apparent righteous outrage. The suspect's nerves will break to a confession.  TECHNIQUES Trick and Bluff Techniques Mutt and Jeff or Sweet and Sour Method. The first set of investigators must appear to be rough, mean, and dangerous. When they had finished the interrogation, the second investigator, by being sympathetic and understanding, he/she begins his interrogation. If the suspect still refuses to cooperate, then the process is repeated until there is a confession.  TECHNIQUES Trick and Bluff Techniques Removing the Ethic or Cultural Barrier. If the suspect is an ifugao (person from Ifugao Province), then preferably, an Ifugao investigator is recommended to interrogate him, the same with other ethnic or cultural groups.  TECHNIQUES Rationalization It is the use of reasons, which is acceptable to the subject that led to the commission of the crime. Thus, it may be said that sometimes killing is a necessity rather than by purpose or design.  TECHNIQUES Projection It is the process of putting the blame to other persons, not alone to the suspect. The murderer may blame the mastermind for corrupting him/her with big sums of money or the mastermind blaming the greediness of the victim or the husband blaming the wife for her infidelity or that it is a necessary evil as the victim is planning to kill suspect.  TECHNIQUES Minimization It is the act of minimizing the culpability of the suspect. The investigator convinces the suspect that a confession will reduce the offense and the penalty.  SIGNS OF DECEPTION Excessive Sweating The profuse sweating indicates tension, anxiety, shock or fear extreme nervousness is also the cause of sweating.  SIGNS OF DECEPTION Change of Facial Color Anger is indicated if the face is blushing. It is also the result of extreme nervousness or embarrassment. It is necessary as a sign of deception or guilt. A pale face is reliable indicator of guilt or deception.  SIGNS OF DECEPTION Dry Mouth This is a sign of great tension and is a reliable symptom of deception. Swallowing, constant movement of the Adam's Apple and sweating of the lips are indications of dryness of the mouth.  SIGNS OF DECEPTION Excessive Breathing An effort to control breathing during the critical questioning is an indication of deception. Gasping of breath is the ultimate result of the control in breathing.  SIGNS OF DECEPTION Avoidance of Direct Eye Contact This may indicate guilt or deception. Misty or teary eyes indicate remorse or repentance. An interrogation room is a space designed for law enforcement to question suspects, victims, or witnesses to solve a crime. Unfamiliar The room is usually devoid of pictures or decor to make the suspect feel uncomfortable. Uncomfortable chair The suspect's chair is often hard, armless, and straight-backed. It's also placed out of reach of controls like light switches and thermostats. One-way mirror A one-way mirror allows other officers to watch the interrogation without the suspect knowing. Soundproofing The walls are designed to prevent loud speech from being heard through them. Size The room should be large enough for three people and their furniture, but not so big that there's a lot of empty space. Safety and security The room is designed to prevent unauthorized people from entering and the suspect from leaving.  Audio Recording This involves using a microphone and recording device to capture the audio of an interview or interrogation.  Video Recording Video captures both audio and visual aspects, recording both spoken words and body language.  Written Transcription This method involves taking detailed notes or verbatim transcription of the interview or interrogation.  Digital Note-Taking Software Programs and software can transcribe spoken words into text in real-time.  Handwritten Notes This method involves a person jotting down key points or summaries during the session. Analog Recording Uses tape recorders or film cameras, often used before digital recording became widespread. Digital Recording Involves the use of digital audio or video recorders, capturing high- quality sound or video. Remote or Cloud-Based Recording Uses of software to record remote interviews over the internet. Covert Recording Used when individuals are unaware of being recorded (legal only with proper authorization or in specific circumstances). Body-Worn Cameras Uses of software to record remote interviews over the internet.