Essentials of the Reid technique; criminal interrogation and confessions, second edition
Evaluating feet Page 83
When a subject has his legs crossed with one knee over the other, he may bounce his foot. Ongoing foot bouncing during an interview simply means the subject is generally anxious and should not be considered as an indication of deception. However, changes in foot bouncing behavior that occur in conjunction with a verbal response can be a significant indication of deception. The feet are also involved in significant postural changes called shifts in the chair. With this behavior, the subject plants his feet and literally pushes his body up slightly off the chair, to assume my new posture. Significant shift in the chair of this nature are good indications of deception when they immediately proceed or occur in conjunction with a subject verbal response.
Overview of research on related behavior analysis Page 66, 67,
- After a compilation of verified cases and a statistical analysis of the behavior symptoms exhibited by polygraph test subjects, it was encouraging to find that the majority of the verified truthful individuals had been tentatively identified as such by the polygraph examiner during the pretest interview, and a considerable number of the verified lying subjects had been tentatively identified as liars even before the polygraph test had begun. It was established, however, that truthful suspects were easier to recognize from behavioral symptoms alone and that lying suspects were more difficult to identify in this manner. Recent research efforts that have more closely attempted to mirror real life interview circumstances have demonstrated a significant increase in the investigators ability to evaluate accurately a subjects behavior symptoms. Consider the following: - High stake lies are detected at higher rates than low stake lies - when and investigator understands the context in which an interview is taking place accuracy in the assessment of a subject behavior symptoms greatly increase. - Accuracy and detecting deception with real life suspects is significantly higher than suggested by studies that used subjects in a mock crime scenario - Training and experience in the field of behavior symptom analysis significantly increases the ability to detect truth and false statements.
Gathering information from others through interviews Page 13, 14, 15
- After obtaining information from an investigator, consider the possibility that the investigator may have become so convinced of the suspects guilt and so anxious to obtain a confession himself, that he may have prematurely confronted the suspect with an accusation or may have indulged in some verbal abuse. - Consider that an investigator may have worked so many hours or days on a case that, without any malicious intent, he may have withheld relevant information or even supplied unfounded information to the investigator. - The trained investigator should recognize the immediate resentment and anger displayed by the suspect and spend time necessary to defuse the suspect's emotional state of mind, even to the extent of chiding the earlier investigator for his treatment of the suspect. - When an initial investigator becomes emotionally involved in solving a case, it is not uncommon to lose the perspective of a truth seeker and assume the adversarial role of the prosecutor, attempting to build a case against the person he believes responsible for the crime. - The astute investigator should anticipate such possible biased reporting and ask questions regarding information that may speak too favorably or unfavorably of the suspect - understandably, there is an ego factor that may discourage a full exchange of information between two investigative units or between individual investigators - while listening to a fact givers report of the incident in question, jot down notes regarding dates, time, and nicknames of participants or witnesses, and fill in the complete details later rather than interrupt the fact give her who is giving the report.
Characteristics of an interrogation Page 5
- An interrogation is accusatory. A deceptive suspect is not likely to offer admissions against his self interest unless he is convinced that the investigator is certain of his guilt. - An interrogation involves active persuasion. Therefore, in an effort to persuade the suspect to tell the truth, the investigator will use tactics that makes statements rather than ask questions - The purpose of an interrogation is to learn the truth. A common misperception exist that the purpose of an interrogation is to elicit a confession. - An interrogation is conducted in a controlled environment. - An interrogation is conducted only when the investigator is reasonably certain of the suspects guilt. The basis for this belief may be 1, the suspects behavior during an interview, 2, inconsistencies within the suspects account, 3, physical evidence, or 4, circumstantial evidence coupled with behavioral observations. Interrogation should not be used as a primary mean to evaluate a suspects truthfulness. In most cases that can be accomplished during a non-accusatory interview - The investigator should not take any notes until after the suspect has told the truth and is fully committed to a position. Only after the suspect has fully confessed, and perhaps after the confession has been witnessed by another investigator, should written note to be made documenting the details of the confession.
Characteristics of an interview Page 4, 5
- An interview is non-accusatory. Non-accusatory means not indicating wrongdoing, not blaming or accusing. This should be the case even when the investigator has clear reason to believe that the suspect is involved in the offense or has lied to him. By maintaining a non-accusatory tone, the investigator is able to establish a much better rapport with the suspect, which will assist in any interrogation that might follow the interview. The investigator should remain neutral and objective during the interview process. - The purpose of an interview is to gather information. Investigated and behavior information. Examples of investigative information include 1, establishing the relationship between the suspect in the victim, 2, the suspect alibi, and the 3, suspects access to the crime scene. Behavioral responses include, the suspects posture, eye contact, facial expressions, word choice, and response delivery. - An interview may be conducted early during an investigation. Because the purpose of the interview is to collect information, it may be conducted before evidence is analyzed or all of the factual information about an investigation is known. - An interview may be conducted in a variety of environments. The ideal environment for interview is a room designed specifically for that purpose. Frequently, however, interviews are conducted where ever it is convenient to ask questions.
Considerations in setting up an interview room continued
- Create an observation room or equip the room with an electronic recording system. An observation room is the room adjoining the interview room that allows investigating officers to observe and hear the interview while the necessary privacy is maintained by using a one-way mirror. The mirror should be off to one side, away from the suspect, or at least above eye level if it must be located in front of the suspect. -The interview room should also be equipped with a concealed microphone so that the person in the observation room may here as well as see what occurs in the interview room. Another equally desirable arrangement is to equip the room with a video camera to record interviews and interrogations electronically. The camera should either be concealed or positioned off to the side, out of the suspects direct line of vision. -An interview/observation room arrangement of the suggested type can be of considerable value in several respects: 1. It affords an opportunity for investigating officers to observe and hear the interview while the necessary privacy is maintained. 2. The suspect behavior can be evaluated by fellow investigators who have to prepare themselves for later involvement. 3. In cases where a female is the suspect, a policewoman or other female may be stationed in the observation room to witness the proceedings as a safeguard against possible false accusations of misconduct on the part of the investigator. The presence of any such witness, whether male or female, is also helpful and other types of situations as a safeguard against false accusations of physical abuse, threats, or promises on the part of the investigator. 4. When a suspect is left alone in the interview room, he can be kept under observation as a precaution against any effort to escape or perhaps even the remote possibility of an attempt at suicide. The observation room mirror arrangement may protect the investigator from physical harm by a violence prone suspect.
Asking direct questions continued
- Do not include memory qualifiers with your question. If the investigators question contains a memory qualifier, the deceptive subject feels much more confident in his denial. Memory qualifiers are words that express uncertainty when a person is recalling past events. - Do not ask negative questions. A negative question is a question that expects agreement with an implication contained within the question. These are the easiest questions to lie to, and yet they are frequently asked during interviews. - Do not ask challenging questions. The interviewing process should be non-accusatory. Once questions are asked in a challenging or accusatory manner, the subject will offer less and less information. Instead, the investigator may say, I'm somewhat confused about something, or, I may have misunderstood your earlier statement.
Considerations in setting up an interview room Page 21, 22, 23, 24, 25
- Establish a sense of privacy. The room should be quiet, with none of the usual police surroundings and with no distractions within the suspects view. It should be as free as possible from outside noises, and should also be a room into which no one will have occasion to enter passed through during the interview. The less the surroundings suggest a police detention facility the more likely it is that a suspect or arrestee who is guilty will implicate himself and at the same time the surroundings will reassure the innocent suspect. There should be no bars on the window and the room should have it's own thermostatic controls. - Minimize reminders of consequences - Remove locks and other physical impediments. For noncustodial interviews, an interview conducted under circumstances where The subject is free to leave the room, there should be no lock on the door of the interviewing room, nor should there be any other physical impediment to an exit by the suspect if he desires to leave the building itself.
Characteristics of an interview continued
- Interviews are free-flowing and relatively unstructured - The investigator should make written notes during a formal interview. Notetaking during a formal interview, one conducted in a controlled environment, serves several important purposes. Not only will the notes record the subject responses to interview questions, but also by taking notes, the investigator will be more aware of the subjects behavior. Notetaking also slows down the pace of the questioning. It is much easier to lie in response to questions that are asked in the rapidfire manner. Notetaking can inhibit the gathering of information if it is done sporadically. However if at the outset of the interview the investigator established as a pattern of writing a note following each of the subjects responses, notetaking will not inhibit the disclosure of relevant information A controlled environment is an environment that is private and free from distractions
Examples of open questions Page 50
- Please tell me everything you know about the fire at your warehouse - Please tell me everything that happened to you after school last Friday night - Please tell me everything about the accident you witnessed - Tell me everything you did from noon on Saturday until you went to bed
Facts about fact gathering Page 10, 11,
- Prior to an interview, and preferably before any contact with the suspect, the investigator should attempt to become thoroughly familiar with all the known facts and circumstances of the offense. - The case information should be obtained from the most reliable available sources, because any inaccuracies will seriously interfere with the effectiveness of the interview or subsequent interrogation. - The suspect he was guilty and he realizes the inaccuracies of the investigators information will be more confident about lying; conversely, the suspect who is innocent may feel insecure because of a lack of confidence in the investigators demeanor. - The investigator should first interview those suspects who are least likely to be guilty and work towards the suspect who is most likely to be involved in the offense. The more information and investigator knows about the guilty suspect, the better his chances will be to elicit the truth during interrogation. - Truthful suspects can provide valuable information about the guilty suspect. Because of their innocence, truthful suspects generally speak openly about other suspects possible motives, propensities, or opportunities to commit the crime. Even when such information is not learned, the guilty suspect, aware that others have been interviewed, is concerned about what these people may have revealed to the investigator. -The victim should be the first person interviewed. The information a victim provides is essential to the investigation. In those instances when a victim's account is unsupported by physical evidence of trauma or when there are no witnesses to corroborate the event, the victim statement becomes the sole basis for the questions asked of a possible suspect.
Considerations in setting up an interview room continued
- Remove all distractions. Interview rooms should be plain color, smooth walls, and should not contain ornaments, pictures, or other objects that would in any way distract the attention of the person being interviewed. Even small, loose objects, such as paperclips or pencils, should be out of the suspects reach so that he cannot pick up and fumble with anything during the course of the interview. If pictures or ornaments are used at all, they should be only on the wall behind the suspect. If there is a window in the room it too should be to the rear.
Considerations in setting up an interview room continued
- Select proper lighting. Provide good, but not excessive or glaring illumination of the suspects face. Any lighting that interferes with the investigators full view of the suspects facial features and expressions should be avoided. If used, overhead lighting is more appropriate. - Minimize noise. No telephone should be present in the interview room, if the investigator wears a beeper, it should be in the vibrator mode or turned off. Any noise emanating from the heating or ventilating system should be minimized to reduce distraction. - Arrange chairs properly. The chairs for the investigator and suspects should be separated by about 4 feet and should be directly facing each other, without a desk, table, or any other object between them. The chair should be the type normally used as office equipment and should not have rollers, they should be straight back chairs, because other types of chairs induce slouching or leaning back, and such positions are psychologically undesirable. This is no occasion for the investigator to relax either. The investigators full attention and alertness are highly essential. The seating arrangement should be such that both the investigator in the suspect are on the same eye level. Avoid chairs that place suspects in an inferior posture or prevents them from making normal changes in their posture.
Guidelines for areas requiring clarification Page 55
- Sketchy details - Illogical or unexplained behavior - Time get phrases - Imply action phrases - People who are not identified - Conversations - Qualifying phrases
Asking direct questions continued
- Whenever practical, ask an open question rather than a direct question. - When seeking a possible admission, use non-descriptive language. Subjects will instinctively take a position of denial when the question contains descriptive terminology such as steel, rape, murder, or rob - do not predicate a question on information the subject provided at some earlier point in time. Even though the investigator may have substantial knowledge of what the subject told another investigator or wrote a statement, the investigator should ask each question as if he does not know the answer. - Do not combine two issues with the same question. To complicate detecting deception, a guilty subject will psychologically focus on the portion of the question to which he is telling the truth, as a consequence, his behavior will appear truthful. - Direct questions should be short and succinct. Do not tag a question. Tagging is a questioning error that involves the investigator asking a direct question and then continuing to talk, perhaps by suggesting possible responses to the question for clarifying the question.
Gathering information from others through interviews continued
-An effective technique, when obtaining additional facts, is for the investigator to reiterate what the fact giver has told him into follow up on missing or logical information. - In appropriate situations encourage the person relating the details of the case to sketch the place of the occurrence and to note on it any relevant points. -when interviewing a person regarding the facts of a case, ask what he believes may have happened, who he believes to be the chief suspect, and why. The fact giver, whether it is an employer, a loss prevention specialist, or a relative of the victim, is often much more familiar with the possible suspects than the investigator. - regard cautiously the reliability of information submitted by a paid informer. There are times when such information is based only upon the informers conclusions rather than upon the actual facts or observations. Also, false information is deliberately furnished by an informant in order to obtain payment or to receive favorable consideration regarding his or her own criminal activities. -view with suspicion any anonymous report implicating a specific person in a criminal offense -in summary, it is always a good practice for an investigator to view with suspicion a tip or accusation based on an anonymous report. To be sure, there are occasions when the report is well-founded, but in the vast majority of instances, there is some ulterior motive.
Gathering information from others through interviews continued
-Ask a child victim of a sex offense involving a stranger to describe the scene of occurrence. The child should be asked to describe the room, it's curtains, wall colors, floor rug, bed, and other such objects. If the description is accurate, the fact will serve to corroborate that the child was in fact in the room. -during an interview with the presumed victim or other reporter of a crime that involves money or property rather than physical offense, A skillful investigator may ascertain that no crime was in fact committed. - When full credibility has been established regarding the victim, the accuser, and the crime discover, the facts that are learned may be extremely helpful in determining the procedure to be followed in the subsequent investigation, leading to the interview and interrogation of the suspect themselves. -One basic principle to which there must be full adherence is that the interrogation of suspects should follow, not proceed, and investigation conducted to the full extent permissible by the allowable time and circumstances of the particular case. Investigate before you interrogate.
Benefits of asking an initial open question early during an interview Page 50
1. Because the subject is free to include or exclude whatever he wants to within his response, the subject is unlikely to include false information. Open questions do not invite fabrication. Information volunteered during a response to an open question, for example a subjects alibi, will probably all be truthful, although perhaps incomplete. 2. The subjects response to an initial open question can be evaluated for editing, to determine where the subject intentionally excluded specific information within the account. 3. Responses to open questions generally do not commit the deceptive subject to a position of denial, where as a series of clothes questions may cause the subject to stick to a lie he told early during the interview process.
Guidelines for using eye contact to assess a suspects veracity Page 84
1. Generally speaking, eye suspect who does not make direct eye contact is probably withholding information. 2. Under no circumstances should an investigator challenge the suspect to look at him straight in the eye. 3. Instead of staring at this aspect, the investigator should somewhat casually observe his eyes and other behavior symptoms to avoid making the suspect feel uncomfortable. 4. An investigator should not expect a suspect to constantly look at him, in fact, it is unnatural for either party in a normal conversation to stare at each other with consistency. 5. A suspect should not be permitted to wear dark glasses during the interview or interrogation unless there is a medical condition requiring their used indoors 6. In general, a lying suspects eyes will appear foggy, puzzled, probing, pleading, evasive or shifty, cold, hard, strained, or sneaky. On the other hand a truthful person's eyes will appear clear, bright, alert, warm, direct, easy, soft, and unprobing.
Indications of truthfulness Page 53
1. Similar detail throughout the account: different individuals will include different amounts of details within an account. However, if the account is factual, there should be a similar amount of detail throughout one individuals account. 2. Out of sequence information: memories are not stored in real time, the way a video camera records images. Rather, people have primary memories, which may then stimulate secondary memories. The fact that the subject includes out of sequence information offers support for the statement being derived from factual recall. 3. Expressions of thoughts and emotions: when relating a traumatic incident, it is very suspicious if the suspect does not include thoughts or emotional states because, psychologically, they are linked so closely with behaviors.
Attitude most commonly seen in truthful versus deceptive subject during an interview Page 70, 71
1. Spontaneous versus guarded: The truthful subject offers longer responses during an interview, volunteers information, and gives responses that are free-flowing. The deceptive subject may offer very short responses containing only minimal information. 2. Sincere versus insincere: The truthful subject openly expresses appropriate emotional state. The insincere subject sales his innocence as if it were a product, while the sincere subject states his innocence as an irrefutable fact. 3. Helpful versus unhelpful: The truthful subject is as anxious as the investigator is to catch the guilty person, will openly discuss suspects and motives and speculate about how the crime may have been committed. Deceptive suspects are reluctant to talk about possible suspects or people who could be eliminated from suspicion and may even take the position that no crime was committed.
Goals of establishing report at the outset of an interview Page 42
1. The suspect is given an opportunity to evaluate the investigator. Hopefully, the suspect will conclude that the investigator is professional, nonjudgmental, and knowledgeable. 2. The investigator can make an initial assessment of the suspect. This includes such observations as the suspects communication skills, general nervous tension, normal level of eye contact, and behavioral baseline 3. The investigator should establish a question and answer pattern for the interview.
What are the underlying principles of behavior analysis Page 68, 69
1. There are no unique behaviors associated with truthfulness or deception. The behavioral observations and investigator makes of a suspect do not specifically correlate to truth or deception. Rather, they reflect the subjects internal emotional state during a response. Behavior analysis, therefore, involves making inferences about a subjects truthfulness based on behavioral observations, none of which is unique to truth telling or lying. 2. Evaluate all three channels of communication simultaneously. When the three channels of communication each send the same message, the investigator can have high confidence in believing the subjects verbal message. When inconsistencies exist between the three channels, the investigator needs to evaluate possible causes for this inconsistency. 3. Evaluate paralinguistic and nonverbal behaviors in context with the subjects verbal message. To assess the probable meaning of a subject emotional state, a subjects paralinguistic and nonverbal behaviors must always be considered along with the verbal message.
Guidelines for evaluating a suspects verbal response to an interview question Page 72, 73, 74, 75, 76
1. Truthful subjects respond to questions directly/deceptive subject may answer evasively. Types of evasive responses - The subject does not state that something happened and the investigator should not make the assumption that it did - Answering a question with a question - Lying by referral which is a response based on an earlier communication in order to avoid lying. What the suspect failed to include in his response is that he lied during the earlier communication.
Indications of deception Page 53, 54
1. Varying levels of detail: the investigator should be suspicious that an account may be deceptive if it contains a great deal of detail leading up to the main incident but the description of the main incident lacks an equivalent level of detail. Similarly, if the introduction and epilogue are very sketchy but the subject offers a very detailed main event, this should be viewed suspiciously as well. 2. Perfect chronology within the account: an account that goes from a to Z without ever skipping back in time is somewhat suspicious. This may be an indication that the account is rehearsed or is being generated spontaneously. A truthful account that has been re-told many times however may be chronological 3. The absence of thoughts or emotions: deceptive accounts are frequently focused entirely on behaviors, what happened, when it happened, how it happened, what was said, and so forth.
Three distinctively different channels in which we communicate Page 68
1. Verbal channel: Word choice and arrangement of words to send a message 2. Paralinguistic Channel: characteristics of speech falling outside of the spoken word 3. Nonverbal Channel: posture, arm and leg movements, eye contact, and facial expressions These channels can work together to send the same message, or conversely, to send conflicting messages.
Evaluation of paralinguistic behavior continued
2. Early responses: another category of paralinguistic behavior related to timing is a response offered before the interview or finishes asking the question. A truthful subject who is somewhat nervous may offer early responses, especially at the beginning of the interview. This is simply the result of the subjects general anxiety. Such an early responses from the truthful subject will be repeated after the interview or finishes asking the question. Early responses from the deceptive subject are often not repeated. Once the subject voices his denial, in his mind he has answered the question, even though the investigator has not completely finished asking it. It is an especially reliable sign of deception when an early response occurs during the middle or end of an interview.
Guidelines for evaluating a suspects verbal response to an interview question continued
2. Truthful subjects may deny broadly/deceptive subject may offer specific denials. A truthful subject feels much more confident using broad and descriptive language during a denial than a deceptive subject does. Phases more often used by truthful subjects: I'm absolutely sure I'm positive There's no way I didn't steal anything I've never raped a woman in my life I had nothing whatsoever to do with the robbery. It should be recognized that this behavior symptom only applies to spontaneous interview situations. Broad language may be nothing more than a guilty's suspects carefully thought out rehearsed response. During a spontaneous interview, deceptive subjects may deny some narrow aspect of the interviewers question. The investigator should listen carefully to what the subject is not denying.
Arranging the formal interview Page 40, 41, 42
3. Imply that other people involved in the investigation have agreed to meet with you or have already been interviewed. This place is the guilty suspect in a dilemma, in that if he does not agree to be interviewed it may be perceived as evidence of guilt. This approach will also benefit the innocent suspect, who may not otherwise cooperate because of a belief that that he is being singled out as a guilty person. When a suspect does voluntarily submit to an interview, it is our recommendation to advise the suspect that he is not in custody and is free to leave at any time. Statements that threaten or insinuate possible arrest will nullify the voluntary nature of the interrogation.
Evaluation of paralinguistic behavior continued
3. Response length: statistically, truthful subjects offer longer responses to interview questions than deceptive subjects do, and the content of the truthful response will stay on track with the interviewers question. Deceptive subjects may offer the minimal amount of information within their response or other deceptive subjects may ramble. When rambling, the subjects answer is likely to get off track by the time the response is complete. 4. Response delivery: a response said in sincere anger is often delivered in a very crisp manner called clipped words. Clipped words is a behavior symptom indicated of truthfulness where responses delivered in a staccato Fashion, emphasizing each word. When rate or pitch decreases, this may mean the subject is editing information or is uncertain of what actually occurred. As a general guideline, when the subject is relating a truthful emotional account, his or her rate and pitch will increase as The subject relives the event. A truthful subject wants the investigator to understand his responses and will speak clearly and at an appropriate volume level. Deceptive subject may mumble during a response or talk quietly.
Guidelines for evaluating a suspect verbal response to an interview question continued
4. A deceptive denial may be bolstered to make it sound more credible: Sometimes a deceptive subject feels the need to strengthen or bolster his denial to make it sound more convincing. As God as my witness On my mothers grave I swear Honestly Another strategy the deceptive subject may use to reduce anxiety within a false statement is to introduce a lie with a statement against self interest which is a statement that decreases anxiety by alerting the investigator to the true intent behind a statement. As crazy as it sounds Not to evade your question but You may not believe this but
Guidelines for evaluating a suspects verbal response to an interview question continued
3. Truthful subjects offer confident and definitive responses/deceptive subject may offer a qualified responses. A truthful denial will stand on its own, and it will be clear that the subject is excepting full responsibility within his response. Deceptive subject may use phrases that qualify the response, therefore weakening it. Types of qualified responses. - Generalization statement: used to respond truthfully but deceptively to a question about a particular point in time. The statements often begin with faces such as "as a rule" or "generally". - Memory qualifiers: phrase that blames a poor memory in order to bend a response in the subjects favor. These answers often begin with phrases such as "as far as I recall "or "at this point in time ". With respect to memory qualifiers, the investigator must evaluate these phrases relative to the question I asked. If the question requires the subject to rely on long-term memory or address is an every day occurrence, it may be very appropriate for a truthful subject to use memory qualifiers. - Omission qualifiers: qualifying phrase indicating that the subject is omitting part of his answer within his response. Examples of omission qualifiers include "hardly ever" and "not often". - Estimation phrases: a phrase that tells the investigator that the subject is providing an estimation, rather than an exact statement. These may be appropriately heard from truthful or deceptive subjects. The key is to evaluate the response in relation to the type of questions asked.
Case facts Page 9
Information from a variety of sources that is used by an investigator to gain a solid background about a case before conducting an interview or interrogation.
Attitude most commonly seen in truthful versus deceptive subject during an interview Page 70, 71
4. Concern versus unconcern: The truthful suspect comes across as very concerned during an interview, approaches in a serious manner and pays attention to the interviewers questions. The deceptive suspect may approach the interview quite nonchalantly and downplay the significance of being a suspect in the investigation and he is not paying close attention to the interviewers questions. The truthful suspect has given much thought about the guilty person and will express harsh judgment toward the person guilty. The deceptive suspect has not gone through the same thought process. When asked to speculate about who committed the crime, may simply state that he has not given that issue much thought. He feels uncomfortable providing insight regarding the crime he committed. He is unlikely to express harsh judgments against the guilty person. 5. Cooperative versus uncooperative: A truthful suspect perceives the interview as an opportunity to be exonerated and agree to be interviewed. They openly respond to the investigators inquires and make no attempt to rush the process. The deceptive suspect may offer weak excuses for why he is unavailable or may fail to show up for interviews. The deceptive suspect may present a variety of complaints, ranging from the length of the interview to the room temperature being too warm or cold.
What are the underlying principles of behavior analysis Page 68, 69
4. Evaluate the preponderance of behaviors occurring throughout the interview. One of the findings of the previously mentioned research is the importance of rendering opinions based on an evaluation of the subjects behavior throughout the course of the entire interview. The likelihood of correctly assessing behavior over a five minute interview will be considerably less than if the behavioral assessments are made over a 30 or 40 minute interview. 5. Establish the subjects normal behavior patterns. Each person interviewed will have his own behavioral idiosyncrasies: the way they gesture, their style of speech, the degree to which they establish eye contact, and so forth. At the outset of each interview the investigator should spent several minutes discussing nonthreatening information to establish a behavioral baseline for the particular subject.
Indications of deception Page 53, 54
4. Phases indicating a time gap: "the next thing I remember " "before I knew it" "Eventually" Just because time gap phrases are used and precipitators are omitted, does not necessarily mean that these are fabricated accounts, but rather that the victim chose not to include the events immediately leading up to the alleged crime. These omissions might have been because of embarrassment or shame, which may indicate possible truthfulness, or perhaps because the victim was responsible for the action, which may negate the claim. The point is, time gap phrases help direct the investigators attention to a portion of an account that requires clarification. 5. Implied action phrases: deceptive subjects rely extensively on the investigator making assumptions about what probably happened. A good rule to follow is that if the subject did not specifically state that something happened, the investigator should not assume that it did.
Evaluation of paralinguistic behavior continued
5. Continuity of the response: a truthful response is spontaneous and free-flowing but will maintain continuity, and that one sentence or thought will naturally stem from the earlier one. A significant paralinguistic behavior of deception, is stop and start behavior, in which the subject begins a response in one direction but abruptly stops it and starts over again in a different direction. To reduce anxiety within his intended deceptive response, he abruptly stops and changes his statement to make it a specific denial that is the truth. 6. Erasure behavior: a paralinguistic behavior that has the effect of you erasing the implied connotation of the statement. Within paralinguistic communication there are specific erasure behaviors that can have the same effect as a wink or smile, such as laughs, cough, or clearings of the throat. These laughs and clearing of the throat are significant only because they follow important denials. Truthful subjects will engage in laughter and clearing of the throat or coughing during an interview for a variety of reasons. These behaviors should only be considered a possible symptom of deception when they immediately follow a significant denial.
Guidelines for evaluating a suspects verbal response to an interview question continued
5. Truthful subjects will offer spontaneous responses/deceptive subject may offer rehearsed responses The truthful subject thoughts are focused on who may have committed the crime, what's the person's motivation may have been, and how the crime was committed. Deceptive subjects thoughts are oriented toward concerns about what evidence he may have left behind, what other people may have said about him, and whether or not he can lie convincingly There are two verbal behaviors associated with rehearsed responses - Non-contracted denial, which is a verbal behavior associated with rehearsed responses in which the subject does not use verb contractions when giving answers to questions. - Listing, which is a response that is offered as a list of possibilities, indicating that the subject has anticipated the question and spent time formulating credible explanations, particularly if it occurs during the initial interview.
Asking follow-up questions Page 58
A follow-up question is a question that is specifically directed at some aspect of the subjects original response and is instrumental in clarifying the subjects behavior. A subject responses to follow up questions are often much more useful in identifying truth or deception than the initial response to the original question. It is important to appreciate that there are two distinct reasons for evaluating a subject behavioral response to interview questions - To form an opinion of the suspects probable truthfulness - Use behavioral symptoms to help direct the selection of follow-up questions to ask
Interview Page 3
A free flowing non-accusatory meeting or discussion used to gather information
Evaluation of verbal behavior Page 71, 72
A subject who is properly socialized and mentally healthy will experience anxiety when he lies. This anxiety may result from -internal conflict, -from knowing that his response is not the truth, -or from fear of the lie being detected. As the response moves farther from the truth, a subject will experience more and more internal anxiety as a result of the deception. When a deceptive subject is asked a direct question during an interview, he has essentially for verbal response options from which to choose. 1. A truthful response, which is a statement that reflects the truth and does not cause any internal anxiety as a result of deception. 2. An omissive response, which is a response that may consist of a non-verbal response alone or a verbal answer that excepts physical responsibility for an act but denies criminal intentions. Because this is omissive, the subject does not experience much internal anxiety associated with his response 3. And invasive response, which is a response that implies innocence without stating it. The suspect is not lying but is also not excepting any physical responsibility within his response. The subject experiences more internal anxiety through invasion then omission. 4. A deceptive response, which is a response that is associated with the greatest level of internal anxiety
Statements for suspects Page 43
A suspect should be reassured that if he is innocent, the investigation will indicate that, and that if he committed the crime his involvement will also be identified. One of the greatest fears of an innocent suspect is that his denials of involvement will not be believed. Innocent suspects experience relief when they are convinced of the investigators objectivity. "During our interview we will be discussing... Some of the questions I'll be asking you I already know the answer to. The important thing is that you be completely truthful with me today before you leave. If you had nothing to do with..., Our investigation will indicate that. But if you did, our investigation will clearly indicate that as well. Another effective statement that accomplishes the same goal is to make reference to physical evidence that will shortly be available. When interviewing a suspect who, in all probability, is guilty of the offense, the investigator should emphasize his objective role in the investigation.
Examples of abbreviations for, nonverbal behaviors Page 34
Delayed response,... Break of gaze/ Direct eye to eye contact, D I-I Shift in chair, S I C Cross legs, X legs Repeats question, Rpt Q
Dependent corroboration Page 10
Information withheld from the suspects in media that is used to verify a guilty person's confession
Custodial suspect Page 40
A suspect who is in police custody, this type of suspect must be read the Miranda warnings and must waive the right to remain silent and the right to have a lawyer present before an interview or interrogation can take place. Before a custodial suspect may be interviewed, even for the limited purpose of making a tentative determination of the suspects whereabouts at the time of the crime or other knowledge relating to a crime, he must be given Miranda warnings. Consequently, the interview procedures discussed in the section may be employed only win - The suspect is not in custody or - The suspect is in custody and has Wade both his right to remain silent in the right to have a lawyer.
Assumption of guilt Page 31
Advantages: 1. Possesses the desirable element of surprise. As a result, the guilty lack composure and may disclose the truth about certain pertinent information or perhaps even confess guilt. 2. The investigator can observe how the suspect generally reacts when treated as though he were considered guilty. A guilty person will usually display no resentment regarding such treatment, where as an innocent suspect usually will express resentment to the extent of being very forceful or perhaps even being highly insulting. Noting these differences in reaction can be very helpful in determining whether the suspect is, in all probability, guilty. Disadvantages: 1. The guilty suspect who does not immediately make some incriminating slipup or confess guild will be on guard during the remainder of the interview 2. The suspect who is innocent may become so disturbed and confused that it will be more difficult for the investigator to ascertain the subjects innocence, or even to obtain possible clues regarding helpful information that might otherwise have been obtainable.
Assumption of innocence Page 31
Advantages: 1. The investigators statement or implication of a belief in the suspects innocent will undoubtably place and innocent party at greater ease and, as a result, the fact of his innocence may become more readily apparent to the investigator. Moreover, under the circumstances, the investigator can more successfully elicit whatever pertinent information or clues the innocent suspect may be in a position to divulge. 2. This approach may cause a guilty suspect to lower his guard and to become less cautious or even careless in answering the investigator. As a result, the individual is more apt to make a remark or contradiction that will not only make the suspects guilt evident, but which also can be used to advantage during a subsequent interrogation Disadvantages: Once an investigator has committed himself as a believer in the suspects innocence, he must more or less confine inquiries to those based upon an assumption of innocence, for to do otherwise would tend to destroy the very relationship or report that was sought and using this approach.
Perspective of behavioral symptoms of truthful and untruthful subjects Page 89
Although behavior symptoms can be very helpful in differentiating truth from deception, they are not to be considered determinative of the issue. This is also true with respect to any diagnostic effort respecting human behavior, whether in psychiatry or medicine. To be meaningfully interpreted, a subjects behavior must be considered along with investigative findings in the subject background, personality, and attitudes.
Benefits of conducting an interview before an interrogation Page 5, 6
An exception to the foregoing suggestion may be a situation in which a suspect is caught in a incriminating circumstance or clearly evidences a desire to tell the truth during initial questioning. Under this circumstance, and immediate interrogation may be warranted.
Informal interview Page 40
An informal interview is typically conducted at the scene of the crime or during follow-up investigation that is restricted to seeking basic facts about the crime that the interviewee may possess. In an informal environment, although privacy should always be a primary concern, and informal environment rarely allows for a structured, in-depth interview. Interrogation under the circumstances should only be considered when the person being questioned evidence is clear signs of wanting to confess or when the timing and evidence suggests that a confession is likely.
Interrogation Page 3
And accusational interaction with the suspect, conducted in a controlled environment, designed to persuade the suspect to tell the truth
Asking direct questions Page 56, 57, 58
Direct questions are usually closed questions asked to elicit a specific position or answer from the subject. Although direct questions are an efficient way to learn information, a deceptive subject is also more likely to lie to these questions. Essentially, direct questions force a deceptive suspect to either offer incriminating evidence or to lie. Therefore the investigator must carefully monitor the subjects behavior when responding to them.
The use of an introductory statement Page 43
And introductory statement is a statement made - To clearly identify the issue under investigation - To establish the investigators objectivity concerning the suspects truthfulness or deception and - To persuade the suspect that if he lies, his deception will be detected. Before agreeing to be interview, the subject knows whether or not he is involved in the offense, has complicity in the offense, or possesses guilty knowledge. Once report has been established during a formal interview, the investigator should generally make an introductory statement Our experience has shown that making such a statement greatly increases behavior symptoms displayed by both truthful and deceptive persons. It is also beneficial in situations where the investigator conducted an interrogation following the interview because - The investigator has established his objectivity at the outset of the interview and - The investigator has established his confidence in detecting deception.
Fact giver Page 10
Any person who provides information about a case, whether that person is a witness, informant, victim, employer, or any other investigator who has worked on the case.
Considerations in setting up an interview room continued
As mentioned earlier, in certain situations there may need to be a third person actually present in the interview room either because there is no observation room facility or because of some other factor. Four instance, and employment exercise his right you have a union representative or some other fellow employee present. Also, some agencies have the requirement whenever a female suspect is to be interviewed by a male, and other female must be present. Some have the requirement that a juvenile suspect can only be interviewed in the presence of a parent or guardian. In all such instances, the third-party should be seated in the back up into the side of the suspect. It should be obvious that a suspects own home or office is an inappropriate setting for an interrogation. It is advisable, therefore, to avoid an interrogation in a home or office whenever possible
Establishing rapport Page 42, 43
Before asking questions, the investigator should establish a rapport with the suspect. Rapport has different meanings under different circumstances. It can mean establishing a level of comfort or trust, or it may connote a common ground or similarity between two people. The definition of rapport that most accurately fits an interview is "A relationship marked by conformity " One of the easiest ways to do this is to begin the interview by establishing background information about the suspect, starting with the spelling of his last name. The investigator should make a written note following each response. This will establish a pattern for the remainder of the interview.
Interviewer qualifications Page 30
Conducting a proper interview goes beyond just asking questions. Two investigators can question the same suspect, and yet one of those investigators may develop much more meaningful and useful information from the suspect than the other. The personality and demeanor of an interviewer play an important role in his success. The effective interviewer is able to separate the suspect from the crime he may have committed, the interviewer perceives his role as ascertaining the truth, not passing judgment on the suspects behavior or attitude A person is more likely to divulge incriminating or sensitive information to someone who appears friendly and personable. It is essential that the interview will be perceived as objective and nonjudgmental. Good interviewers have a genuine curiosity and concern about people, guilty or innocent, and sincerely enjoy talking to others. The successful interview must feel comfortable asking questions. An investigator who is obviously uncomfortable asking questions during an interview creates more nervous tension in the truthful subject, and the deceptive subject may experience greater confidence in his ability to lie. The effective interviewer should have an easy-going confidence that allows the subject to feel comfortable telling the truth but uncomfortable lying.
Reliance on expert Page 12
Do not rely upon a physicians estimate of the time of death of the victim or of the time when the fatal wound was inflicted. All too frequently, such reliance leads to a futile interrogation of the suspect. Even the most competent of trained forensic pathologist report that it is very difficult, and even impossible in many instances, to accurately estimate the time of death or of the infliction of the fatal wound.
Investigators demeanor during an interview Page 32,33,34
Dress: the investigator should dressed in civilian clothes rather than uniform, but if the uniform cannot be avoided altogether, the coat, bad, gun, and holster should be removed. Seating arrangement: during an interview the investigator should sit approximately 4 to 4 1/2 feet directly in front of the subject. The investigators posture should be relaxed and comfortable. Smoking: avoid smoking in the suspects presence. If the suspect is a non-smoker, they may find it offensive, and it is psychologically easier to lie to someone disliked or despised. At no time should the investigator engage in any behavior that would allow a guilty suspect to vent his guilt and apprehension through legitimate feelings of anger or resentment. Also, if the investigator is not smoking, the suspect is less likely to attempt to smoke in an effort to relieve emotional tension or to bolster his resistance to telling the truth.
Evaluating hands Page 81, 82
During a response, a subjects hands can do one of three things. They can - Remain uninvolved and unmoving, which can be a sign that the subject lacks confidence in his verbal responses or is simply not talking about something perceived as very significant - The hands can move away from the body and gesture, or illustrating - The hands can come in contact with some part of the body, which is referred to as adaptive behavior. Illustrators or more often associated with truthfulness, especially when the subject is explaining a physical activity during an emotional event. The absence of illustrators during a victim's account of a robbery or rate should be viewed suspiciously. A hand shrug is an illustrator with the specific meaning of "I don't know" or "I don't care". This behavior may involve one or both hands being slightly extended from the body with the palms turned upward. Adapter behaviors are divided into three categories. - Grooming gestures, involving in some manner the subjects appearance, picking lint, dusting clothing, inspecting fingernails - Personal gestures, a gesture which may involve the hand coming in contact with the body that reflects the subjects own unique nonverbal manner of relieving anxiety. Scratching, rubbing, ringing of the hands, drumming fingers. -Protective or supporting gestures, adapter behavior involving gestures that bring the hand into contact with the face.
Evaluating posture Page 79, 80
During an interview, a subject posture reveals his emotional involvement, confidence, and level of interest. A truthful subject should maintain a high level of emotional involvement, interest and confidence in his statements. The truthful subjects posture will be upright in the chair, and he will align his body with the interviewer so as to assure direct communication. During important statements, the truthful subject may lean towards the interviewer to emphasize the statement. While the truthful subject may cross his legs, it will appear to be comfortable and natural with relaxed muscles. During the course of a 30 or 45 minute interview, the truthful subject will assume a number of different postures. The transition from one posture to the next will appear to be very casual. A deceptive subject may slouch in the chair and appear somewhat distant and disinterested in the interviewing process. He may turn his torso away from the interviewer in a non-frontally aligned posture. Some deceptive subject may retreat from the interviewing environment and actually move their chair away from the interviewers chair. A variation of this retreating posture is to tuck the feet under the chair or to sit on one's hands. The deceptive subject may cross his arms or legs in a tight fashion in which muscles are contracted. This crossing behavior forms a physical barrier against the interviewer because the subject feels vulnerable. One of the most telling behaviors of deception relating to posture is a static posture. In this instance the subject assumes an initial posture during the interview and remains essentially it throughout the course of the interview.
Statements from witnesses Page 45, 46
During an introductory statement for a witness, address the witnesses fears openly and offer appropriate reassurances. A truthful witness may withhold information for a number of reasons. Primarily, these are -the fear of having to testify - The fear of retaliation by the person being named or by his or her associates - A reluctance to get somebody else in trouble A key point to keep in mind during the interview of the witness is that there is safety in numbers. That is, if the witness is led to believe that others have also come forward with information similar to the witness's own, he will feel more comfortable going along with the crowd and the related fears of being a witness will be greatly reduced. The investigator should not only imply that other witnesses have come forward, but also emphasize the witness's civic duty to help the police.
Responding to possible omission Page 59
During the course of an interview, a guilty subject may avoid lying to the investigators question three omission. What the suspect offers within his response is the truth, but it represents only part of the truth. The investigator should always listen for the possible admission when questioning a subject about frequencies of behavior or dates. Whenever a subject acknowledges that something happened, the investigator should ask, as an automatic follow up question, Besides that time what other time?
Phasing open questions Page 51, 52
During the interview of a person suspected of involvement in a crime or of fabricating an event, the initial open question should be phrase in the broadest sense possible, for example, tell me everything you did. Before responding to an open question, however, a deceptive subject may ask the investigator, "where would you like me to begin?" Or "what would you like to know?" The investigator should respond "whereever you want to begin" or "everything that happened."
Statements for child victims Page 45
During the introductory statement to a child victim of a sex offense, the investigator should clearly identify himself and the purpose of the interview. The interview or should exhibit a calm, patient, and casual manner A very important question to ask initially of a child victim is, "who have you already talk to about this? " Contrary to eliciting an open account from an adult victim, with a child it is essential to develop the information bit by bit rather than to seek it in a full recitation
Handling evasive responses Page 59
Evasive response is a response that does not offer a definite answer to a direct question. Often evasion is a symptom of deception, but some truthful subjects will evade a direct answer to the investigators initial question for number of reasons. In the case of any base of response, the investigator should simply rephrase the same question.
Establishing a subjects normal behaviors Page 90
Examples of areas to initially evaluate include the following - Intelligence: verbal communication skills, vocabulary, comprehension - Influence of drugs: slurred speech, pupil dilation or constriction, disorientation, inappropriate emotional affect - General nervous tension: frequent posture changes, nervous laughter, rapid changes in eye movement, handwringing, repented of hand or foot gestures. - Neurological disorders: may manifest themselves through facial tics, rapid blinking, or hand tremors.
Statements for adult victims Page 44, 45,
Exhibit concern and understanding towards sex crime victims, who generally are very reluctant to reveal the details of the offense. The investigator can ease this burden by suggesting, during the introductory statement, that the victim consider the investigator very much in the same light as a doctor and they might consult regarding a sensitive problem. The investigator should be the first person to use sexual terminology during such an interview. Allow the adult victim to tell her story without interruption, and then delicately ask specific questions concerning aspects of the occurrence that were unclear or incomplete. Care must be taken however not to sympathize to the point where the investigator, in an effort to avoid upsetting the victim, asks leading questions.
Formal interview Page 40
Formal interview is an interview that is conducted in a controlled environment, ideally one that is nonsupportive to the person being interviewed, such as a police station, security office, or a neutral location. During a formal interview the investigator has many luxuries, among the most important being that the interview can be structured to allow for the gathering of the most meaningful information. In addition, conducting an accusatory interrogation immediately following the interview becomes possible.
Privacy Page 19, 20
Freedom from distractions, refers to a place where a suspect feels able to confide in an investigator, usually when the investigator is alone with the suspect. The principal psychological factor contributing to a successful interview or interrogation is privacy. Being alone with the person during questioning. Investigators seem instinctively to realize this factor in their own private or social affairs, but they generally overlook or ignore it's important during an interview or interrogation. A suspect or witness is much more apt to reveal any secrets in the privacy of a room occupied by only himself and the investigator than in the presence of an additional person or persons.
Benefits of conducting an interview before an interrogation Page 5, 6
Frequently, prior to an interrogation, the only evidence supporting a suspects guilt is circumstantial or behavioral in nature. Under this condition, conducting a non-accusatory interview the suspect is indispensable with respect to identifying whether the suspect is in fact likely to be guilty. In those instances where there is clear and convincing evidence of a suspects guilt, it may be tempting for an investigator to engage directly in an interrogation, bypassing the interview process. This is generally not advisable for the following reasons: - The non-accusatory nature of the interview afford the investigator an opportunity to establish a level of rapport and trust with the suspect that cannot be accomplished during an accusatory interrogation. - During interview the investigator often learns important information about the suspect that will be beneficial during interrogation. - There is no guarantee that a guilty suspect will confess during an interrogation. However, if that same guilty suspect is interviewed, he may lie about his alibi, possessing a particular weapon, knowing the victim, or having access to a certain type of vehicle. - There is a psychological advantage for the investigator to conduct a non-accusatory interview before the accusatory interrogation. For the interrogation to be successful, the suspect must trust the investigators objectivity and sincerity.
Initial interview procedures Page 30, 31, 32
In the early stage of a criminal investigation, the available information is frequently insufficient for an investigator to make even a tentative determination as to whether the suspect is guilty or innocent. In these situations, there are three approaches available to the investigator 1. Interview the suspect upon the assumption of guilt, which is an interviewing style where in the investigator approaches each suspect as if the person were guilty of a crime. 2. Interview the suspect upon the assumption of innocence, which is an interviewing style where in the investigator approaches each suspect as if the person were innocent of the crime. 3. Assume a neutral position and refrain from making any statements or implications one way or the other until the suspect has disclosed some information or indication either to guilt or innocence. This is an interview style where in the investigator approaches each suspect from an emotionally detached perspective with no preconceived expectations of guilt or innocence.
Interviewer traits Page 29, 30
Investigator selected for training as professional interviewers and interrogators should fulfil certain general qualifications 1. Special personal attributes should be present. The person should be intelligent, have a good practical understanding of human nature, possess suitable personality traits, a general ability to get along well with others, patience, a high index of suspicion who looks for deceptive behavior or inconsistency, but recognizes that the majority of people tell the truth 2. Have an intense interest in the field, such as text books and articles regarding behavior analysis, psychology and psychopathology, interrogation techniques, understand how to conduct a proper interrogation, be able to explain to a judge or jury the underlying concepts, attend training seminars. 3. It is essential for the specialist to become aware of the legal rules and regulations that govern interrogation procedures and the taking of confessions from persons upon whom these interrogation tactics and techniques have proof productive
Evaluation of verbal behavior Page 71, 72
It is a tenant of human behavior that anxiety is unwelcome and undesirable. Therefore whenever possible during an interview, a suspect will engage in behaviors that reduce the level of internal anxiety experience. With respect to verbal response options, if given a choice, the guilty subject would much rather engage and evasion or omission than out right deception. The truthful suspect, who experiences no conflict or fear from his response, expresses his responses in a definite and emphatic manner
Overview of research on related behavior analysis continued
Not all research conducted in the area of behavior symptom analysis has produced such favorable results. There are a number of probable explanations accounting for the rather dismal result of these laboratory studies including: - The subjects had low levels of motivation to be believed, in the cases of innocent suspects, or to avoid detection, in the case of guilty suspects. In real life interviews, the consequences of not being believed or being detected as guilty are significant. - The interviews of the subjects were not conducted by investigators trained in interviewing criminal suspects. - The studies did not employ the type of structured interview process that is commonly utilized by investigators in the field. - In most studies there was no attempt to establish behavioral baselines for each suspect in order to identify unique behaviors within a particular individual. - The research was based on the faulty premise that there are specific behavioral symptoms that are unique to truth or deception - there was little consideration given to evaluating behaviors in context. For example, identifying whether specific nonverbal behaviors are appropriate given the verbal content of the suspects response, identifying the consistency of a suspect statement across time and with known evidence, and so on.
Clarifying the open account Page 55, 56
Once the subject has completed his response to the initial open question, the investigator should go back and ask clarifying questions. Clarifying questions are open ended questions that can be divided into three categories. - Questions designed to elicit further information within a section of an account - Questions seeking an explanation for events - Questions designed to develop information about the subjects feelings or thoughts After the investigator has asked a series of clarifying questions, the subject has volunteered all of the information that he is going to. At this point the investigator should ask direct questions to develop details of the event.
Eliciting a full response Page 52
Once the subject start responding to the initial open question, the investigator should allow him to continue with his response without asking any questions. If the investigator word to interrupt the account by asking a question, - The truthful subject might edit the account to provide what he believes the investigator wants to know - Questions may break the subjects flow of ideas and they continuity of the account, which restricts the investigators ability to evaluate the account for edited information. To encourage a full response to the initial open question, the investigator may use a technique called forced silence. After the subject pauses, they might say "all right "or "OK " followed by silence. When the response is complete, the subject will generally let the investigator know with a statement such as "And that's everything I did"
Time gap phrase Page 54
Phrases that indicate omissions in the account of an event and help direct the investigators attention to a portion of an account that requires clarification
Implied action phrase Page 54
Phrases that require the listener to make assumptions about what probably happened. "He began" "He started to " "I thought about "
Evaluation of nonverbal behavior Page 78, 79
Physically, a person has three responses to a threatening situation. - He can fight it - Flee from it - Or freeze presumably to wait for the threat to pass. The first two responses involve relieving anxiety through physical activity a freeze response, wherein the person under stress experiences a feeling of numbness and emotional detachment, is also common during an intense threat. In this situation, the mind turns the body off to focus all efforts on intellectual activity. The result is a person who communicates only on the verbal level. The true meaning of the spoken word may be amplified or modified by any one or more of many nonverbal cues, such as posture, gestures, facial expressions, and other bodily activities. Actions speak louder than words, as much as 70% of a message communicated between persons occurs at the nonverbal level.
Minimize reminders of consequences Page 21
Police paraphernalia such as handcuffs, mace, or badges should be covered or not worn at all during the interview. For safety reasons, the investigator should not be armed with a gun during the interview or interrogation of the suspect. - The walls of the interview room should not contain police memorabilia such as crime scene photographs, a display of agency patches, or certificates indicating attendance at interrogation seminars -even visible reminders of consequences can have devastating effects during an interview or interrogation.
Preparing for the interview Page 42
Prior to meeting with the suspect for the interview, the investigator should spend time familiarizing himself with dates, locations, peoples names, and the suspects background. They should be summarized on the cover sheet that an investigator can readily access. The investigator who spends time flipping through unorganized police reports leaves the suspect with the impression that the investigator is not prepared, and therefore is an easier target to lie to. Key topics of the interview should be outlined on an interview form. It is helpful to prepare an interview sheet that list specific questions or topical areas, and abbreviated form, to be covered during the interview. This interview sheet should allow sufficient space for the investigator to document, in writing, the essence of the subjects response to each question and allow enough space to add additional questions asked.
Responding to qualified responses Page 59
Qualified responses are responses that contain words or phrases that decrease the level of personal commitment or confidence within a subject response. When such qualifiers are used, the investigator should consider asking hypothetical follow-up questions to clarify the subject position. They often start with the phrase "is it possible "or "do you think that perhaps "
Investigators demeanor during an interview Page 32,33,34
Question tone: The interview questions should be asked in a conversational tone and should always be non-accusatory. It is important for the interview to maintain eye contact when asking questions, but should avoid staring at the subject because this may be interpreted as a threat. The investigator should not wear dark glasses, and should ask the subject to remove his glasses during the interview. Ask the subject to place articles such as purse, Bible, briefcase to the side. Notes: the investigator should take a written note following each response the subject offers, so the subject does not attach any significance to the investigators notetaking. The investigator should capture the key elements of the interview, in addition to the verbal response, the investigator should write down significant nonverbal behaviors. Language: in dealing with an uneducated or an unintelligent person, the investigator should use simple words and sentences. When the cesspit uses slang, the investigator should resort to using similar expressions. After catching a suspect in ally, never scold or reprimand him.
Most likely suspect Page 13
Remember that when circumstantial evidence or especially physical evidence points towards a particular person, that person is usually the one who committed the offense. This may become difficult for some investigators to appreciate when circumstantial evidence points to someone they consider highly unlikely to be the type of person who would commit such an offense. No one should be eliminated from suspicion solely because of professional status, social status, or any other comparable consideration when there exists strong circumstantial evidence of guilt.
Minimize reminders of consequences Page 21
Reminders of consequences or verbal and visible signs that reminder suspect of the possible negative effects that could result from telling the truth. The motivation for all deception is to avoid the consequences of telling the truth. -Suspects lie to escape being prosecuted, being sent to prison, and having to face family and friends with the disgrace of their behavior. As obvious as this seems, there are still investigators who remind the suspects of the seriousness of the potential charges against them, how long they will sit in prison if they are convicted, and how their friends and family will abandon them once they found out what they did. After creating these dark and grizzly descriptions of what will happen to suspects if they tell the truth, the investigator wonders why suspects are so reluctant to confess. -Clearly during an interview or especially in interrogation it is psychologically improper to mention any consequences or possible negative effects that a suspect may experience if he decides to tell the truth.
Statements for adult victims Page 44, 45,
Such statements send a clear message that the investigator accepts everything the victim says as true and can greatly increase the fabricating victims confidence in telling lies. Similarly the investigator should avoid nodding his head in agreement with the victim statements. The investigator should remain sensitive yet objective, with the goals of ascertaining the truth. Consider asking the victim, while being left alone, to write out the details of what the offender did and said. If such a written statement is obtained, it can not only be used as the basis for subsequent interview questions, but can also be analyzed for truthfulness. The investigator should not refer to the victims account as a statement or story; the former terminology has legal connotations, and the latter intimates that the victims report is made up.
Fact analysis Page 10
The ability to identify from factual information - The probable motivation for a crime - Unique access requirements - Window of time during which the crime was committed - Propensity characteristics of the person who committed the crime. Ultimately, this information is utilized in such a way as to locate possible suspects and to help identify which one probably committed the crime. Research has demonstrated that training and experience in the area of fact analysis significantly enhance a persons ability to accurately predict who is guilty or innocent of a crime.
Privacy Page 19, 20
The authors of this volume are fully aware of the practical difficulties that may be encountered in arranging for a private interview, even after the investigator is convinced of its desirability - Each investigator wants to be in on the interrogation, or at least be present when the suspect confesses, or when informer or a witness divulges valuable information - Each investigator wants to improve his efficiency rating or otherwise demonstrate his value to the department or office - The publicity in the community is considered desirable - Satisfaction to the individuals own ego All this is perfectly understandable and nothing more than normal human behavior, but it is something that must be controlled in the interest of conducting a productive interview or interrogation.
Evaluating the subjects attitude Page 69, 70
The foundation for behavior analysis is a subjects underlying attitude and demeanor. An attitude describes a predisposed expectation toward a situation or event, and, during an interview with a criminal investigator, it is based on the subjects knowledge of his guilt or innocence with respect to the issue under investigation. As soon as a subject agrees to be questioned concerning an issue under investigation, he forms an attitude toward the interview and investigator that will often reflect the subjects underlying guilt or innocence. This attitude will, in turn, affect the subject verbal, paralinguistic, and nonverbal behaviors. An attitude, as we are using the term, psychologically influences an individuals attention, perceptions, thoughts, and ideas, which in turn, are reflected in the person's behavior and emotions. This term should not be confused with personality, which consists of fairly rigid and inflexible traits that are not condition specific.
Initial assessment of the subject Page 90
The inferences an investigator draws from a subjects behavior during questioning are based upon an assumption that the subject is operating within a normal range. A range of normalcy or a normal range relative to emotional, mental, cognitive, and physical health.
Perspective Page 49
The manner in which questions are phrased during an interview can increase or decrease the value of the subjects response to the question. Some questions actually invite deception and are obviously undesirable, while others create much greater anxiety within the deceptive subject if he chooses to lie to them and are therefore more productive to ask during an interview. It is of interest to know that social learning teaches to ask questions in a delicate and sensitive manner, with the underlying assumption that the person responding will answer truthfully and volunteer the needed information. However, the witnesses, victims and suspects who an investigator interviews are not personal friends, nor do they generally experience an overwhelming desire to incriminate themselves or others. Because of this, and investigator must learn different questioning skills than those customarily used between friends and family and must give careful thought to exactly how inquiries are formulated during the course of an investigative interview.
Evaluating facial expressions and eye contact Page 83
The mere existence of variation of expressions may be suggestive of untruthfulness, where as the lack of such variation may be suggestive of truthfulness. Of all the facial expressions, one of the most difficult to evaluate is that which reveals anger. One of the most important transmitters of nonverbal behavior symptoms is the degree of eye contact the suspect maintains with the investigator. Mutual gaze, or maintained eye contact, represents openness, candor, interest.
Investigator Page 10
The person who actually conduct the interview and possible interrogation of a suspect
Perspective about guilty and innocent for this book Page 39
The words guilt and innocence are used in this book to simplify nothing more than the investigators opinion. It simply means that in his believe the suspect either committed the crime in question "guilty" or did not commit it "Innocent"
Evaluation of paralinguistic behavior Page 76, 77, 78
There are a number of speech characteristics during a subjects verbal response that can alter the meaning of the words. Based on the pitch or tone of the comment, we may know that the person does not really mean what was said. The paralinguistic channel of communication is under less conscious control than the verbal channel. Paralinguistic use may be the best source of detecting deception for a criminal investigator. 1. Response latency: the length of time between the last word of the interviewers question and the first word of the subjects response. The average latency for truthful subjects was .05 second, whereas the average latency for deceptive subject was 1.5 seconds. Because normal response latency is very with different subjects, the investigator should establish at the beginning of the interview how long it takes the subject to respond to questions such as his address, name of his employer, and the number of children he has. A common stalling tactic strategy in this regard is to repeat the interviewers question or to ask for a simply worded question to be clarified.
Assumption of a neutral position Page 31, 32
This approach obviously possesses neither the advantages nor the disadvantages of the other two approaches. For this very reason, therefore, it may be considered the best approach to use in the average situation. With a predisposed expectancy, investigators may hear and see only those behaviors that fit their expectations.
Asking an initial open question Page 50, 51
When attempting to determine what happened to the victim, a suspects alibi, or what a witness saw or heard, the investigator should elicit this information by asking an initial open question early during the interview. An open question is a question that calls for a narrative response. It is always more advantageous to have a subject omit part of the truth than to fabricate information through a lie. Developing truthful information that was omitted from the response is much easier than learning the truth from hey subjects who is committed to a lie already told. Open questions do not invite a guilty subject to lie to the investigators
Evaluating responses to open questions Page 52, 53
When relating an incident such as being the victim of a robbery or sexual assault, the truthful account almost always contains three parts. - Introduction: sets the stage for the main account - Main event - Epilogue: results of the event A fabricated account often does not contain these three segments. The deceptive subject, who does not want to lie unnecessarily, may provide an introduction and a main event that offers a very sketchy epilogue or skip the epilogue altogether. It is also suspicious when the amount of detail varies from one segment to the next.
Arranging the formal interview Page 40, 41, 42
Whenever possible, an interview should be conducted in a non-custodial environment. This condition eliminates the need to advise the suspect of his constitutional rights under Miranda. Some investigators experience consistent success when inviting a suspect to voluntarily agree to be interviewed, others do not. Clearly, the manner in which the suspect is approached will influence the investigators success.The following suggestions should be kept in mind 1. Do not tell a suspect that he is the prime suspect in the case. A guilty suspect is much more likely to agree to meet with an investigator if he believes the investigator has not already established a strong case against him. The investigator should avoid mentioning specific evidence against the suspect or contradictions in the suspects earlier statement during the initial contact. If they suspect is approached in a challenging and authoritative manner, he is unlikely to voluntarily submit to a subsequent interview 2. Bring up the interview in a casual manner that appears beneficial to the suspect. "I've been able to eliminate a number of people in this case by having them come in and talk to me. I'd like to arrange a time to meet with you as well. Could you stop by and see me tomorrow morning around nine?"