Differences between an Interview and Interrogation
The process of an interview is conducted in a very cordial manner and the witness or the subject is placed in a psychological and physical comfortable condition. The person is also free from custody, and mostly it may e a request or a compulsory by the investigator. Interrogation, on its part, is conducted in a custody or interrogation room, where there is psychological and physical pressure.
Briefly describe the:
A) Good Guy-Bad Guy Approach: involves both intimidation of the suspect (bad guy) with threatening and belligerent behavior and the behavior of calmness and supportive (good guy) in order to get a more accurate result.
B) Factual Approach: interrogation of a cynical and professional criminal through confrontation through the physical and incidental evidence, leading to the confession by the criminal.
C) Emotional Approach: to interrogate one day offender in which the interrogator plays with the emotions of the offender such as love, frustrations, hatred, use of sympathy and placing blames on others or objects.
Briefly discuss the fundamental difference between the public and private sectors with respect to Interview and Interrogation.
Public investigators act in service to the state in order to find the actual facts and truth surrounding the commission of a crime, while private investigators are business professionals sought by persons, the companies or other bodies to reveal facts in a crime.
List four (4) types of Interrogation Models listed in the Textbook.
Narrative Method, Factual method, Sweet and sour method.
The major overall goal of an Interrogation is what.
To obtain the facts and figures that could be used to reveal the information presentable in court as evidence.
List the different categories of fears/hurdles that the Interrogator must address to overcome the suspect’s resistance to a confession.
Fear of termination or financial repercussions. Fear of arrest or prosecution. Fear of embarrassment. Fear of restitution. Fear of retaliation
Why is it important to build a Rapport during the Interview/Interrogation Process?
To develop an ease of tension and a cordial relationship at which the suspect will find it easy to provide exhaustive information and lead to confession of the crime.
Please list and briefly discuss four important Constitutional Amendments relating to Interviews and Interrogations.
i. The Functional Equivalence Rule (1980). This amendment of the law aims at allowing silence and other tricks to be used by investigators in order to elicit spontaneous incrimination.
ii. The Deliberately-Eliciting-a-Response Standard. This law allows the use of high tech listening devices during investigations.
iii. The Massiah Doctrine. It allows the use of undercover investigators only when the Miranda rules do not apply.
iv. The Edwards Rule. When a suspect makes a clear and unambiguous request for counseling, then police must stop questioning and that if after police stop the questioning, then the suspect should re-initiate conversation or further communication between him/her and the police.
Briefly discuss the Miranda Rule and when it is used.
This is a law amendment in the United States of America that requires the police to give suspects some warnings prior to the interrogation so that they are aware of their constitutional rights.
What must an employee prove to set forth a case of False Imprisonment in a private sector setting?
Answer: Any threat or use of authority
Please define a false confession and the different Types of False Confessions.
It is a confession of guilt in an offense where the person confessing for the guilt is actually not accountable for the offense.
The three forms of false confessions include: Voluntary, Compliant and Internalized false confessions.
Please list the major factors contributing to False Confessions.
To flee a bad circumstances, avoid a genuine or obscure threat, and to gain some reward
List and define “Common Terms” associated with the meaning of Behavior.
Suppression: this is the treatment of facts obtained in infringement of persons’ constitutional rights.
Privacy is a fundamental right, perhaps the most fundamental right.
Probable Cause a single legal perception with which the police must have an advanced understanding of.
Fundamental Fairness: also known as the accepted law theory of due procedure and which allows the states to decide any precise way they desire to hear the specifics in a case, as long as the state is provided that the essentials of a fair trial.
What factors does a “Liar’s” success depend on?
Change of behavior, pretence of no recognition of facts surrounding the crime and provision of stories to impress the interrogators.
List differences and commonalities between the Untruthful and the Truthful Suspect
Differences: Truthful suspects often have positive stories. Deceiving suspects more frequently have subdued narratives. Honest suspects often make logical stories. Deceptive suspects frequently create irrational stories.
Similarities: both types of suspects sometimes develop a sense of fear and tension, and always try as much as possible to show how innocent they are.
Please give six (6) examples of Verbal Behavior of the Untruthful Suspect.
Delayed answers, followed by an forced ‘no answers. Qualifications linked to answers. Frequently delayed statements. Frequent appearance of deep thought before answering. An apologetic or pleading ‘no’ answer, failure of repeating the exact story given before, and misconnection of stories.
The Suspect’s FEAR of the consequences of lying fall into what five (5) areas?
Apprehension, detainment, prosecution, conviction and revelation of the truth to the public
List six (6) reasons the Interviewer/Interrogator can trigger (plausible) denials on the part of the suspect.
Apparent indication of the possible consequences of confession; slight indication of the possible results of the report, excessive speaking on the side of the investigator, expression of dissatisfaction or excessive satisfaction with the narration of the suspect, use of excessive persuasion by the interrogator towards confession.
Describe the use of “MIRRORING” during the interview process.
Mirroring is a technique which interrogators use and introduce to the suspects in order to alter their posture and behavior so that the investigator determines whether his posture rhymes with that of the suspect, and thus indicate a possibility of cordial relationship.
Please list seven (7) components of the Investigative Interview Structure.
Systems, Preparation & Planning
Law Relevant to Interviewing, Personality Considerations/Subject Assessment, Interview Strategies, Cognitive Interviewing, Behavioral Questioning, Detecting Deception, Confession Techniques, Evidence Presentation, Validating Statements.
Please list five (5) techniques that are incorporated into the Cognitive Interview.
Context recreation, focused concentration, extensive retrieval, varied retrieval, multiple representations.
Please list eight (8) reasons WHY SUSPECTS CONFESS.
To avoid police interrogation, to hasten the process of their release, when they feel that the judgment could be lenient, if the interrogator develops a good relationship that appear friendly rather than official to the suspect, in the hope that the report will favor them.
What factors should the Interviewer/Interrogator consider when deciding to confront a suspect?
The possible consequences, the experience of the suspect in law, frequency of the suspect in criminal cases, the nature of the case, the prevailing legal issues, the place of interrogation.