Interview and Interrogation PDF

**INTERVIEW AND INTERROGATION** A Philosophy of Interview and Interrogation: The RIGHT officer asking the RIGHT questions in the RIGHT manner at the RIGHT time and in the Right place will get the RIGHT answers. **Interview** - Interview is defined as a structured conversation where one person...

**INTERVIEW AND INTERROGATION** A Philosophy of Interview and Interrogation: The RIGHT officer asking the RIGHT questions in the RIGHT manner at the RIGHT time and in the Right place will get the RIGHT answers. **Interview** - Interview is defined as a structured conversation where one person or the "interviewer" seeks to gather information from another or the "interviewee" as part of any investigation or intelligence operation. - The objective is to obtain accurate and reliable information while respecting human rights; eliciting facts is the aim, not a confession. In the process of interviewing suspects there is the added potential goal of obtaining an admission of guilt or a confession. - However, this must not be the primary or sole purpose of the interview as even a confession must be substantiated by information and evidence. This will reduce the likelihood of a false confession and will also enable officers to present stronger case against the suspect, should a confession later be retracted. **THE GOLDENRULEOFINTERVIEW** "Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime scene. The questioning will lead wayward for the interviewer who had not seen personally the crime scene and he will not be in a position to distinguish half truths, exaggerations for falsehood from the answer of the person being interviewed". **Interrogation** - Interrogation is a process of questioning by which police obtain evidence. The purpose of an interrogation is to elicit from the suspect or from his or her relatives or associates information that they may be suppressing in order to protect the suspect from being subjected to criminal prosecution (Galero-Müftüoğlu,2017,p. 187). - Interrogation process is largely outside the governance of law except for rules concerning the admissibility at trial of confessions obtained through interrogation and limitations on the power of police to detain suspected persons against their will. **THE GOLDEN RULEOFINTERROGATION** "Make him admit something, no matter how small or trivial. Usually, the first admission will lead to another. In securing the first admission is the biggest stumbling block in dealing with tough suspects". **PHYSICAL SIGNS OF DECEPTION** SWEATING -- Profuse sweating indicates tension, anxiety, shock or fear. Extreme nervousness is also the cause of sweating. COLOR CHANGES -- Anger is indicated if the face is blushed. It is also the result of extreme nervousness or embarrassment. It is necessarily a sign of deception or guilt. A pale face is a reliable indicator of guilt or deception. DRY MOUTH -- This is a sign of great tension and is reliable symptom of deception. Swallowing, constant movement of the Adam's apple and sweating of the lips are indications of dryness of the mouth. 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. PULSE -- When observed at the sides of the neck, the investigator will discover the increase in pulsebeat which is indicative of deception. AVOIDANCE OF DIRECT EYE CONTACT -- This may indicate guilt or deception. Misty or teary eyes indicate remorse or repentance. **Kinds of Lies** 1. **White lie or Benign lie-** these are the kind of lies used to protect or maintain the harmony of friendship or any relationship. 2. **Black lie-** a lie which accompanies pretensions and hypocrisies, intriguing to cause dishonor or discredit one's good image. 3. **Red lie-** this involves polit ical interest and motives because this is part of communist propaganda strategy. 4. **Bold-faced lie**- is one which is told when it is obvious to all concerned that it is a lie. For example, a child who has chocolate all around his mouth and denies that he has eaten any chocolate is a bold-faced liar. 5. **Malicious or Judicial lie** - this is very pure and unjustifiable kind of lie that is intended purely to mislead or obstruct justice. 6. **Pathological lie-** this lie can be made by persons who cannot distinguish right from wrong. 7. **Emergency/Defensive lie**- is a strategic lie when the truth may not be told because it may harm a third party. For example, a neighbor might lie to an enraged husband about the whereabouts of his unfaithful wife, because said husband might reasonably be expected to inflict physical injury should he encounter his wife in person. Alternatively, an emergency lie could denote a (temporary) lie told to a second person because of the presence of a third. 8. **Humorous/Jocose Lie**- are those which are meant in jest and are usually understood as such by all present parties. Teasing and sarcasm are examples. 9. **Promotion lies**- advertisements often contain statements which are incredible, such as "We are always happy to give refund" or exaggerated predictions such as "You will love our new product". 10. **Altruistic Lie** - These lies are told with the [motivation](https://www.psychologytoday.com/us/basics/motivation) to help or protect others. Examples is telling someone their new haircut looks great when it really doesn't.  11. **Aggressive lie-** refers to a type of deception where the individual lying does so with a high degree of confidence, often using assertive or confrontational behavior to attempt to conceal the truth. These lies are typically characterized by direct, bold statements meant to convince the examiner or others that they are truthful, even when they are not. 1. ** Panic Liars -** one who lies in order to avoid the consequences of a confession, they are afraid of embarrassment, and it is a serious blow to their ego. They believe that confession will just make the matter worst 2. **Occupational Liars -** Are practical liars and lies when it has a higher \"pay off\" than telling the truth. 3. **Tournament Liars** - Are those who love to lie and are excited by the challenge of not being detected. For them an interview is a contest and wants to win, this person realizes that they will probably be convicted but will not give anyone the satisfaction of hearing them or her confesses, the want that people will believe that the law is punishing an innocent person. 4. **Psychopathic Liars** - The most difficult type, these persons have no conscience and shows no regret for dishonesty and no manifestation of guilt. 5. **Ethnological Liars** - Are those who taught not to be a squealer (squeal to cry or to shrill voice-used by underworld gang in order for their member not to reveal any secret of their organization). 6. **Pathological Liars**- are people who cannot distinguish right from wrong due to their sick mind. They are insane. 7. **Black liars**- are people who always pretends what he is and what he thinks of himself. 8. **White liars**- people to censor harmful truths, reframe socially awkward facts in order to be polite and spare another's feelings. Tells untruth to protect other's feeling. 9. **Sociopathic Liars-** are the most damaging types of liars because they lie on a routine basis without conscience and often without reason. Whereas pathetic liars lie to get along, and narcissistic liars prevaricate to cover their inaction, drama, or ineptitude, sociopaths lie simply because they feel like it. Lying is easy for them, and they lie with no conscience or remorse. 10. **Compulsive liars**- bend the truth about everything, large or small. For a compulsive liar, telling the truth is very awkward and uncomfortable, while lying feels right. 11. **Occasional liar**- lies at times to try to make themselves look good or to get their needs met **Confession v. admission** A **confession** is a declaration made at any time by a person, voluntarily and without compulsion or inducement, stating or acknowledging that he had committed or participated in the commission of a crime. The term **admission**, on the other hand, is usually applied in criminal cases to statements of fact by the accused which do not directly involve an acknowledgment of the guilt of the accused or of criminal intent to commit the offense with which he is charged. (U.S. v. Corrales, G.R. No. L-9230) **Extra-Judicial** means made outside of the court or executed without the intervention of the court. **What are the requisites of a valid extrajudicial confession?** To be admissible, an extrajudicial confession must satisfy the following requirements: (1) **the confession must be voluntary; (2) it must be made with the assistance of a competent and independent counsel, preferably of the confessant\'s choice; (3) it must be in writing.** (People v. Cachuela, supra) To be acceptable, it must conform to constitutional requirements. **A confession is not valid and not admissible in evidence when it is obtained in violation of any of the following rights of persons under custodial investigation.** If the extrajudicial confession satisfies these constitutional standards, it is subsequently tested for voluntariness, i.e., if it was given freely without coercion, intimidation, inducement, or false promises; and credibility, i.e., if it was consistent with the normal experience of mankind. (People v. Muleta, G.R. No. 130189, 6/25/99)