Interviews & Interrogations

Discussing or showing interviewees what can lead to motions to suppress evidence, damage officer's credibility and generate distrust, especially when interviewee knows it is this.

False Evidence

When an interpreter is not immediately available, use the following communication strategies while waiting for the interpreter to arrive. - Be patient. - Smile when appropriate. - Speak slowly and clearly. - Do not increase voice volume. - Be concise ("Yes" and "No"). - Use words with 1-2 syllables and short sentences. - Do not use slang English or jargon. - Do not use conjunctions (e.g., don't, can't, etc.). - Avoid using filler words (e.g., like, yea, um, uh, etc.). - When asked to repeat something, do so verbatim. - Recognize that other cultures may have different standards for touching, eye contact and personal space. In the case of serious criminal offenses, it may be best to have no communication until an interpreter arrives.

General communication strategies

People may confess believing that it is in their best interest. The stronger the evidence is against them, the more likely a person will confess.

Gain

Knowing means the suspect was properly informed of and sufficiently aware of their Miranda rights. Miranda warnings must be administered in a language and manner the suspect can understand. (Commonwealth v. Siny Van Tran)

Knowing

Suspect was properly informed of and sufficiently aware of their Miranda rights. Miranda warnings must be administered in a language and manner the suspect can understand.

Knowing

The Commonwealth has the burden of proving a waiver is valid beyond a reasonable doubt. For a Miranda Waiver to be valid, what must it be?

Knowing, Intelligent, and Voluntary

During the Identify and Push phases, suspects may begin to show signs (verbal and non-verbal) that they are ready to tell the truth. Listen for sighing and off-topic utterances and look for sudden changes in suspect posture and eye contact. Use the following best practices to Listen during interrogations. (1) Use silence. (2) Use active listening techniques and careful observation. (3) Use closed-ended questions to clarify suspect statements. (4) Take notes and develop follow-up questions when needed.

Listen and Look

In most cases, the person who confesses is the person responsible. In these circumstances, a confession directly acknowledges the truth of the elements of the crime that are under investigation. "Truthful confessions are typically motivated by guilt and gain." The best confession will be corroborated with independent evidence.

Truthful confessions

What is the MPTC motto?

"Professional Service through Integrity, Equality, and Excellence.

One of the questions left open in Edwards was whether police were forever prohibited from re-initiating questioning after a defendant invoked the right to counsel unless [1] counsel was provided, or [2] the defendant initiated the contact and communication. In (Maryland v. Shatzer), the Supreme Court answered that question by creating a limited exception to the "Edwards Rule" if the prosecution can establish that there was a break in the defendant's custodial status ("custody" in the Miranda context), for at least 14 days and a demonstration that any subsequent custodial interrogation was initiated only after a valid waiver of Miranda rights by the suspect. Note: Questioning suspects after a 14-day break in custody may violate 6th Amendment right to counsel if the suspect has been formally charged with the crime that is the focus of the interrogation. These exceptions are not frequently encountered, and officers are encouraged to confer with their District Attorney's Office before re-starting any interrogation after invocation of rights.

14-day break in custody

Which Amendment make only voluntary statements admissible in court?

14th Amendment

Only voluntary statements are admissible in court.

14th Amendment Protection

Which Amendment could make any statement made during an unlawful seizure inadmissible?

4th Amendment

Any statement made during an unlawful seizure could be inadmissible.

4th Amendment Protection

Which Amendment provides the privilege against self-incrimination?

5th Amendment

The privilege against self-incrimination

5th Amendment Protection

Which Amendment provides the right to counsel?

6th Amendment

Right to counsel.

6th Amendment Protection

False or unfounded (blank) of lying or withholding information. This can damage officer's credibility and generate distrust, especially when interviewee knows this is false.

Accusations

What are the following a part of? a) Make consistent eye contact. b) Summarize answers and statements. c) Non-verbal gestures and verbal prompts. d) "Echo probing" e) "Mirroring" f) Silence

Active Listening

What is a combination of body language, questioning, and summarizing to show interest. Officers who actively listen during interviews are more effective at building rapport, demonstrating respect, and gathering information. "Victims, witnesses and suspects provide 3-4 times more information to officer who actively listen during interviews.

Active Listening

What is a combination of body language, questioning and summarizing to show interest called? Officers who do this during interviews are more effective at building rapport, demonstrating respect and gathering information. Victims, witnesses and suspects provide 3-4 times more information to officers who do this during interviews.

Actively Listening

Under what legal standard can no person be compelled to furnish evidence against themselves?

Article 12

No person shall be compelled to furnish evidence against himself.

Article 12 Protection

Where is an interview typically located?

At a Public or Private place

Where is an interrogation typically located?

At the Police Department

What are the following? 1. Treat people of all races, ages, cultures and beliefs equally. 2. Be patient, listen and give all sides equal time and opportunity to communicate their position. "I'm just trying to get to the bottom of this and find out what really happened." 3. Recognize and manage biases in self and interviewee. 4. Avoid leading questions. Do not use questions that suggest or otherwise imply an answer. This can be more pronounced with victims and witnesses. (Leading e.g., "Did he punch you in the face?) (Not Leading e.g., "How did you get hurt?) Note: During long interviews, officers can become impatient or tired and use leading questions. Prepare list of open-ended questions in advance, stay on track, and be prepared to deviate from the script when needed. Some interviewee answers may require follow up questions that were not identified 5. Do not use dominant techniques. Officers who use accusations, coercion and other dominant interview and interrogation techniques get less information. Dominant techniques produce more denials, refusals, false statements and confessions. The use of such techniques could also result in the court suppressing the statements, meaning they cannot be used at trail.

Best Practices for Demonstrating Neutrality during Interviews and Interrogations.

What are the following? 1. Show empathy by sincerely communicating an understanding for interviewee physical and emotional needs. 2. Always be courteous and polite even when the interviewee fails to do the same. Consider the following example: "I understand that you are [upset/nervous/stressed], but I've treated you fairly and respectfully. I have not raised my voice or yelled. I would appreciate the same from you." 3. Explain interview or interrogation processes up front and follow through. 4. Never use humiliation or sarcasm. 5. Do not communicate your personal opinions or be judgmental about interviewee actions, statements, or behavior. 6. Use appropriate language for age, culture or group affiliation. When language is used inappropriately, it can be interpreted by interviewee as "posing" or being disrespectful.

Best Practices for Demonstrating Respect during Interviews and Interrogations.

What are the following? - Rapport - Respect - Neutrality - Questioning - Active Listening - Professionalism

Best Practices for Interviews & Interrogations

(1) Date and time (2) Specific reason for field interview (a) Witness, victim, suspect (b) Neighborhood canvass (c) General contact (3) Location (a) Weather and other relevant conditions (b) Interviewee reason/purpose for being in location (c) Proximity of interview location with crime scene (4) Interviewee Description (a) Name and Age (b) Current home address (c) Phone number and best time to re-contact (5) Interviewee description (a) Height, weight, gender, and race; include specific or unique characteristics to identify person (e.g., tattoos, etc.) (b) Full clothing and accessory descriptions; include specific or unique characteristics (e.g., wears glasses, clothing brands, carrying backpack etc.) (c) Physical and emotional state; include injuries, influence of alcohol or drugs (6) Interviewee mode of travel (a) Includes direction and mode (e.g., on foot, bicycle, motor vehicle) of travel (b) Provide full descriptions of motor vehicles and bicycles. (7) Questions asked by police (8) Statements made by interviewee; this includes answers to police questions (9) Request to conduct consent search (10) Length of interview

Best Practices for Reporting Field Interviews

- Be neutral - Be responsible - Be prepared Be organized and have needed documents and forms ready (e.g., Miranda waivers, recording, etc.). Test and confirm audio or video recorders are working properly. Bring extra pens, notebooks, paper and batteries. Anticipate reactions of interviewee. Victims, suspects and even witnesses can breakdown emotionally; suspects may become violent when confronted with their actions. - Recognize limitations When needed, seek assistance and use another officer with additional skills to conduct the interview or interrogation. Assisting officers should be briefed or familiar with case facts and circumstances. Use two officers whenever possible to conduct interview not just when need is perceived.

Best Practices to Demonstrate Professionalism during Interviews and Interrogations.

1. Make consistent eye contact throughout the interview 2. Summarize interviewee answers and statements. This demonstrates officers desire to gather accurate and complete information - "What I heard you say was [x]. Is that correct?" - "Is everything I just said accurate?" 3. Use non-verbal gestures (e.g., nodding head, etc.) and verbal prompts to encourage and facilitate interviewee participation. - "I see." - "Okay." "Go on." Note: Avoid body language or comments that communicates surprise, sarcasm, shock or disappointment. 4. Echo probing During pauses, use echo probing - repeating the interviewee's last few words verbatim - to inspire further elaboration. - Witness: "After the crash, the driver just kept going and would not stop." - Officer: "He would not stop. Ok." 5. Mirroring Mirroring is when one person consciously or subconsciously imitates gestures, seating position or spoken words of another. People who share rapport tend to mirror each other's gestures. 6. Silence Many people will speak just to avoid periods of silence. Waiting to talk can provide interviewees with time to think and inspire further communication.

Best Practices to demonstrate active listening during Interviews and Interrogations.

1. Use open and closed-ended questions strategically. Closed-ended questions call for short, concise answers which may limit the amount of information obtained. Closed-ended questions can be used to: - Gather basic information - Begin each interview with a series of closed-ended administrative questions (e.g., name, address, DOB, etc.) that are unlikely to generate anxiety and easy for people to answer. This helps officers: - Begin rapport building - Establish their authority - Provide structure to the interview - Identify shared interests, likes or dislikes with interviewee (i.e., build rapport), but be genuine. - "Did you watch the game last night?" - "Did you hear about [topic]?" - "What do you think about [topic]?" - Confirm or clarify answers to open-ended questions. - Ask direct questions to determine conduct or knowledge. - "Did you take the $500?" - "Do you take a walk every night?" - "Was Dan involved in the robbery?" Watch interviewee's body language and behavior for future comparison. For example, interviewee body language to non-threatening closed-ended questions vs open-ended questions where more anxiety was detected. Open-ended questions call for a narrative response which can produce more accurate information because they allow interviewees to take control of the conversation and communicate freely. This also helps build rapport. Open-ended questions are used to: - Facilitate general conversation - Identify shared interests, likes or dislikes with interviewee (i.e., build rapport) - Understand interviewee, communication style, memory and personality - Gather initial facts "Please tell me what happened?" "Why do you believe [topic] happened?" - Gather unsolicited information "What questions do you have for me?" "Is there anything you think I left out or need to know?" - Identify contradictions - Watch interviewee's body language and behavior for future comparison. For example, interviewee reaction to non-threatening closed-ended questions vs. open-ended questions where anxiety or deception was detected. 2. Be aware of the spacing of your questions. Given interviewee time to answer each question fully at their own pace. Do not rush them to finish an answer or ask questions in rapid-fire succession. If an interviewee has difficulty remembering or cannot answer a question, officers can ask the question again later in the interview. For example, officers can say "We can come back to that later" and make a note of it.

Best Practices when Asking Questions during Interviews and Interrogations.

Officers will often be called to a scene to collect information related to a specific incident such as the scene of a robbery or shooting. a) Use P.R.I.D.E.S. b) Separate and prioritize To ensure information provided is unique to each interviewee, separate witnesses, victims and suspects as soon as possible. In some cases, a scheduled interview may be needed. When circumstances allow, officers can prioritize order of people to interview (1) Victim (2) Witness (3) Suspect Interview suspects last allows investigators to gather evidence first and develop a general understanding of what happened. c) Location (1) Select a location that offers physical safety for officers and interviewees. When needed, maintain a safe distance and use contact & cover tactics. (2) Find a location with limited distractions (e.g., noise, movement, weather). (3) Use private location when needed. Some people may be afraid or reluctant tot talk with police in public settings. Reasons include fear of retaliation by neighbors, culture or a simple desire to remain anonymous. Giving interviewees privacy and confidentiality when practical can increase participation and accuracy of information provided. In some cases, it may be more effective to gather basic contact information at the scene and arrange for a schedule interview. Interviewee's privacy needs during a field interview must be balanced with safety needs of officers, suspects and innocent third parties. d) Use time efficiently Duration may limit amount and depth of information. Some field interviews may require people to deviate from daily routines or schedules. For example, a witness who was on their way to work may have limited time to talk with an officer immediately. To increase interviewee participation and accuracy of information provided, officers must adapt to time constraints by: (1) Conducting a brief interview to determine if a person has any information of value (2) Quickly gathering name, phone and address of person to make contact later (3) Setting up a scheduled interview on a date and time convenient for person Nature and seriousness of event will determine how long officer can wait to interview people. e) Report the interview Type of information needed to report this kind of interview will be determined by circumstance. Refer to agency policy for reporting requirements.

Best practices for interviews conducted related to a specific incident

a) Address victim's need for physical and emotional safety first. In general, officers will need more time to interview victims who have been injured. Physical and emotional trauma can prevent victims from focusing or concentrating in details related to the crime. Stress and anxiety can also delay event recall. Some property crime victims (e.g., breaking & entering, motor vehicle theft, etc.) may feel personally violated or unsafe in their own homes b) Use P.R.I.DE.S. interview method. c) Be patient and do not rush. Victim injuries, emotions and alcohol or drug influence can reduce accuracy and reliability of information provided and may prevent officers from conducting interviews immediately. If needed, make arrangements for a follow-up scheduled interview as soon as possible after the crime. Choose interview location where victim will feel safe. d) Avoid or limit sharing information provided by other sources (e.g., witnesses, suspects) with victim. Doing so may contaminate the victim's memory and reduce information reliability. e) Ask victim to write down details when remembered. It is not uncommon for victims to remember details as stress from event begins to subside. Provide victims with a contact phone number. When property stolen is expensive, sentimental or a necessity, victims can become fixated on these items and unable to realize other missing property. It is also not uncommon for victims to realize days after the initial investigation that other property was stolen. Common information that victims may need to forward to officers later includes the following: - Property value (e.g., receipts, appraisals) - Model, make and serial numbers - Pictures of property f) Provide victims with social service, emergency or other referral information. g) Be responsive and keep victim informed. Return victim messages promptly and keep them informed about case status or if the offender was released from jail on bond. Following up with victims to simply see how they are doing can go a long way to building effective citizen relationships.

Best practices to use when interviewing victims

i. Obtain written statement at the end of interview. ii. Provide interviewee with pen and paper (or agency form) to write statement by hand. iii. Remind interviewee to include dates, times, people and anything he/she believes is important. iv. Provide interviewee with privacy to write statement. v. Review completed statement with interviewee. if an interviewee wants to make a correction, instruct him to cross it out and initial by hand. vi. Have interviewee confirm/verify written statement with name, signature, date and item.

Best practices when obtaining written statements

Officers may need to clarify information known prior to or provided by suspects during the interrogation. Use the following best practices to Clarify Information. (1) Make an initial statement that provides suspects with an open invitation to clarify or explain. - "This is your chance to set the record straight." - "Nobody has heard your side of the story yet." (2) Use open-ended questions to gather initial statement and clarify details. - "In your own words, please tell me exactly what happened last night. Start from the time you left work." - "What else can you tell me about (X]?" (3) Don't interrupt, even if the suspect is being untruthful. Allow suspect to answer without interrupting and identify areas for follow-up questions. Note information that contradicts with known evidence or prior statements made by suspect. Ask follow-up questions later or after initial question is fully answered. (4) Use gesturing, mirroring, echo probing, silence and other active listening techniques to encourage suspect to keep talking. Effective officers flex their communication style to match personality of suspect. (5) Listen to suspect word choices, watch behavior and take notes. (6) Try to obtain a confession. Guilt, gain and stress are the most common reasons why people confess to crimes.

Clarify Information

What means to explain "why" actions are taken?

Clarity

What helps officers do the following? - Gather basic information to provide structure - Identify shared interests, but be genuine - Watch body language and behavior for comparison - Confirm or clarify answers to open ended questions - Ask direct questions to determine conduct or knowledge Watch interviewee's body language and behavior for future comparison. For example, interviewee body language to non-threatening these types of questions than the other type where more anxiety was detected.

Closed-Ended Questions

What are questions that restrict answers to pre-defined choices which may also limit amount of information obtained called?

Closed-ended

What type of questions are designed to intentionally limit and force people to give answers that fit an officer-supplied narrative generates distrust?

Closed-ended questions

Using physical force, making threats, conducting long interviews or engaging in inappropriate psychological manipulation is all what?

Coercion

What are the following? - Ask follow-up questions -Verify accuracy of information - Determine a person's involvement in or knowledge of a crime - Obtain better understanding of a problem and develop solutions (e.g., vandalism, domestic violence victim, etc.)

Common purposes for scheduled interviews

What means being polite and king to people?

Courtesy

Under the following certain circumstances the suspect is likely to be in what? - Police tell a person he "cannot leave." - Police tell a person he is "under arrest." - Police handcuff and transport person to another location - Police tell a person to sit down, then stand or hover over person A person is in this if a reasonable person facing the same facts and circumstances would believe that he is in custody and not free to leave. (Commonwealth v. Buckley) A person will be considered to be in custody if, "from the point of view of the person being questioned, the interrogation took place in a coercive environment. (Commonwealth v. Bryant)

Custody

What are the following? 1) Where did questioning take place? 2) Did police communicate to person that they are a suspect? 3) What type of questions did police ask? 4) Did officers use a dominant or aggressive technique or an informal interview methodology? 5) Was person free to leave interview location or to ask police to leave?

Custody Court Questions

People can be untruthful, especially when questioned by the police. It is not uncommon for suspects, witnesses and victims alike to intentionally lie or provide false information. To obtain factual information during interviews and interrogations, officers must work on detecting deception. In general, people are not very effective at detecting deception in others. "Detecting deception is a complex and incompletely understood process. Officers typically believe they are able to detect deception with high degrees of accuracy." Advanced training and experience will help to build your skills at detecting truthfulness and deception.

Deception

What means showing good manners?

Decorum

The following are a part of what? a) Use open-ended questions to gather initial facts. b) Allow interviewee to answer without interrupting. Identify areas that need follow-up. c) Use gesturing, mirroring, echo probing, silence and other active listening techniques. d) Watch interviewee behavior and listen to word choices. e) Take detailed notes on interviewee answers and relevant behaviors.

Develop Information

Information is developed by asking questions, watching behavior and listening. The following tasks are part of the Develop Information phase. a) Use open-ended questions to gather initial facts. "Starting from the time you came home, please tell me what happened." "Starting from the time you woke up this morning tell what happened." "Please describe what you saw when you looked out of your window." "Please explain the exact nature of the problem for me." b) Allow interviewee to answer without interrupting. Identify areas that need follow-up and use notes to develop more questions. Ask follow-up questions after initial question is fully answered or at end of interview. Note: With advance planning and roles defined, the second officer present can help by asking follow-up questions. In general, second officer assistance with questioning should be limited and only when asked/directed by primary that is his/her opportunity to do so. c) Use gesturing, mirroring, echo probing, silence and other active listening techniques to encourage interviewee communication. d) Watch interviewee behavior and listen to word choices. Effective officers are self-aware and flex their communication style to personality of interviewee. e) Take detailed notes on interviewee answers and relevant behaviors.

Develop information

(1) Interrogation begins when police ask a direct question designed to or reasonably likely to elicit an incriminating response (Miranda v. Arizona) (2) However, courts have ruled that officers cannot engage in the "functional equivalent" of interrogation when they use words or actions the officer knows or should know are reasonably likely to elicit an incriminating response. (Rhode Island v. Innis) (3) For example, where police officers who were unable to locate a murder victim's body told a mentally ill and deeply religious suspect that the victim deserved a Christian burial, and the suspect responded by revealing the location of the body, the court deemed the police conduct to be an interrogation, even though the officers did not ask direct questions about the murder. (Brewer v. Williams) (4) Booking questions are generally not considered to be "interrogation" because they are not reasonably likely to elicit an incriminating response. (Pennsylvania v. Muniz)

Direct questioning or functional equivalent

What are the following? - Accusations - Coercion - False evidence - Closed-ended questions

Dominant Interview and Interrogation Techniques

Were all statements made borne out of the suspect's own free will?

Due Process Analysis

What means to demonstrate understanding for other people's feelings and emotions?

Empathy

The following are a part of what? a) Review statements and provide interviewee with opportunity to elaborate or clarify. - "Let's review what we discussed to make sure I understand." - "What I heard you say was [topic]. Is that correct?" - "Is there anything that needs changed?" b) Use closed-ended questions to confirm statements and pursue areas identified for follow-up. c) Use open-ended questions when more detail or elaboration is needed. Avoid leading questions. Written Statements (as is beneficial) 1. Obtain at the end of interview (or interrogation). 2. Provide pen and paper (or form) to write by hand. 3. Include anything interviewee believes is important. 4. Provide interviewee with privacy to write. 5. Review completed statement with interviewee. 6. Verify with name, signature, date and time.

Evaluate

Officers must evaluate information provided during the interview. This is accomplished by reviewing and asking follow-up questions. The following tasks are part of the Evaluate phase. a) Review statements and provide interviewee with opportunity to elaborate or clarify. "Let's review what we discussed to make sure I understand everything." "What I heard you say was [topic]. Is that correct?" "Is there anything that needs to be changed?" b) Use close-ended questions to confirm statements and pursue areas identified for follow-up. c) Use open-ended questions when more detail or elaboration is needed. Avoid leading questions. d) Obtain written statements. Officers should consider whether a written statement of the witness would be beneficial to the investigation. Obtaining written statements from interviewees can add credibility and strengthen validity of information provided during interviews. Officers should consider that a written statement may not be necessary if the officer obtained a thorough statement from the witness during the interview. Any written statement in a criminal case must be provided to the prosecutor who will also provide it to the defendant. The statement could be used by the witness at a later time to refresh their memory about the events. A statement that omits certain details; however, could also adversely affect the credibility of the the witness. Officers should refer to employing agency policy or practice for obtaining written statements.

Evaluate information

The communication between officers and suspects during interrogations is testimonial evidence. It is critical for officers to document exactly what was said, by whom, and how it was said during interrogations. Use the following Evidence collection practices for interrogations. (1) Enter interrogation audio and video recordings into evidence using reliable chain of custody. (2) Ask suspect to make a written statement. Written suspect statements can help demonstrate voluntariness, strengthen validity of information provided and add credibility to confessions. - Written statements are completed at the end of the interrogation. - Suspects may include an apology to victims, family members or others. Offering suspect an opportunity to apologize gives them more control of the writing process and helps establish voluntariness of information provided or confession. - Allow suspects to include their rationale or reason for committing the crime (e.g., addicted to drugs, needed money for food, etc.). - Review completed statement with suspect. If suspect wants to make a correction, instruct him to cross it out and initial by hand. - Have suspect confirm/verify written statement with name, signature, date and time. - Use a reliable chain of custody when submitting written statements into evidence.

Evidence Collection

To re-iterate, Miranda warnings must be administered in all cases where there is custody AND interrogations. There are certain limited circumstances in which the warnings need not be given that include the following: (1) Routine booking question exception During the booking process, officers do not need a Miranda waiver to ask routine questions not reasonably likely to elicit an incriminating response. Routine booking questions are restricted to the general arrest process (e.g., name, height; weight; age; address; etc.) (Pennsylvania v. Muniz) (2) Public safety exception There is a narrow exception to the Miranda requirement when public safety is at issue. Police may question suspects in custody without obtaining a Miranda waiver if they have a reasonable belief the suspect has information that would help protect life. To meet the "public safety exception," police questions must be limited to those reasonably necessary to obtain information about protecting life. The public safety exception is most applicable in circumstances where there is reasonable danger to the public, officers, victims, and suspects, including questions pertaining to the location of a gun. (New York v. Quarles) In Quarles, officers were on patrol at 12:30AM and were approached by a woman who said she was just raped. She described the man and said he just entered the A&P supermarket and that he had a gun. Officers went into the supermarket and found the defendant. He matched the description given by the victim. Upon seeing the officer, he ran to the back of the store and officers lost sight of him. Three (3) backup officers arrived and the defendant was stopped in the store. After a frisk, the officer found an empty shoulder holster. The defendant was handcuffed and then the officer asked where the gun was. The defendant made a motion with his head and said, "The gun is over there." The gun was recovered. The defendant was formally placed under arrest and given Miranda. The court found that the defendant was in custody when he was asked about the gun. His statement was not suppressed because the court found that these facts presented a public safety exception to the Miranda requirement. Officers were in a situation in which there was an immediate need to locate a gun that they had every reason to believe the defendant had recently discarded in the supermarket. Note: Officers must provide specific and articulable facts in their report that explain public safety exception.

Exceptions to Miranda warnings

Suspect waives rights verbally (i.e., "Yes") or in writing.

Express Waiver

Suspect waives rights verbally (i.e., "Yes") or in writing.

Express waiver

Suspect's conduct implies an intent or desire to waive their rights.

Implied waiver

In rare circumstances, the person who confesses is not the person responsible. "Twenty-five percent (25%) of wrongful convictions include false confessions" and "false confessions are typically motivated by stress and gain."18 Interviewee age and emotional disability are also common factors for false confessions. Dominant interview techniques used by officers create fear. People give false confessions out of fear associated with perceived consequences for not confessing."People will take advantage of short-term gains to obey an authority figure when long-term consequences are delayed." For example, people have given false confessions to end the stressful interrogation experience (short-term gain) and dismissed the long-term consequences of a wrongful conviction. "Unreasonably lengthy interrogations are associated with false confessions. Simply ending a stressful interrogation may be enough for some individuals to provide a false confession." False confessions occur more frequently with people who are younger or afflicted with psychological vulnerabilities. Age and emotional disabilities can make people more naive, compliant, impulsive and less able to perceive risk. Attitudes and beliefs are also susceptible to change through pressure and persuasion, especially when the source of persuasion is trustworthy and highly credible, like a police officer.

False confessions

Field interviews will always require the filing of a Field Contact, Field Interview, or Field Observation report. Refer to your department policy for the proper reporting form. Even seemingly routine information may assist in future investigations so proper documentations is critical. The type of information needed to report a field interview will be determined by circumstance.

Field Interview Reporting

What are the following a part of? 1. Date and time 2. Specific reason for interview 3. Location 4. Interviewee contact information 5. Interviewee description, emotional state, and drug/alcohol influence 6. Interviewee mode of travel 7. Questions asked by police 8. Interviewee statements and answers 9. Request to conduct consent search 10. Length of interview

Field Interview Reporting

What are brief interactions when a police officer stops a person to talk with, and ask that person questions to learn information called? These are used to learn basic and real-time information about people, places and events.

Field Interviews

What is a brief interaction when a police officer stops a person to talk with, and ask that person questions to learn information? These are used to learn basic and real-time information about people, places, and events. These generally occur while working uniform patrol, take place in public settings and last less than 20 minutes.

Field Interviews

What are the types of Interviews?

Field Interviews & Investigative Stop/Terry Stop/Threshold inquiry

What are the two (2) types of unscheduled conversations for law enforcement purposes?

Field Interviews and Terry stops/Threshold inquires

People may confess to remove feelings of guilt and shame associated with committing crimes or violating social norms.

Guilt

Why do people confess?

Guilt, Gain, or Stress

1. Demonstrate empathy by sincerely communicating an understanding for interviewee needs. 2. Be courteous and polite at all times. 3. Explain interview processes up front and follow through. 4. Never use humiliation or sarcasm. 5. Do not communicate personal opinions or be judgmental. 6. Use appropriate language for age, culture or affiliation. When language is used inappropriately, it can be interpreted by interviewee as "posing" or being disrespectful.

How to Show Respect

1. Treat people of all races, ages, cultures and beliefs equally. 2. Be patient, listen and give all sides equal time and opportunity. 3. Recognize and manage biases in self and interviewee. 4. Avoid leading questions. 5. DO NOT use dominant techniques. - accusations - coercion - false evidence - closed-ended questions

How to be Neutral

What are the following? 1. Be neutral, fair and impartial. 2. Be responsible and follow all legal standards. 3. Be prepared and ready to go. 4. Recognize limitations

How to be Professional

Gradual revealing of truthful information and highlighting suspect contradictions about evidence is more effective for detecting deception. "Officers who use a neutral approach when revealing incriminating information produce higher true confession rates." "Taking a neutral and gradual approach to identifying contradictions also increases cognitive demand for suspects which makes it harder for them to keep lies straight." Use the following best practices to Identify contradictions. (1) Reveal incriminating evidence gradually and not all at once. (2) Ask suspects to explain each contradiction one at a time before moving on to the next. It is important for officers to ask suspect pertinent questions about evidence known before revealing. (3) Show respect and remain neutral when revealing contradictions. (4) Avoid using dominant techniques and accusatory statements (e.g., "'you are a liar")

Identify Contradictions

The following are a part of what? Used closed-end question to obtain - photo ID - full name - date of birth - home address - telephone numbers - email

Identify People

Identifying persons interviewed makes it easier for officers to re-contact later if needed. Agency policy may have specific reporting practices for voluntary encounters and field interviews where no enforcement action is taken. Ask for photo identification and use closed-ended questions to obtain the following information of person interviewed. - Full name - Date of birth - Home address, including apartment number. - Telephone numbers (best number to reach and time, including cell, home and work numbers). - Email

Identify people

Suspect conduct implies an intent or desire to waive rights

Implied Waiver

What are the following Best Practices for? a) Use P.R.I.D.E.S. b) Separate and prioritize. When circumstances allow, interview victims first and suspects last c) Select location that is safe and has limited distractions. Provide privacy when needed. When needed, maintain a safe distance and use contact & cover tactics. d) Use time efficiently. Determine which people are most valuable. Gather contact information for follow-up. Nature and seriousness of offense is relevant to time. e) Report the interview following agency policy

Incident Interview

Intelligent means the suspect in custody must be able to understand the Miranda warnings and how they apply in general. The suspect does not need to understand the specific legal ramifications or strategic consequences of waiving the rights in the particular situation they are facing. Intelligence factors include the suspect's age, education, mental impairment, and emotional stability. (Commonwealth v. Hilton) Other circumstances that impact intelligence also include experience with criminal justice system, physical injury, or impairment from drugs or alcohol. Police should delay questioning suspects who are intoxicated or under the influence of drugs. To demonstrate that a suspect's waiver was intelligent officers can add the following questions to Miranda warnings: "Do you understand these rights?" A "Yes" answer by suspects is generally enough to satisfy the intelligent prong for courts. A "No" or unclear answer (e.g., "I am not sure," etc.) requires police to take all necessary steps to ensure suspect understanding.

Intelligent

Suspects must be able to understand Miranda warnings and how they apply in general. Factors: - age - education - mental impairment - emotional stability Can also be impacted by experience with the criminal justice system, physical injury or drug or alcohol impairment. Police should delay questioning those under the influence of alcohol or drugs. "Do you understand these rights?" "Yes" answer is generally enough to satisfy the intelligent prong for courts. "No" or unclear answers like "I am not sure" requires police to take all necessary steps to ensure the suspect understands their rights before waiving.

Intelligent

When an officer talk about doing this to a suspect they are referring to the formal and systematic questioning of a person in-custody. Under the law, this has a much broader definition that will be discussed further when we talk about Miranda warnings. These are usually planned in advance, occur at the police station or other detention facility and can last for hours. These allow officers more time to gather evidence and develop questions in advance. A custodial one of these is questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of their freedom of action in any significant way. What are these called?

Interrogating

These have different legal standards than interviews. The 5th Amendment to the US Constitution provides individual protections from self-incrimination during custodial these. Because information obtained during one of these can be vital to criminal prosecution, officers must follow legal standards and possess effective interviewing skills. What are these called?

Interrogation

What is the formal and systematic questioning of a person in-custody? These are planned in advance, occur at the police station and can last for hours. These allow officers more time to gather evidence and develop questions in advance.

Interrogations

Relationship between a person's age and memory are complex. Interviewer skills impact the quality of information provided by children. For serious crimes, consult with or request assistance from an experienced child interviewer. Use the following best practices when interviewing children. 1. Use a location where child feels safe. 2. Use age appropriate vocabulary. 3. Take time to establish rapport before questioning. 4. Use open-ended questions to obtain information. 5. Use close-ended questions to clarify information. 6. Do not use leading questions. It is critical for officers to avoid asking children leading questions. Leading questions can be confusing, beyond the cognitive abilities of a child, and may result in false affirmative responses. For serious crimes, consult with the local District Attorney's office.

Interviewing Children

Communicating across language barriers is challenging even under ideal circumstances. Language barriers can cause significant problems in the most mundane circumstances. The need for accurate communication is more critical when conducting interviews or interrogations of persons who possess Limited English Proficiency (LEP).

Interviewing People with Limited English Proficiency

Emotions and responses from crime victims can vary significantly. The type of crime committed, and victim personality are factors. To get an accurate and full account of a crime, officers must balance victim's immediate concerns or fears with officer's need to obtain information.

Interviewing Victims

Witnesses can corroborate known information or provide officers with important new information. Use the following best practices when interviewing witnesses. 1. Separate all witnesses immediately and interview separately. Separation prevents witnesses from consensus building. The goal is to get individual perspectives from each witness with the understanding there can be distinct consistencies and differences. 2. Use P.RI.D.E.S. interview method. 3. Encourage and emphasize need for justice. Some witnesses may be reluctant to testify for reasons already discussed (e.g., fear, unwillingness to get involved, etc.). Emphasizing the victim's need for help and sense of justice can encourage witnesses to participate willingly and fully. Witnesses may initially refuse to be interviewed or provide information, which is their right. Be polite, supportive and encourage reluctant witnesses to come forward. Honoring their initial wishes to not talk may open the door to getting information at another time. In some cases, the best option may be to obtain witness contact information and try interviewing them at another time 4. Avoid sharing information provided by victims, suspects or other witnesses. Doing so may contaminate witness memory and reduce information reliability. 5. Ask witness to forward any new information remembered immediately. Provide witnesses with a phone number or other method to contact officer. 6. Thanking witnesses for their assistance can go a long way to building effective community relationships.

Interviewing Witnesses

What are the following? - Rapport - Respect - Neutrality - Questioning - Active Listening - Professionalism

Interviews and Interrogations Best Practices

What often occur when police are dispatched to a report of a crime or witness suspicious conduct.? To conduct a one of these, meaning the officer is requiring a person to stop so that the officer can investigate further, an officer must have reasonable suspicion based on specific and articulable facts that a crime has been, is being or is about to be committed.

Investigative Stop/Terry Stop/Threshold inquiry

During voluntary encounters such as field interviews, police cannot compel cooperation or seize a person without legal justification. Officers should understand that a field interview or consensual encounter can become an investigative stop. This happens when an officer, through words or conduct, objectively communicated that the officer will use their police power to coerce the person to stay. When the encounter between the individual and the officer has turned into a stop, then the conversation is no longer a field interview. It is now a threshold inquiry. Threshold inquires often occur when police are dispatched to a report of a crime or witness suspicious conduct. To conduct a threshold inquiry, meaning the officer is requiring a person to stop so that the officer can investigate further, an officer must have reasonable suspicion based on specific and articulable facts that a crime has been, is being or is about to be committed.

Investigative Stop/Terry stops/Threshold inquires

Do interviews need to be recorded?

It is optional

Suspects in custody can invoke their right to silence or counsel at any time, even after an express or implied waiver. (1) Right to silence Suspects may invoke their right to silence at any time during the interrogation. If a suspect invokes his right to silence, officers must "scrupulously honor" that right and stop the interrogation immediately. (Commonwealth v. Clarke) The invocation does not have to be explicit or in writing. Actions of a suspect, such as shaking of the head in response to a question, can be an unambiguous invocation of their right to remain silent. Officers should ask clarifying questions if the suspect's intent to invoke or waive his right to silence is unclear. (Commonwealth v. Clarke) Clear Examples: "I do not want to talk to you." "I don't have anything to say now." "I will not talk to the police." Unclear Examples: "Why do I have to talk to you?" "Do I have to say anything?" "I'm not sure I can talk to you." (a) Re-approach by police If a suspect in custody invokes his right to silence, police must "scrupulously honor" the suspect's invocation, Officers may approach the subject to initiate questioning later, but the court will look at three (3) factors: did the officers immediately cease asking questions when the initial invocation was made; was the questioning resumed only after a significant amount of time has passed; were the questions limited in scope to a crime that was not the subject of the earlier interrogation. (Commonwealth v. Howard). A "significant period of time" depends on the totality of the circumstances, but officers must demonstrate they "scrupulously honored" the suspect's invocation of silence before re-approaching. (Michigan v. Mosley). In Mosley, the defendant invoked his right to remain silent when he was being questioned. The police ceased questioning him immediately. More than two (2) hours later another officer spoke to the defendant. This officer gave the defendant his Miranda rights again, and, after a valid waiver, questioned him about an unrelated crime. The statement to the second officer was admissible. "Scrupulously honoring" a suspect's invocation of his right to silence includes the following: i) Officers stopped interrogating immediately after suspect invoked right to silence ii)Officers did not pressure or coax suspect into changing his mind iii) Officers waited a significant period of time before re-approaching iv) Officers did not pressure suspect into talking upon re-approaching v) Officers did not interrogate again until suspect was re-advised of and waived his Miranda rights (b) Re-approach by suspect If the suspect re-approaches officers after invoking his right to silence, and wants to talk, officers must still meet the following legal standards: i) Contact must be initiated entirely by suspect ii) Suspect's decision to make contact and re-approach must have been made freely iii) Suspect must indicate intent to talk about material facts of involved case iv) Suspect must be re-advised of and waive Miranda rights if still in custody

Invocation of rights

What are the following clear examples of? "I want an attorney." "I think I need a lawyer." "I will not talk without my lawyer."

Invoking Right to Counsel

What are the following unclear examples of? "Do I need an attorney?" "What can a lawyer do for me?" "Can you recommend an attorney?'

Invoking Right to Counsel

What are the following clear examples of? "I do not want to talk to you." "I don't have anything to say now." "I will not talk to the police."

Invoking their Right to Silence

What are the following unclear examples of? "Why do I have to talk to you?" "Do I have to say anything?" "I'm not sure I can talk to you."

Invoking their Right to Silence

"Professional Service through Integrity, Equality, and Excellence."

MPTC motto

The 2 prongs to what are (1) custody and (2) interrogation? Both must be present before an individual has a right to Miranda warnings.

Miranda Analysis

Was the statement obtained during a custodial interrogation? If yes, was the suspect advised of his rights and were the rights waived knowingly, intelligently, and voluntarily?

Miranda Analysis

Was the statement obtained during a custodial interrogation? If yes, was the suspect advised of his rights were the rights waived knowingly, intelligently, or voluntarily? The 2 prongs to this type of admissibility analysis are (1) custody and (2) interrogation. Both must be present before an individual has a right to Miranda warnings. Miranda warnings are only required when a person is being interrogated while in custody. It is critical for police officers to determine the precise moment a suspect is in custody. Field interviews and Terry stops are generally not custodial, so Miranda rights are not required. Custody for 5th Amendment purposes differs from a 4th Amendment "seizure." For starters, not all seizures are custodial (e.g., investigative stops, traffic stops, etc.). "By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in some significant way." (Miranda v. Arizona) A suspect is likely to be in custody under certain circumstances including the following; - Police tell a person he "cannot leave." - Police tell a person they are "under arrest." - Police handcuff and transport person to another location - Police tell a person to sit down, then stand or hover over person A person is in custody if a reasonable person facing the same facts and circumstances would believe that he is in custody and not free to leave. (Commonwealth v. Buckley) A person will be considered to be in custody if, "from the point of view of the person being questioned, the interrogation took place in a coercive environment..." (Commonwealth v. Bryant) The court in Bryant provided several factors to consider when trying to determine whether a person was in custody at the time a statement was made, the courts consider several factors, including the following: - Where did questioning take place (i.e., police station, public place, home, etc.)? - Did police communicate or convey to the person being questioned that they are a suspect? - What type of questions were being asked? - Did officers use a dominant or aggressive technique or an informal interview methodology? - Was the person free to leave the interview location or to ask police to leave? Did the interview end with the suspect under arrest?

Miranda Analysis

Even when a suspect's statement is obtained lawfully, it will be suppressed if a court determines that it was not given voluntarily pursuant to the 14th Amendment's Due Process Clause. The admissibility of a defendant's statement must be analyzed in what two ways?

Miranda Analysis & Due Process Analysis

What are the two ways the admissibility of defendant's statements must be analayzed?

Miranda Analysis; AND Due Process Analysis

Routine Booking Questions Officers do not need a Miranda waiver to ask routine questions not reasonably likely to elicit an incriminating response. Routine booking questions are restricted to the general arrest process (e.g., name, height; weight; age; address; etc.). (Pennsylvania v. Muniz) Public Safety Exception There is a narrow exception to the Miranda requirement when public safety is at issue. Police may question suspects in custody without obtaining a Miranda waiver if they have a reasonable belief the suspect has information that would help protect life. To meet the "public safety exception," police questions must be limited to those reasonably necessary to obtain information about protecting life. (NY v. Quarles)

Miranda Exceptions

Police cannot interrogate any suspect in custody unless the suspect waives his Miranda rights. The Commonwealth has the burden of proving a valid waiver of Miranda rights by a standard of proof beyond a reasonable doubt. (Commonwealth v. Day) For a Miranda waiver to be valid, it must be knowing intelligent and voluntary. (Commonwealth v. Delacruz)

Miranda Waiver

To ensure admissibility of any incriminating statement made by suspects, Miranda warnings must be administered in all cases where there is custody AND interrogations. (Miranda v. Arizona) - You have the right to remain silent. - Anything you say can and will be used against you in a court of law. - You have the right to an attorney. - If you cannot afford an attorney, one will be appointed for you. Note: Although not required, officers should add, "If you do decide to answer questions, you still have the right to stop answering at any time." After reading the Miranda rights, officers should ask, "understanding these rights, do you choose to speak to me/us?" If any of the required Miranda warnings are not provided, the waiver will not be valid. When a defendant tries to suppress his/her statement, the Commonwealth has the burden of proving the Miranda waiver beyond a reasonable doubt.

Miranda Warnings

What must be administer in all cases where there is custody AND interrogation? It goes as the following "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you." Police cannot interrogate any suspect in custody unless the suspect waives these.

Miranda Warnings

What is being fair, impartial and not helping either side in a conflict or disagreement? Being this is Who We Are. Victims, witnesses, and suspects are more likely to be honest and share information when they believe officers are this.

Neutral/Neutrality

What is being fair, impartial and not helping either side in a conflict or disagreement? Victims, witnesses and suspects are more likely to be honest and share information when they believe officers are this.

Neutrality

Are interviews accusatory?

No

Do people need to be in-custody for an interview?

No

It is what if the following under the following circumstances? a) Do not surround person with multiple officers. b) Avoid displaying weapons during questioning. c) Consider allowing the suspect to have a family member or friend present for the interview. d) Conduct interview in a neutral location or one familiar to suspect. e) Tell person they are "not under arrest", "free to stop the interview at any time"; and "free to leave at any time."

Non-Custodial

Truthful confessions require suspects to answer questions honestly. Officers who provide interrogation environments where honesty is discussed, expected and practiced have the best chance of obtaining accurate and true information. Use the following best practices to Normalize honesty. (1) Explain allegations, seriousness of offense and potential consequences. (2) Emphasize importance of honesty and truthfulness after Miranda warnings and before questioning begins. (3) Make an "honesty pledge" with suspect to reiterate the importance of truthfulness. Some suspects will not keep their pledge to be honest. However, introducing the value of truthfulness at the beginning of an interrogation helps encourage suspects to be honest. "I'm going to be honest with you, and I need you to be honest with me. We need to trust each other to get through this. Do you promise to be honest with me?" Note: Officers may make a similar pledge to be honest. While it is legally permissible to deceive a suspect during an interrogation, deception should only be employed with great purpose. Presenting false evidence is a dominant technique that can damage rapport, especially if the suspect knows officers are lying. The court has stated, without hesitation, that the use of deception as a tactical device is disapproved, and such tactics cast doubt on whether a defendant's statement is voluntary. See Commonwealth v. Jackson, 377 Mass. 319, 328 n. 8 (1979). Nevertheless, numerous cases have concluded that misinformation by police does not necessarily render a confession involuntary, but is a factor to be considered. (Commonwealth v. Raymond) Officer may suggest broadly that it would"be better for the suspect to tell the truth where he gave no hint or assurance that, by cooperating, the defendant could anticipate or would receive any favorable treatment from the Commonwealth. (Commonwealth v. Mandile).

Normalize Honesty

What are the two types of questions?

Open and closed ended

What helps officers do the following? - Facilitate general conversation - Identify shared interests - Understand their style, memory and personality - Gather initial facts ("Please tell me what happened.") - Identify what interviewee considers important or priority - Generate more in-depth and detailed information - Gather unsolicited information - Identify contradictions - Watch body language and behavior for future comparison

Open-Ended Questions

What are questions that can produce more accurate information because they allow interviewees to take control of the conversation and communicate freely called? These also help with build rapport.

Open-ended

What does the P.R.I.D.E.S. acronym stand for?

Plan Rapport Identify Develop Evaluate Summarize

P.R.I.N.C.I.P.L.E.S. is the acronym used to describe the best practices for custodial interrogations. What does it stand for?

Plan the interrogation Rapport building MIranda rights Normalize honesty Clarify information Identify contradictions Plush through denials Listen and Look Evidence gathering Summarize

"Well-defined interview goals increase the probability of success because the interview will proceed with direction and purpose." To identify interview goals, officers must plan their approach beforehand. The following tasks are part of the Plan phase: a) Identify purpose of interview. Is the purpose to obtain information from a victim, suspect or witness, or any other person with information? Is the purpose to help a specific person, neighborhood watch or advocacy group solve a problem,? Purpose of interview can help identify potential avenues for building and maintaining rapport with interviewee. b) Gather pertinent background information on the person to be interviewed. Sources of such information could include in-house department records, social media, criminal history etc. c) Identify information that needs to be obtained during the interview and prepare a list of subjects to be addressed. d) Develop questions that seek to obtain needed information in advance and bring them to interview. Develop list of questions and be prepared to deviate from the script when needed. Some interviewee answers may require follow up questions that were not identified or anticipated. Deviations are inevitable and may even serve to be productive in attaining more information. e) When time permits, develop a written action plan (e.g., questions, etc.) and use during interview to stay on track. f) Be prepared to take detailed notes during interview. Note-taking should be a function of the second officer when available. g) Determine need and value of recording interview taking into account case law and department policy.

Plan the interview

The following are a part of what? a) What is purpose of interview? b) Gather pertinent background information on person to be interviewed c) What information needs obtained? d) Develop questions in advance (in writing). e) Develop a written action plan or strategy. f) Take detailed notes. g) Determine need to record.

Plan the interview

What is the acronym to describe best practices for interviews stemming from specific incidents and for scheduled interviews? Although some of the concepts apply to field interviews, the method is designed to be utilized during a formal scheduled interview.

Plan the interview Rapport building Identify people Develop information Evaluate information Summarize

Well-defined interrogation goals increase the probability of success because the interrogation will proceed with direction and purpose. To identify interrogation goals, officers must plan their approach beforehand. Use the following best practices when Planning the interrogation. (1) Define goals of interrogation. - learn more facts - obtain a truthful confession - recover evidence or property - corroborate investigative theories - eliminate or identify potential suspects (2) Determine need to have another officer present in the room or watching remotely to assist. If more than one officer is used, establish individual roles in advance. For example, one officer will ask questions while the other takes notes. (3) Identify specific information that must be obtained to meet goals of interrogation. For example, if purpose of interrogation is to file charges, officers must identify Massachusetts General Law (M.G.L.) elements for the alleged crime. (4) Learn as much as possible about the suspect. Review all case materials, evidence and suspect's criminal history and background. Identify avenues for building and maintaining rapport with suspect. (5) Develop written list of interview questions to obtain needed information. (6) Arrange the interview room. Strategic use of furniture and other room items can enhance interrogation environment. Brief and strategic changes in sitting arrangements can help alleviate anxiety of face-to-face communication. - Remove all barriers between suspect and officers. This allows officers to evaluate suspect body language more effectively. - Using a stationary chair for suspects can help officers evaluate body language more effectively. Officers and suspects should use the same type of chair. For example, suspects should not be forced to sit in a hard metal chair while the officer uses a more comfortable chair. Consider where to place the suspect's chair. Placing it near the exit can create a psychological escape avenue. Placing it near the center of the room can increase psychological vulnerability. (7) Test all audio and video recording devices to confirm proper operation. Use agency owned equipment to record an interrogation. Never use a personal mobile phone or other device to record an interrogation. Custodial interrogations conducted in a place of detention should be electronically recorded whenever practical. The absence of a recording allows a jury to conclude that the Commonwealth has failed to prove voluntariness beyond a reasonable doubt. (Commonwealth v. DiGiambattista) The effort must be made to at least audio record the interrogation. Start the recording so it captures the date, time, names of all people in the room, and reading of Miranda warnings. It is the best practice to record ALL custodial interrogations. (8) Obtain all required forms (e.g., Miranda waiver, Safe Harbor, etc.) (9) Secure all weapons. Remove any dangerous items from room. (10) Prepare note-taking strategy. For example, if two officers are used for an interrogation, designate one to ask questions and the other to take notes. Review Report Writing lesson for information on note taking strategies. (11) Search suspect before entering interview room.

Planning the interrogation.

What is the skill, good judgment and polite behavior expected from a person who is trained to do a job well? It is also the conduct, aims or qualities that characterize a profession or a professional person. Being this is Who We Are.

Professionalism

What is the skill, good judgment and polite behavior expected from a person who is trained to do a job well? It is also the conduct, behaviors, or qualities that characterize a profession or a professional person.

Professionalism

What are the following? a) Learn the truth b) Learn more facts c) Obtain a truthful confession d) Recover evidence or property e) Corroborate investigative theories f) Eliminate or identify other suspects

Purposes for Interrogations

Gradually revealing evidence to identify contradictions is more effective. However, some suspects will continue to deny, even in the face of overwhelming evidence. Use the following best practices to Push through suspect denials and obtain a true confession. (1) Return to the evidence. Focus on strength of evidence to motivate suspect to see gain in confessing. (2) Respectfully remind suspect of honesty pledge, then return to suspect's contradictions, one at a time. (3) Appeal to suspect's conscience to inspire guilt as a motivator to confess. (4) Offer suspect a moral justification or excuse for committing the crime. "We believe that you didn't mean to hurt anyone." Note: Minimization of a crime of which a defendant is accused, combined with other factors, can render a confession involuntary. (Commonwealth v. Monroe) (5) Use praise. "Thank you for being honest with me so far." (6) Do not use dominant interview techniques and demeaning statements. For example, do not say, "You are stupid for not being honest."

Push Through Denials

- Give interviewee time to answer each question fully at their own pace. - Do not rush people to finish an answer or ask questions in a rapid-fire succession. - "We can come back to that later."

Question Spacing

To gather complete and accurate information, officers must ask questions. Questioning helps officers demonstrate active listening, empathy, understanding and neutrality. Questioning also provides officers with an opportunity to watch interviewee's body language and evaluate veracity of information provided.

Questioning

What helps officers demonstrate active listening, empathy, understanding and neutrality? This provides officers with an opportunity to watch interviewee body language and evaluate veracity of information provided.

Questioning

What is a harmonious relationship in which the people or groups concerned understand each other's feelings or ideas and communicate well? It is marked by ready communication and mutual understanding or a relationship built on mutual trust or emotional affinity. Evidence, experience and research shows that victims, witnesses and suspects provide more information to officers who build this during interviews and interrogations.

Rapport

What is a harmonious relationship in which the people or groups concerned understand each other's feelings or ideas and communicate well? It is marked by ready communication and mutual understanding or a relationship built on mutual trust or emotional affinity. Victims, witnesses, and suspects provide more information to officers who build this during interviews and interrogations.

Rapport

Effective rapport building begins at the time of initial contact and continues throughout the interview. 1. Start with personalized greeting. 2. Use a friendly and non-accusatory conversation style. 3. Before asking formal questions about the event, allow interviewee time to become accustomed to officer and surroundings. 4. Explain interview and interrogation processes up front and follow through. 5. Show empathy by sincerely communicating an understanding for interviewee needs. 6. When appropriate, identify and empathize shared interests, likes or dislikes. 7. Be self-aware and flex communication style by adapting to personality of interviewee. Choose words and delivery methods that resonate with communication needs of interviewee. 8. Adjust or remove physical barriers between officer and interviewee and minimize external distractions. 9. Manage proxemics and be strategic. Avoid touching interviewees, especially victims of domestic violence and sexual assault. 10. Change officers when needed. Make every effort to accommodate specific request for officers of a specific gender, race, or age.

Rapport Building

Suspects participate more fully and provide more information when officers build and maintain rapport. Never make any promises that are not authorized by prosecutors or cannot be honored. Not only can such promises put the District Attorney's Office in a difficult position, but they could also impact whether or not a waiver was truly voluntary. NOTE: All promises, rewards and inducements, no matter how great or small, made to ANY witness must be turned over to the District Attorney's office.

Rapport Building

The following are a part of what? - Interviewees participate more fully and provide more information when officers build and maintain rapport. - Effective rapport building begins immediately and continues throughout the interview. - When needed, use officer safety tactics (e.g., contact & cover).

Rapport Building

Victims, witnesses and suspects participate more fully and provide more information when officers build and maintain rapport. Effective rapport building begins immediately and continue throughout the interview. When needed, use officer safety tactics (e.g., distance, contact & cover, etc.)

Rapport building

Effective rapport building begins at the time of initial contact (e.g. call to schedule an appointment, at time of arrest, at the booking desk, introduction by third party or other officer/detective) and continues throughout the interview. Use the following best practices to build rapport during interviews and interrogations. 1. Start interview or interrogation with personalized greeting. Consider the following examples: "Hello. My name is Officer Matt Kilmartin. Thank you very much for taking time to meet with me today. How are you doing today?" "Hello. My name is Officer Matt Kilmartin. I realize this is a difficult situation, but I need your help" 2. Use a friendly and non-accusatory conversion style. 3. Before asking formal questions about the event, allow interviewee time to become accustomed to officer and surroundings. 4. Explain interview or interrogation processes up front and follow through. Letting people know what to expect can help alleviate interviewee stress. Consider the following examples: "The reason we are here is because I need your help with [topic]." "I only have a few questions. It will take than [X] minutes." "I will ask one question at a time for you to answer. I may take notes and not always make eye contact, but I am listening. I'll save and ask my follow-up questions toward the end of the interview. Do you have any questions for me before me start?" 5. Show empathy by sincerely communicating an understanding for the interviewee's physical and emotional needs. Consider the following examples: "Can I get you anything to drink?" "Would you like to use the restroom before we get started?" "This is a very tough situation. How can I help?" "If you need to take a break at any time, just let me know." 6. When appropriate, identify and emphasize shared interests, likes or dislikes. 7. Be self-aware and flex communication style by adapting to personality of interviewee. Choose words and delivery methods that resonate with communication needs of interviewee. 8. Adjust or remove physical barriers between officer and interviewee (e.g., furniture, patrol car, etc.). Minimize external distractions. 9. Manage proxemics. Begin interviews and interrogations using social (>4') or personal (2'-4') distances. Moving into intimate spaces (<2') can increase stress and should only be done with strategic purpose. Avoid touching interviewees, especially victims of domestic violence and sexual assault. "During sit-down interviews, officer and interviewee chairs should be offset and not positioned for face-to-face communication. Moving into a face-to-face position increases stress and should be done when appropriate with purpose." 10. Change officers when needed. An interviewee may be more comfortable or willing to speak with an officer who is the same gender, age group or race. Make every effort to accommodate the request when practical and reasonable. Interviewee may not state directly that they would be more comfortable speaking with another officer, but the officer conducting the interview should be looking for signs that the interviewee is not comfortable and if possible, perhaps delay the interview until such time as another officer is available. The officer should consider asking the individual if they are uncomfortable, and adjust accordingly. This aids in rapport building. If communication with interviewee is strained, awkward or distrustful, stop the interview and try again later or find another officer to conduct interview. If at all possible, assure that two officers are present for interviews. For both safety reasons and for the ease of transition if there is an issue communicating. A poor first impression can be an impediment to all officers who try to speak with that person going forward.

Rapport building best practices

a) Learn the truth b) Learn more facts c) Obtain a truthful confession d) Recover evidence or property e) Corroborate investigative theories f) Eliminate or identify other suspects

Reasons Police use Interrogations

What are the following? - Effective communication during interviews helps officers build relationships with citizens, generate investigative leads and solve crimes. - When conducted in a legal and skillful manner, interviews and interrogations can be used to gather reliable and truthful information from victims, witnesses and suspects. - Interviews and interrogations must also follow specific legal standards to protect an individual's rights under the law and to be deemed proper, lawful, and appropriate when challenged in court.

Reasons for Interviews & Interrogations

- Suspects who perceived their interviewing officer to be professional were more likely to confess. - Suspects who would have provided pertinent information during interrogations did not because the interviewing officer was unprofessional and negative toward them.

Research on Professionalism

Officers who demonstrate professionalism during interviews are more effective at building rapport, demonstrating respect and gathering information from victims, witnesses and suspects. - In a survey, convicted child molesters said they were planning to provide pertinent information during interrogations, but did not because the interviewing officer was unprofessional and negative toward them. - Suspects who perceived their interviewing officer to be professional we more likely to confess.

Research on Professionalism

- Information provided by witnesses is more accurate when good interview rapport has been established. - An interview style based on rapport building helps victims and witnesses remember and provide more information than an accusatory interview style. - An effective interview rapport helps suspects overcome stress and anxiety when speaking with police officers. This helps conversation flow more freely and improves the cooperation of anyone with whom an officer communicates.

Research on Rapport

- Information provided by witnesses is more accurate when good interview rapport has been established. - An interview style based on rapport building helps victims and witnesses remember and provide more information than an accusatory interview style. - An effective interview rapport helps suspects overcome stress and anxiety when speaking with police officers. This helps conversations flow more freely and improves the cooperation of anyone with whom an officer communicates.

Research on Rapport Building

- Respectful treatment by officers encourages guilty suspects to provide fuller accounts of their actions. - Suspects are more likely to provide information or confess to a crime if they feel the interviewing officer treated them with respect. - Inmates convicted of murder and other serious sexual offenses were more likely to confess if they felt respected - Child molestation suspects did not confess when officers used demeaning and coercive treatment.

Research on Respect

Victims, witnesses and suspects who feel respected are more likely to be honest and share information. Officers who treat others with respect are also more effective at building rapport. Demonstrating respect to other is Who We Are. - Most people, including suspects, want the police to treat them with respect. "Respectful treatment by officers encourages guilty suspects to provide fuller accounts of their actions." - Suspects were more likely to provide information or confess to a crime if they felt the interviewing officer was treating them with respect. - Inmates convicted of murder and other serious sexual offense were more likely to confess if they felt respected. - Respect shown by officers was the primary reason child molestation suspects confessed during interviews. Suspects did not confess when officers used demeaning and coercive treatment.

Research on Respect

What do officers demonstrate when they communicate with people using the following? (1) Empathy (2) Courtesy (3) Decorum (4) Clarity

Respect

What is an act of showing consideration for another person's needs or feelings? Community members must have confidence that police have this for everyone they encounter. Demonstrating this to others is Who We Are and can involve: - Empathy - Courtesy - Decorum - Clarity

Respect

What is an act of showing consideration for another person's needs or feelings? Community members must have confidence that police have this for everyone they encounter.

Respect

If a suspect invokes right to counsel, officers must stop interrogation immediately. A custodial suspect who invokes the right to counsel at any time during an interrogation may not be questioned further until a lawyer is made available or unless the suspect himself initiates further communication with police. (Edwards v. Arizona) Suspects must clearly invoke their right to counsel. (Davis v. United States) - M.G.L. 276 §33A requires suspects be informed of their right to use and be allowed to use a telephone to call family, arrange for bail, or contact an attorney within 1 hour of arrival at police or detention facility. - If officers know that an attorney representing a suspect in custody is trying to reach his client and provide legal advice, officers must immediately inform the suspect of his attorney's efforts to provide help and any particular message the attorney wants conveyed to suspect. If officers do not notify the suspect, any statement made by a suspect following the attorney's request will be suppressed. (Commonwealth v. McNulty) If a suspect invokes his right to counsel, officers cannot reinitiate questioning while the suspect is in custody. Officers may conduct a custodial interrogation with suspects who invoke a right to counsel, IF: - the suspect's lawyer is physically present; OR - the suspect initiates communication; OR - there has been a 14-day break in custody These exceptions are not frequently encountered, and officers are encouraged to confer with their District Attorney's Office before re-starting any interrogation after invocation of rights.

Right to Counsel

Suspects may invoke this at any time during the interrogation. If a suspect invokes this, officers must stop the interrogation immediately. The invocation does not have to be explicit or in writing. Actions of a suspect, such as shaking of the head in response to a question, can be an unambiguous invocation of this. Officers should ask clarifying questions if the suspect's intent to invoke or waive what is unclear? (Commonwealth v. Clarke)

Right to Silence

If a suspect in custody invokes his right to silence, police must "scrupulously honor" the suspect's invocation, Officers may approach the subject to initiate questioning later, but the court will look at three factors: 1. Did the officers immediately cease asking questions when the initial invocation was made 2. Was the questioning resumed only after a significant amount of time has passed 3. Were the questions limited in scope to a crime that was not the subject of the earlier interrogation. (Commonwealth v. Howard) A "significant period of time" depends on the totality of the circumstances, but officers must demonstrate they "scrupulously honored" the suspect's invocation of silence before re-approaching. (Michigan v. Mosley) "Scrupulously honoring" a suspect's invocation of his right to silence includes the following: i) Officers stopped interrogating immediately after suspect invoked right to silence ii) Officers did not pressure or coax suspect into changing his mind iii) Officers waited a significant period of time before re-approaching iv) Officers did not pressure suspect into talking upon re-approaching v) Officers did not interrogate again until suspect was re-advised of and waived his Miranda rights

Right to Silence Officer Re-approach

If the suspect re-approaches officers after invoking his right to silence, and wants to talk, officers must still meet the following legal standards: i. contact must be initiated entirely by suspect ii. suspect's decision to make contact and re-approach must have been made freely iii. suspect must indicate intent to talk about material facts of involved case iv. suspect must be re-advised of and waive Miranda rights if still in custody

Right to Silence Suspect Re-approach

Suspects may invoke their right to counsel at any time during the interrogation. If a suspect invokes his right to counsel, officers must stop the interrogation immediately. This is known as the "Edwards Rule." A custodial suspect who invokes the right to counsel at any time during an interrogation may not be questioned further until a lawyer is made available or unless the suspect himself initiates further communication with police. (Edwards v. Arizona). Suspects must clearly invoke their right to counsel. (Davis v. United States) Clear Examples: "I want an attorney." "I think I need a lawyer." "I will not talk without my lawyer." Unclear Examples: "Do I need an attorney?" "What can a lawyer do for me?" "Can you recommend an attorney?" To minimize the chance of statement suppression, officers must seek clarification about any unclear intent by suspect to invoke or waive his right to counsel. For example, officers can ask, "Are you invoking your right to counsel?" Under M.G.L. 276 §33A, people taken into custody must be informed of their right to use, and be allowed to use a telephone to call family, arrange for bail, or contact an attorney within 1 hour of arrival at police or detention facility. If officers know that an attorney representing a suspect in custody is trying to reach his client and provide legal advice, officers must immediately inform the suspect of his attorney's efforts to provide help and any particular message the attorney wants conveyed to suspect. If officers do not notify the suspect, any statement made by a suspect following the attorney's request will be suppressed. (Commonwealth v. McNulty) If a suspect invokes his right to counsel, officers cannot reinitiate questioning while the suspect is in custody. However, officers may conduct a custodial interrogation with suspects who invoke a right to counsel, IF: - The suspect's lawyer is physically present; OR - The suspect initiates communication; OR - There has been a 14-day break in custody

Right to counsel

The following are part of reporting what? 1. Written statements 2. Reason for interview 3. How person arrived 4 Date and time 5. Location a) room size b) open or closed access room c) door open, closed, locked, unlocked d) names of all people present 6. Interviewee details a) name and contact information b) physical & emotional state; c) Rx; drug/alcohol influence d) cognitive limitations 7. Questions asked by police 8. Interviewee statements and answers 9. Length of interview

Scheduled Interview

The following are the purpose of what? a) ask follow-up questions b) verify accuracy of information c) build positive relationships with citizens d) determine a person's involvement or knowledge of a crime e) obtain better understanding of a problem and develop solutions (e.g., vandalism, domestic violence victim, etc.)

Scheduled Interview

What are the following Best Practices for? a) Use P.R.I.D.E.S. b) Separate and prioritize interviewees. c) Select location according to interviewee needs and circumstances. Interview suspects at police department. d) Prepare. Gather information and develop questions in advance. e) Report interview.

Scheduled Interview

What is a planned and formal interaction where police officers ask witnesses, victims, potential suspects or citizens more in-depth questions? If a suspect voluntarily comes to one of these and is informed he is free to leave at any time, this would generally be considered to be non-custodial; however, if the suspect is actually in "custody", then Miranda rights are required. The date, time and location for these is made in advance. These have more time to plan than field interviews.

Scheduled Interview

What the following best practice for? a) Use P.R.I.D.E.S. b) Separate and prioritize To ensure information provided is unique, conduct separate scheduled interviews. When circumstances allow, officers can prioritize order of people to interview. (1) Victim (2) Witness (3) Suspect c) Location Scheduled interviews may occur at the police department, the interviewee's home or other neutral location (e.g., public library). Effective locations are free from distractions and provide a safe environment to build and maintain rapport. In general, scheduled interviews with victims and witnesses can occur inside his or her home. Home interviews also provide more opportunities (e.g., photographs, etc.) for officers to build rapport. Note: Suspect interviews should occur at the police department or neutral location. d) Prepare Scheduled interviews can provide officers with time to research agency reports, criminal records and other sources beforehand. Information sources can be used to identify potential avenues for rapport and develop interview questions. Gather as much intelligence in advance from other sources (e.g., CORI, NCIC, social media, other law enforcement, etc.) Be organized and have needed documents and forms ready (e.g., Miranda waivers, recording, etc.). Test and confirm audio or video recorders are working properly. Bring extra pens, notebooks, paper and batteries. e) Report writing for the scheduled interview Type of information needed to write a report for a scheduled interview will be determined by circumstance. For example, scheduled interviews used to question suspects require officers to document in detail how the interview was non-custodial. Refer to agency policy for reporting scheduled interviews.

Scheduled Interviews

What is a planned and formal interaction where police officers ask witnesses, victims, potential suspects or citizens more in-depth questions? Officers must be careful when conducting a scheduled interview with a suspect. If a suspect voluntarily comes to an interview and is informed he is free to leave at any time, this would generally be considered to be non-custodial; however, if the suspect is actually in "custody", then Miranda rights are required. In general these last no more than 30 minutes and officers questions are not accusatory.

Scheduled interview

A statement made after a valid Miranda waiver can also be suppressed if police fail to bring a recent arrestee to court for arraignment without unreasonable delay. In Massachusetts, a statement made within six (6) hours of arrest will not be suppressed because of an unreasonable delay of arraignment. If the arrestee's statement is obtained outside of this six-hour ("safe harbor") rule, it will be suppressed as involuntary unless arrestee waives their right to a prompt arraignment. (Commonwealth v. Rosario)

Six-Hour Rule

People may confess to escape situations and circumstances that cause stress.

Stress

Concluding an interrogation in a positive and professional manner maintains rapport and makes it easier to re-approach suspects later if needed. Summarizing also allows officers to take ownership of the case, demonstrate follow through and give suspects time to think about what has been discussed. Use the following best practices to Summarize and conclude an interrogation. (1) Summarize the suspect's full statement. This can also help counter later claims that a confession was taken out of context. (2) Summarize next steps and expectations for suspect. This demonstrates respect and helps maintain rapport. - "We are finished for today, but I may need to talk with you again later." - "Our next step is to file criminal charges. I promise to personally serve the warrant." (3) Give suspect last word and ask if he has any final questions or statements. (4) End interrogation with a sincere "thank you" and positive note. Interrogations and confessions can be highly stressful and emotional events. - "I know this is tough right now, but you did the right thing. Thank you for being honest and taking responsibility. - "You showed a lot of courage today. Everyone makes mistakes and you have started the process of overcoming this one." (5) Report the interrogation. At a minimum, document the following interrogation details in official reports. (a) Officer questions and statements to include Miranda warnings. (b) Suspect answers and statements to include Miranda waiver (i.e., "Yes"). Attach a copy of the signed, written waiver form. Include a description of suspect's demeanor and appearance - whether they were sober, agitated, alert, etc. Transcribe interrogation audio and video recordings for official reports. Reviewing interrogation transcripts can help officers identify relevant suspect statements and body language that may have been missed. (c) Critical times - Interrogation start and end time - Time Miranda warnings were issued - Time formal questioning began - Time(s) contradictions or false statements were made - Time suspect invoked right to silence or counsel - All break time(s) - Time(s) people left and re-entered room (d) Interview room size, contents, location of video camera, one-way glass, etc. (e) Names of all people present or watching and their location.

Summarize

Concluding interviews in a positive and professional manner maintains rapport and make it easier to re-contact interviewee if needed. The following tasks are part of the Summarize phase. a) Summarize purpose of interview and next steps, if any. "We spent 45 minutes today discussing the assault on August 12th. That's all for today." "We are finished, but I may need to talk with you again later this week. Should I call your mobile or work phone?" "Our next step is to contact other resources to help us fix the problem." b) Leave interviewee with open invitation to re-contact. "If you remember something that we did not cover today, please call me immediately." "If you forgot to tell me something in response to my questions, please contact me." "To check on the status of your case, please contact me by email or phone." c) Give interviewee the "last word" by asking them if they have any final questions d) End interview with a sincere "thank you" "Thank you very much for stopping and answering my questions." "Thank you for taking time out of your day to talk with me. We definitely needed your help." "I really appreciate you coming in and taking time to talk with me." e) Complete and submit official report detailing interview.

Summarize

The following are a part of what? a) Summarize purpose of interview and next steps. b) Leave with open invitation to re-contact. c) Give interviewee last word. d) End with sincere "thank you." e) Submit official report detailing interview.

Summarize

A suspect can change their mind after invoking their right to counsel. If the suspect reinitiates contact with the police, officers may resume questioning but only after the suspect waives their right to counsel again before any questions are asked. (Commonwealth v. Miller)

Suspect initiates communication

Officers cannot continue a custodial interrogation after an invocation of the right to counsel until the suspect's lawyer has been made available to the suspect unless the suspect himself initiates further communication with the police. (Edwards v. Arizona); (Arizona v. Roberson); (Commonwealth v. Thomas).

Suspect lawyer present

What legal standards protect against self-incrimination during interrogations? The right against self-incrimination applies whenever police subject an individual to custodial interrogation.

The 5th Amendment and Article 12 of the Massachusetts Declaration of Rights

What is the purpose of an interrogation?

To obtain a confession

What is the purpose of an interview?

To obtain information

When an interpreter is used, use the following communication strategies: a) Instruct interpreters to translate statements verbatim and avoid any communication unrelated to the event at hand. b) Talk in 2-3 sentence increments to allow interpreter time to translate. c) Sit or stand in front of the LEP person and talk directly to them, not the interpreter. Correct: "What time did you get home last night?" (to LEP person) Incorrect: Ask him what time he got home last night. (to interpreter) d) Do not use the suspect's children or other family members to translate. All custodial interrogations of non-English speaking persons that use an interpreter must be recorded. (Commonwealth v. AdonSoto)

Using Interpreters

Before asking questions needed to investigate a crime, officers should identify and manage victim emotions. The following are common victim responses to crime. - Fear - Panic - Anger - Silence - Frustration - Indecisiveness Victims may initially refuse to be interviewed or provide information. Be polite, supportive and encourage reluctant victims, but, honoring their initial wishes may open the door to getting information at another time. In some cases, the best option may be to obtain victim contact information and try making arrangements for a scheduled interview at another time.

Victim responses to crime

- A "totality of the circumstances" test is also used to determine voluntariness of a defendant's statements. A voluntary statement is one that is the "product of a rational intellect and a free will, and not induced by physical or psychological coercion." (Commonwealth v. Weaver) - Was the will of the defendant overborne to the extent that the statement was not the result of a free and voluntary act. (Commonwealth v. Selby) - The question of whether a defendant's statements were voluntary is an entirely separate inquiry from Miranda warnings. (Commonwealth v. Walters) - A court may hold that, even though defendant waived their Miranda rights under the 5th Amendment, the statement should be suppressed on Due Process grounds if it was involuntary.

Voluntariness

Statements that are not voluntary will be suppressed. The 14th Amendment Due Process clause require any incriminating statement be made freely and voluntarily. The voluntariness requirement applies to all defendant's statements, regardless of whether the statements resulted from custodial integration. (Commonwealth v. Libby)

Voluntariness

What are the following factors used to determine - How long was the interview? - How many officers were present? - Did officers use deception or threats? - Did officers use deception or threats? - Did officers make any promises or inducements to the suspect in exchange for a confession? - What was the officer's conduct like during questioning? - What was the suspect's physical and mental condition? - Was the suspect under the influence of drugs or alcohol? - Was the suspect offered food, beverages, or time to rest? Were they given meals at regular intervals? - How old is the suspect? - Does the suspect have any prior involvement in the criminal justice system - How far did the suspect go in school? - Was the suspect held incommunicado - not able or allowed to communicate with other people?

Voluntariness

What are the following - How long was the interview? - How many officers were present? - Did officers use deception, threats? - Did officers make any promises or inducements to the suspect in exchange for a confession? - What was the officer's conduct like during questioning? - What was the suspect's physical and mental condition? - Was the suspect under the influence of drugs or alcohol? - Was suspect offered food, beverages, or time to rest? - How old is the suspect? - Does the suspect have prior involvement in the criminal justice system? - How far did the subject go in school? - Was the suspect unable or not allowed to communicate with others?

Voluntariness Factors

(a) Suspects must waive their Miranda rights voluntarily and without police coercion such as physical violence, threats, or promises. (Colorado v. Spring) (b) A waiver of Miranda rights by suspects in custody must be, "the product of a free and deliberate choice rather than intimidation, coercion, or deception." (Moran v. Burbine) (c) Police who use trickery, false statements, and/or implied promises may coerce an innocent person to confess and prevent the Commonwealth from meeting the burden of proof for voluntariness. (Commonwealth v. DiGiambattista) (d) Minimization of crimes committed and implied assurances of leniency with : "now or never" proposition were police tactics that were found by a court to have resulted in a coerced and involuntary confession. (Commonwealth v. Baye) and (Commonwealth v. Monroe) (e) Statements by police that imply that this is the only chance the suspect will have to tell their story will invalidate a waiver of their Miranda rights. (Commonwealth v. Thomas) (f) To demonstrate voluntariness, officers can add the following question to Miranda Warnings: "Do you want to waive your rights?" A "Yes" answer by suspects is generally enough to satisfy voluntariness for courts. Any unclear answer (e.g., "I am not sure, " etc.) requires police to take all necessary steps to ensure the suspect voluntarily waives their rights.

Voluntary

Suspects must waive their Miranda rights voluntarily and without police coercion such as physical violence, threats, or promises. (Colorado v. Spring) A waiver of Miranda rights by suspects in custody must be the product of a free and deliberate choice rather than intimidation, coercion, or deception. (Moran v. Burbine) A combination of trickery, false statements and/or implied promises may coerce an innocent person to confess and prevent the Commonwealth from meeting the burden of proof for voluntariness. (Commonwealth v. DiGiambattista) "Do you want to waive your rights?" "Yes" answer is generally enough to satisfy voluntariness for the courts. Any unclear answer like "I am not sure" requires police to take all necessary steps to ensure the suspect voluntarily waives their rights.

Voluntary

The following are the best practices to clearly establish a what? (a) Do not surround person with multiple officers. (b) Avoid displaying weapons during questioning. (c) Consider allowing the suspect to have a family member or friend present for the interview (d) Conduct interview in a neutral location or one familiar to person being questioned. (e) Tell person being questioned they are "not under arrest"; "free to stop the interview at any time"; and "free to leave at any time."

Voluntary and non-custodial interview

What the following best practice for? (1) Written statements Scheduled interviews are longer, planned and typically occur in settings that allow officers to obtain written statements. Determine beforehand if a written statement will add value. (2) Reason for scheduled interview (e.g., witness, victim, suspect, general information unrelated to a crime, etc.) (3) How person arrived at interview location (e.g., brought by police; drove self, etc.) (4) Date and time (5) Location (a) Room size (b) Open or closed access room (c) Door open/closed; locked/unlocked (d) Names of all people present (6) Interviewee (a) Name, current home address, contact phone numbers; best time and method to make recontact if needed (b) Physical and emotional state; include influence of alcohol or drugs (not prescribed) (c) Use of prescription medications; taken as scheduled (d) Cognitive limitations (7) Questions asked by police (8) Statements made including answers to police questions (9) Length of interview

Writing reports for a scheduled interview

Are interrogations accusatory?

Yes

Do interrogations need to be recorded?

Yes

Do people need to be in-custody for an interrogation?

Yes

Whenever possible, a what should be obtained by police? "An express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but is not inevitably either necessary or sufficient to establish waiver." (North Carolina v. Butler)

express written waiver