Interrogation Tools of Investigation PDF

Chapter 2 TOOLS OF INVESTIGATION TYPES OF INTERROGATION 1. Narrative Type. This type is good for subjects who are willing to talk. They should be allowed to narrate their stories without interruptions. However, the investigator must observe the re...

Chapter 2 TOOLS OF INVESTIGATION TYPES OF INTERROGATION 1. Narrative Type. This type is good for subjects who are willing to talk. They should be allowed to narrate their stories without interruptions. However, the investigator must observe the reaction of the subject while telling his story and the words used. 2. Question and Answer Type. The subject is asked questions and while answering, the investigator should wait until the subject finished the answer. This type requires that the investigator must have great deal of knowledge about the case he is investigating. This is preferable when the subject is not the talkative type. PURPOSE OF INTERROGATION 1. To obtain confession to the crime. 2. To induce the subject to make admission. 3. To learn the facts and circumstances surrounding the crime. 4. To learn the identity of accomplices. 5. To develop information which will lead to the recovery of the fruits of the crime. 6. To discover the details of other crime where suspect participated. CHARACTERISTICS OF INTERROGATION 1. One party to the questioning is an individual the police have reason to believe is implicated in the crime. 2. The investigator is seeking information about the interviewee rather than about a third party. 3. Response to question are potentially averse to the suspect’s interest and could subsequently be used as evidence against him. 4. Certain constitutional and statutory rules may prohibit the subsequent use of response. FUNDAMENTALS OF CRIMINAL INVESTIGATION 1 AND INTELLIGENCE  LEGAL REQUIREMENTS FOR INTERROGATION Voluntariness. Unlike the interview of a witness, the statements of a person being interrogated must have been made voluntarily and must not be the product of threats, fear, fraud, coercion or other improper tactics. This rule applies to using the statements against the party at trial (e.g., confession) and to using the statements as a basis for discovering other evidence. The voluntariness requirement stems from the Bill of Rights in our Constitution which provides: “No person shall be compelled in any criminal case to be a witness against himself…” (Art. 3 Sec. 17 of 1987 Constitution) Brown v. Mississippi (1936) – the end of 3rd degree ✓Coerced confessions were untrustworthy, unreliable and unconstitutional. Facts: o March 30, 1934, Reymond Steward was murdered. o Ed Brown and other defendants (Black/Negro) were severely beaten with leather strap with buckles on it and made to confess to details demanded by police officers. o April 6, 1934, they were convicted and sentenced to death. o On appeal, the Supreme Court ruled that the actions were violations of their due process rights. RA 9745 – Anti-Torture Act -Demand Physical Examination by an independent and competent doctor of your choice before and after interrogation. McNabb v. US and Mallory v. US (1957) ✓ Confession obtained as a result of delays in the “prompt arraignment” of the defendants before federal judge. Facts: (Illegal “Moonshine Business”) o McNabb was arrested and subjected to continuous interrogation for 2 days. Supreme FUNDAMENTALS OF CRIMINAL INVESTIGATION 2 AND INTELLIGENCE  Court ruled that it violates Federal Rules which requires the defendants to be taken before the Magistrate without UNNECESSARY DELAY. o Mallory (19) male of limited intelligence was arrested for rape in Washington D.C. and questioned over a 10-hour period. (same SC decision) Art. 125 of the Revised Penal Code -Delay in the delivery of detained person. Arrest without warrant: 12 hours – light offense 18 hours – less grave 36 hours – grave offense 8 hours – juvenile Escobedo v. Illinois (1966) ✓ Refusal of the Police to honor a suspect’s request to consult with his lawyer during the course of interrogation. Facts: o January 19, 1960, Danny Escobedo’s brother in law, Manual, was shot to death. o A witness told that Escobedo fired the fatal shots, he was arrested and Escobedo told the police he wanted to consult his lawyer, who arrived immediately and attempted to see him but was denied access to him. Later, a statement was taken from Escobedo. He was never advised of his rights and convicted of the murder of Manual. o The Supreme Court reversed the conviction, based on the fact that the police violated his right to counsel and be free from Self- Incrimination. FUNDAMENTALS OF CRIMINAL INVESTIGATION 3 AND INTELLIGENCE  Miranda v. Arizona (1966) Facts: o March 2, 1963, an 18 year old woman was kidnapped, her hands and ankles tied. She was then raped, drove her near her home and let her out of the car. March 13, Ernesto Miranda (23) was arrested. He was positively identified by the victim through a police line-up. He was then interrogated without informing him that he had the right to have an attorney present. 2 hours later, the police obtained a written confession signed by Miranda. At the top of the statement was typed paragraph stating that the confession “was made voluntarily, without threats or promises of immunity and with full knowledge of my legal rights, understanding any statement I make may be used against me”. o He was found guilty of kidnapping and rape. o The SC ruled the confession are by this very nature inherently coercive and that the custodial investigation makes any statements compelled and not voluntary. It violated the rights against self-incrimination. Warning of Rights Before interrogating the suspect in custody, the investigator must insure that the suspect understands that: a) He has the absolute right to remain silent; b) Anything he does may be used against him in court; c) He has a right to have an attorney present during questioning; and d) If he cannot afford an attorney, one will be appointed for him free of charge. FUNDAMENTALS OF CRIMINAL INVESTIGATION 4 AND INTELLIGENCE  Waiver of Rights If the suspect indicates that he understands these rights, the investigator may question him only after the suspect voluntarily waives such rights and agrees to make a statement. An in-custody statement obtained without a valid warning and waiver is not useable evidence. APPLICATION OF MIRANDA RULE The Miranda Rule applies only to custodial investigation, which means questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. Cases which Miranda Rule Does Not Apply a) To interviews of suspects who are not under arrest, in custody or otherwise restrained. b) To suspects who are in custody but are not being questioned. c) To volunteered statements of suspects in custody – i.e., as long as the investigator is not asking questions, a talking suspect need not be advised of a right to silence. d) To general on-the-scene questioning. e) To statements made by the suspect to a private party. THE INTERROGATION ENVIRONMENT When and where the interrogation takes place may be nearly as important to obtaining a confession as how the interrogation is concluded. Thus, a climate conducive to a confession needs to be established. TIME: the suspect should be interrogated as soon as possible after the crime has taken place. An immediate interrogation works to the advantage of the investigator because: a) The suspect is likely to be emotional and excited, and may confess as a relief mechanism. b) The suspect has had little time to assess his predicament and orient his thinking; c) The suspect has had little time to establish an alibi; and d) The suspect has had little time to destroy or falsify evidence. FUNDAMENTALS OF CRIMINAL INVESTIGATION 5 AND INTELLIGENCE LOCALE: the interrogation should take place in a special room at the police station or investigating unit. The “home turf” of the investigator provides another psychological advantage in obtaining a confession or other useful information. a) To ensure privacy and eliminate distractions, the interrogation room should be sound proof and without windows. It should be located out of the mainstream of stationhouse traffic, and to minimize escape, it should open to anon-public area of the building. b) The walls and ceiling of the room should be painted a neutral color and present a simple but not unpleasant look. c) Interrogation in jail cells should be avoided, since privacy and freedom from interruption cannot be assured. FURNISHING: furnishings in an interrogation room normally will be quite simple, usually a chair for the suspect and a comfortable chair for the investigator/s. A table or desk may also be desirable. a) There should be no telephone in the room, but a panic button to sound an alarm for aid should be installed. b) For safety reasons, many departments prohibit officers from taking firearms into the interrogation room. EQUIPMENT: the interrogation room should be equipped with a one-way mirror and speaker so that persons outside can see and/or hear what takes place inside. a) Hidden microphones will enable a tape recording of the interrogation to be made and allow a witness to hear the suspect’s voice for identification purposes. However, RA 4200 prohibits “bugging” except when the security of the State is endangered. b) Visual surveillance by means of closed-circuit television is also desirable. External visual surveillance is helpful for several reasons: 1. Witnesses may view the suspect without being seen; 2. The safety of the officer in a private interrogation can be assured. 3. Observation may be used to rebut subsequent charges of misconduct and mistreatment (3rd degree) 4. The interviewing officer may leave the room and observe the suspect’s reaction to certain interrogation tactics. FUNDAMENTALS OF CRIMINAL INVESTIGATION 6 AND INTELLIGENCE  ATTITUDE TO BE ADAPTED BY THE INVESTIGATOR DURING INTERROGATION 1. Dominate the interview a. Command the situation (you must be in control) b. Do not address the subject as ma’am or sir c. Never lose self-control (unless it is part of the act) d. Hesitancy in the face of violent reactions (be confident – it will reflect that the investigator knows the whole story) e. Fumbling for questions as a result of lack of resourcefulness. f. Refrain a pleasant mood g. Do not show a feeling of contempt, impatience and scorn. 2. Avoid distracting mannerism a. Example: pacing the room, smoking, telephone ringing, etc. 3. Language to be used a. In consonance with the level of the subject’s mentality. b. Choice of words should be made with the view to encourage a free flow of speech in the subject c. Avoid clash of personalities. 4. Wearing of dress a. Civilian clothes, to inspire confidence and friendship 5. Preliminary Conduct a. Identify yourself b. Inform the suspect about his rights 6. Presence of another person a. Limit the number of persons present in the interrogation. b. Other parties may be allowed only when confession is made by the subject and a witness is required. 7. The choice of place FUNDAMENTALS OF CRIMINAL INVESTIGATION 7 AND INTELLIGENCE  SELECTING THE TECHNIQUE OF INTERROGATION Considers the nature of the crime committed, character of the subject and/or his personalities and limitations. 1. Emotional Appeal (Sympathetic Approach) ▪ An action and a practical psychology (analyse the personality) ▪ Decide a motivation and create a mood conducive to confession ▪ Listen to the subject’s story ▪ Offer friendship and acts of kindness. 2. The Forms of Friendly Approach ▪ As the helpful adviser ▪ As the sympathetic brother ▪ Extenuation – present the affair in its true light ▪ Shifting the blame – what happen to the subject could happen to anyone. – Full narration will convince the judge or the complainant to change their mind. ▪ Role of Mutt and Jeff – one is kind hearted and the other will act stiffly. 3. Creating or increasing the feeling of anxiety ▪ Taking advantage of the emotional state of the suspect (confusion, unable to think logically, and disturbed) By exaggerating fear – there has been no perfect crime and the subject cannot win. The choice of greater and lesser guilt The Line-up method – coached witness or accused The Reverse Line-up – identified by reversal fictitious offense - To escape from accusations, he may become desperate and confess to the crime under investigation The Bluff on the Split Pair – the suspects are separated 4. Stern Approaches (Stern-Severe) advisable among guilty subjects ▪ Pretence of physical evidence ▪ Jolting – for calm and nervous subject - Sudden burst of anger (shout pertinent questions) - Sudden shock ▪ Indifference – discussing the case with other investigator in the presence of the subject, this aims whether they can secure a punishment ▪ Questioning as a Formality – he knows the answers but required to ask questions FUNDAMENTALS OF CRIMINAL INVESTIGATION 8 AND INTELLIGENCE  - Prolonged silence when subject does not give answer that the investigator expects. ▪ Affording an opportunity to lie PHYSIOLOGICAL SYMPTOMS OF GUILT 1. Sweating 2. Color Change 3. Dry Mouth 4. Pulse 5. Breathing METHODS OF RECORDING INTERVIEW AND INTERROGATION 1. Mental Note 2. Written Notes 3. Stenographic Notes 4. Sound Recording 5. Sound Motion Picture FUNDAMENTALS OF CRIMINAL INVESTIGATION 9 AND INTELLIGENCE