Interviews and Interrogations

Respect

- An act of giving particular attention, thoughtfulness and sympathy that exists between people. - Victims, witnesses and suspects who feel (BLANK) are more likely to be honest and share information.

Purpose of Interrogation

-An interrogation is when police formally question an in-custody suspect about their involvement in a crime.

Knowing

-The suspect was properly informed of and sufficiently aware of their Miranda Rights. -Must be communicated so the person understands them. -At a minimum, officers must read aloud Miranda warnings verbatim to suspects in custody.

How officers counteract lie bias

1.) Possess self-awareness to know lie bias exists 2.) Take an open-minded, neutral, fact-based and nonjudgmental approach

Push Through Denials

Gradually revealing evidence to identify contradictions is more effective. However, some suspects will continue to deny, even in the face of overwhelming evidence.

Non-Custodial Interrogations

Miranda warnings are not required for (BLANK) and voluntary interrogations.

Intelligent

- Means the suspect in custody must be able to understand their 5th Amendment rights and consequences associated with waiving those rights. - Factors include the suspect's age, education, and emotional stability, 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

"Scrupulously honoring" suspect's invocation

- Officers stopped interrogating immediately after suspect invoked right to silence - Officers did not pressure or coax suspect into changing his mind - Officers waited a significant period of time before re-approaching - Officers did not pressure suspect into talking upon re-approaching - Officers did not interrogate again until suspect waived his Miranda rights

Best practices for Miranda warnings

- Sit beside the suspect briefly to read warnings and encourage suspects to read along silently. This helps confirm the suspect knowingly heard and saw Miranda warnings. - Use as much time as needed to administer Miranda warnings and take necessary steps to avoid interruptions. - When recording interrogations, be sure to announce or capture the date, time, names of all people in the room and reading of Miranda warnings. - To demonstrate suspect intelligence, ask: "Do you understand these rights?" Police should delay questioning suspects who are intoxicated or under the influence of drugs. - To demonstrate suspect voluntariness, ask "Do you want to waive your rights?" Any unclear answer (e.g., "I am not sure"; etc.) requires police to take all necessary steps to ensure suspect voluntarily waives their rights. If the suspect answers "No," officers must stop the interrogation immediately. If a suspect asks, "What should I do?" remain neutral, procedurally just, and allow suspect to decide on their own. - Officers should obtain express waiver - A suspect may invoke his right to silence or counsel at any time during the interrogation. If this occurs, officers must stop the interrogation immediately. - Rapport transitioning

Rights to Silence

- Suspects may invoke their (BLANK) at any time during the interrogation. - If a suspect invokes his (BLANK), officers must stop the interrogation immediately. - Suspects must clearly invoke their (BL:ANK). - Officers should ask clarifying questions if the suspect's intent to invoke or waive his (BLANK) is unclear.

Visible signs of deception

- Time delays in answering questions - Speech hesitations (e.g., "um") and stuttering - Slower speech rate - Increased speech grammar errors - Reduced hand, arm and finger gestures and movements - Reduced blinking

General Communication Strategies

- When an interpreter is not immediately available 1.) Be patient 2.) Smile when appropriate 3.) Speak slowly and clearly 4.) Do not increase voice volume 5.) Be concise 6.) Use words with 1-2 syllables and short sentences 7.) Don't use slang English or jargon 8.) Don't use conjunctions 9.) Avoid using filler words 10.) When asked to repeat something, do so verbatim 11.) Recognize that other cultures may have different standards for touching, eye contact and personal space

Minimum interrogation details

- Officer questions and statements to include Miranda warnings. - Suspect answers and statements to include Miranda waiver (i.e., "Yes") - Critical times - Interview room size, contents, location of video camera, one-way glass, etc. - Names of all people present or watching and their location.

Dominant Techniques

1.) Accusations 2.) Coercion 3.) False Evidence 4.) Closed Questions

Detecting Deception Best Practices

1.) Increase Stakes 2.)Increase Cognitive Load

Invocation of Rights

1.) Rights to Silence 2.) Rights to Counsel

14th Amendment

Only voluntary statements are admissible in court.

Decpetion

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 be able to detect (BLANK) The average deception detection rate for trained police officers is less than fifty percent (50%).

Stress

People may confess to escape situations and circumstances that cause (BLANK).

6th Amendment

Right to counsel.

Rapport Building

Suspects participate more fully and provide more information when officers build and maintain rapport. Never make any promises that are not authorized or cannot be honored.

Obtaining Written Statements

(BLANK) from interviewee adds credibility and strengthens validity of information provided during interviews. Best Practices: 1.) Obtain written statements at the end of interview. 2.) Provide interviewee with pen and paper to write statement by hand. 3.) Remind interviewee to include dates, times, people and anything he believes is important. 4.) Provide interviewee with privacy to write statement. 5.) Review completed statement with interviewee. Any corrections require interviewee to cross out mistake then rewrite sentence and initial it. 6.) Have interviewees confirm/verify written statement with name, signature, date and time.

Neutrality

- 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 (BLANK).

Best practices to clearly establish a voluntary and non-custodial interrogation

- Do not surround person with multiple officers. - Avoid displaying weapons during questioning. - Allow person being questioned to have family or friends present. - Conduct interview in a neutral location or one familiar to person being questioned - Tell person being questioned they are "not under arrest"; "free to stop the interview at any time"; and "free to leave at any time."

Methods to increase cognitive load

- Eye contact - Use second language - Use unanticipated questions - Non-sequential story telling - Reveal evidence A strategic and gradual revealing of evidence increases (BLANK). This prevents deceptive people from creating or maintaining a consistent narrative. Statement-evidence inconsistencies are one of the strongest indicators of deception

Research on Rapport Building

- 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 suspect's overcome stress and anxiety when speaking with police. Helps conversation flow more freely and improves suspect cooperation.

2 Prongs to Miranda Analysis

1.) Custody 2.) Interrogation (Both must be present before an individual has a right to Miranda warnings.)

A suspect is likely to be in custody when:

1.) Police tell a person he "cannot leave" 2.) Police tell a person he is "under arrest" 3.) Police handcuff and transport person to another location 4.) Police tell a person to sit down, then stand or hover over person.

Victim Responses to Crime

Before asking questions needed to investigate a crime, officers should identify and manage victim emotions. The following are common victim responses to crime. 1.) Fear 2.) Panic 3.) Anger 4.) Silence 5.) Frustration 6.) 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.

Clarify Information

Officers may need to (BLANK) known prior to or provided by suspects during the interrogation.

Article 12

Right to not be compelled to accuse, or furnish evidence against self.

5th Amendment

Right to not self-incriminate or be compelled by police to testify

Express Waiver

Suspect waives rights verbally or in writing

Primary reasons why officers are not effective at detecting deception

• lie bias • overconfidence • overreliance on faulty indicators • limited use of accurate indicators

rapport

- a friendly relationship 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 (BLANK) during interviews and interrogations.

Written Statements

- 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 (BLANK) with name, signature, date and time. - Use a reliable chain of custody when submitting (BLANK) into evidence.

Rapport Building Best Practices

-Begins immediately and continues throughout the interview. 1.) Start interview or interrogation with personalized greeting. 2.) Use a friendly and non-accusatory conversation style. 3.) Before asking formal questions about the event, allow interviewee time too become accustomed to officer and surroundings. 4.) Explain interview or interrogation processes up front and follow through. 5.) Show empathy by sincerely communicating an understanding for interviewee physical and emotional needs. 6.) When appropriate, identify/emphasize shared interests, likes or dislikes. 7.) Be self-aware and flex communication style by adapting to personality of interviewee. 8.) Adjust or remove physical barriers between officer and interviewee. 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 10.) Change officers if needed - A poor first impression can be an impediment to all officers who try to speak with that person going forward.

Active Listening

-Is a combination of body language, questioning and summarizing to show interest. Officers who(BLANK) during interviews are more effective at building rapport, demonstrating respect and gathering information.

Professionalism

-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.

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. 1.) 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. 2.) Suspects who perceived their interviewing officer to be professional were more likely to confess.

Legal Standards

-The 5th Amendment and Article 12 protect against self-incrimination during interrogations. The right against self-incrimination applies whenever police subject an individual to custodial interrogation.

Interrogations

-The formal and systematic questioning of a person in-custody. - (BLANK) are planned in advance, occur at the police station -Can last for hours. -Allow officers more time to gather evidence and develop questions in advance.

Best Practices for 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 or request assistance from an experienced child interviewer.

Person Crime Victims Best Practices

1.) Address victim's medical care and need for safety first. 2.) Use PRIDES interview method 3.) Be patient and do not rush 4.) Avoid or limit sharing information provided by other sources with victim 5.) Ask victim to write down details when remembered 6.) Provide victims with social service, emergency or other person crime referral information 7.) Be responsive and keep victim informed

Property Crime Victims Best Practices

1.) Address victim's need for physical and emotional safety first 2.) Use PRIDES interview method 3.) Ask victim to forward property details immediately when discovered or obtained 4.) Provide victims with social service or other property crime referral information 5.) Be responsive and keep victim informed

Purpose of Scheduled Interview

1.) Ask follow-up Questions 2.) Verify accuracy of info 3.) Build positive relationships with citizens 4.) Determine a person's involvement or knowledge of a crime 5.) Obtain better understanding of a problem and develop solutions

Demonstrating Professionalism Best Practices

1.) Be neutral- being fair and impartial demonstrates professionalism. 2.) Be responsible- Strict adherence to legal requirements, codes of conduct and procedural justice for interviews and interrogations. 3.) Be prepared- Be organized and have needed documents and forms ready. Ensure audio and video recorders are working and bring enough supplies to write statement. 4.) Recognize Limitations- Seek assistance and use another officer with additional skills to conduct the interview/ interrogation.

Field Interview Practices: Use Time Efficiently

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.

Field Interview Practices: Report the Field Interview

1.) Date and Time 2.) Specific reason for field interview 3.) Location 4.) Interviewee contact information 5.) Interviewee description 6.) Interviewee mode of travel 7.) Questions asked by police 8.) Statements made by interviewee 9.) Request to conduct consent search 10.) Length of interview

Plan The Interrogation

1.) Define goals of interrogation 2.) Determine need to have another officer present in the room or watching remotely to assist. 3.) Identify specific information that must be obtained to meet goals of interrogation. 4.) Review all case materials, evidence and suspect's criminal history and background. 5.) Develop written list of interview questions to obtain needed information. 6.) Arrange the interview room. 7.) Test all audio and video recording devices to confirm proper operation. Use agency owned equipment to record an interrogation. (Never use personal phone or other device to record interrogation) 8.) Obtain all required forms. 9.) Secure all weapons. Remove from the interrogation room. 10.) Prepare note taking strategy. 11.) Search suspect before entering interview room.

Best 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.

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. 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.

Part 1: Factors used by courts to determine Coercion

1.) How long was the interview 2.) How many officers were present 3.) Did officers use deception, threats or promises 4.) What was the officer's conduct like during questioning 5.) What was the suspect's physical condition 6.) Was the suspect offered food, beverages or time to rest

Plan the Interview

1.) Identify purpose of interview. 2.) Identify information that needs obtained 3.) Develop questions that obtain needed information in advance and bring them to interview. 4.) When time permits, develop a written action plan and use during interview to stay on track. 5.) Be prepared to take detailed notes during interview. 6.) Determine need and value of recording interview.

Reasons Police use Interrogations

1.) Learn the truth 2.) Learn more facts 3.) Obtain a truthful confession 4.) Recover evidence or property 5.) Corroborate investigative theories 6.) Eliminate or identify other suspects

Best Practices to Clarify Information

1.) Make an initial statement that provides suspects with an open invitation to clarify or explain. 2.) Use open-ended questions to gather initial statement and clarify details 3.) Don't interrupt, even if the suspect is being untruthful. Allow suspect to answer without interrupting and identify areas for follow-up questions. 4.) Use gesturing, mirroring, echo probing, silence and other active listening techniques to encourage suspect to keep talking. 5.) Listen to suspect word choices, watch behavior and take notes. 6.) Try to obtain a confession.

Active Listening Best Practices

1.) Make consistent eye contact throughout the interview. 2.) Summarize interviewee answers and statements. 3.) Use non-verbal gestures and verbal prompts to encourage and facilitate interviewee participation. 4.) Echo Probing— During pauses, repeat the interviewee's last few words verbatim to inspire further elaboration. 5.) Mirroring— is when one person consciously/subconsciously imitates gestures, seating position or spoken words of another. 6.) Silence— Many people will speak just to avoid periods of silence. Waiting to talk can provide interviewee's with time to think and inspire further communication.

Admissibility of a defendants statement is analyzed by:

1.) 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? 2.) Due Process Analysis- Were all statements made born out of the suspects own free will?

How officers counteract overconfidence bias

1.) Possess self-awareness to know the trait exists 2.) Focus on identifying accurate indicators instead of faulty indicators.

Field Interview Purpose

1.) Prevent Crime 2.) Identify a person 3.) Begin a casual conversation 4.) Learn information unrelated to a crime 5.) Build positive relationships with citizens 6.) Learn information needed to solve a crime 7.) Determine a person's involvement in a crime when reasonable suspicion exists.

Best Practices to Push through Suspect Denials

1.) Return to 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. 5.) Use praise. 6.) Do not use dominant interview techniques and demeaning statements.

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.

Exceptions to Miranda Warnings

1.) Routine booking question exception 2.) Public Safety Exception 3.) Motor Vehicle Stops 4.) Non-Custodial Interrogations

Field Interview Practices: Location

1.) Select location that offers physical safety for officers and interviewees. 2.) Find location with limited distractions 3.) Use private location when needed

Interviewing Witnesses Best Practices

1.) Separate all witnesses immediately and interview separately 2.) Use PRIDES interview method 3.) Encourage and emphasize need for justice 4.) Avoid sharing information provided by victims, suspects or other witnesses 5.) Ask witness to forward any new information remembered immediately 6.) Thanking witnesses for their assistance can go a long way to building effective citizen relationships

Best Practices for Demonstrating Respect

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. 3.) Explain the 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 affiliation.

Best Practices to Summarize and Conclude an Interrogation

1.) Summarize the suspect's full statement. 2.) Summarize next steps and expectations for suspect. 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. 5.) Report the interrogation.

Voluntary

1.) Suspects must waive their Miranda rights voluntarily and without police coercion such as physical violence, threats or promises. 2.) 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. 3.) Police who use a combo of trickery and implied promises may coerce an innocent person to confess and prevent the Commonwealth from meeting the burden of proof for voluntariness. 4.) Minimization of crimes committed and implied assurances of leniency with a "now or never" proposition was a coerced and involuntary confession.

Research on Respect

1.) Suspects were more likely to provide information or confess to a crime if they felt the interviewing officer was treating them with respect. 2.) Inmates convicted of murder and other sexual offense were more likely to confess if they felt respected. 3.) 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.

Best Practices to Demonstrate Neutrality

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. 3.) Recognize and manage biases in self and interviewee. 4.) Avoid leading questions. Can distort interviewee's perception or memory. 5.) Do not use dominant techniques. These produce more denials, refusals, false statements and confessions.

Scheduled Interview Best Practices

1.) Use PRIDES 2.) Separate and prioritize 3.) Location- Effective locations are free from distractions and provide safe environment to build and maintain rapport. 4.) Prepare- Provide interviews with time to research agency reports, criminal records and other sources beforehand. Gives you potential avenues for rapport and to develop questions. 5.) Report the Scheduled Interview

Field Interview Best Practices

1.) Use PRIDES 2.) Separate and prioritize witnesses, victims and suspects 3.) Location 4.) Use time effectively 5.) Report the field interview

Best Practices to Listen during Interrogations

1.) Use silence 2.) Use active listening techniques 3.) Use closed-ended questions to clarify suspect statements 4.) Take notes and develop follow-up questions when needed.

Courts considerations to determine if a person is in custody at the time of their statement?

1.) Where did questioning take place 2.) Did police communicate or convey to person being questioned that they are a suspect 3.) How long was the interview 4.) What type of questions did police ask 5.) Did officers use an aggressive or informal interview methodology 6.) Was the person free to leave interview location or ask police to leave

Best Practices for Reporting Scheduled Interview

1.) Written Statements 2.) Reason for Scheduled Interview 3.) How person arrived at interview (by police or by themselves) 4.) Date and time 5.) Location (room size, open/closed access room, door locked/opened) 6.) Interviewee (Standard personal information, physical/emotional state, use of meds, cognitive limitations.) 7.) Questions asked by police 8.) Statements made including answers to police questions 9.) Length of interview

Voluntariness

14th Amendment Due Process clause requires any incriminating statement made voluntarily. The (BLANK) requirement applies to all defendant's statements, regardless of whether the statements resulted in custodial interrogation. The question of whether a defendant's statements were voluntary is an entirely separate inquiry from Miranda warnings. In other words, an involuntary statement is inadmissible even if the defendant waived his Miranda rights. A court may hold that, even though defendant waived his Miranda rights under the 5th Amendment, his statement should be suppressed on Due Process grounds if it was involuntary. 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, if court is in session while a defendant is detained by police, a delay of more than six (6) hours is unreasonable. If the arrestee's statement is obtained outside of this six-hour ("safe harbor") rule, it will be suppressed as involuntary even if arrestee waived his Miranda rights before making the statement.

Field Interviews

A brief interaction where police officers talk with and ask people questions to learn information. (BLANK) are used to learn basic and real-time information about people, places and events. Used to make small talk with citizens, conduct voluntary encounters, make neighborhood canvasses or conduct investigative stops

Scheduled Interview

A planned and formal interaction where police officers ask witnesses, victims, potential suspects or citizens in-depth questions. With regard to suspects, scheduled interviews are non-custodial. (BLANK) are planned in advance because of circumstance or interviewee needs. They give officers more time to plan ahead, gather background information and develop questions in advance. Last more than 30 minutes and officer questions are non-accusatory.

Using Interpreters

All custodial interrogations of non-English speaking persons that use an interpreter must be recorded. 1.) Instruct interpreters to translate statements verbatim and avoid any communication unrelated to the event at hand. 2.) Talk in 2-3 sentence increments to allow interpreter time to translate. 3.) Sit or stand in front of the LEP person and talk directly to them, not the interpreter 4.) Do not use the suspect's children or other family members to translate

4th Amendment

Any statement made during an unlawful seizure is inadmissible.

Closed questions

Asking questions designed to intentionally limit and force people to give answers that fit an officer-supplied narrative generates distrust.

Custody

Because Miranda warning are only required when a person is being interrogated while in (BLANK), it is critical for police officers to determine the precise moment a suspect is in (BLANK). A person is in custody after being formally arrested or when their freedom of movement is restrained to the extent associated with a formal arrest

Open-Ended Questions

Can produce more accurate information because they allow interviewees to take control of the conversation and communicate freely. Helps build rapport. 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 - Identify what interviewee considers important or a priority - Generate more in-depth and detailed information - Gather unsolicited information - 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.

Interviewing Non-English-Speaking People

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.

Summarize

Concluding an interrogation in a positive and professional manner maintains rapport and makes it easier to re- approach suspects later if needed. (BLANK) also allows officers to take ownership of the case, demonstrate follow through and give suspects time to think about what has been discussed.

Summarize

Concluding interview in a positive and professional manner maintains rapport and makes it easier to re-contact interviewee if needed. Tasks for Summarizing: 1.) Summarize purpose of interview and next steps, if any. 2.) Leave interviewee with open invitation to re-contact. 3.) Give interviewee the "last word" by asking them if they have any final questions. 4.) End interview with a sincere "thank you" 5.) Complete and submit official report detailing interview.

False evidence

Discussing or showing interviewees (BLANK) can lead to motions to suppress, damage officer's credibility and generate distrust, especially when interviewee knows the evidence is (BLANK).

Listen and Look

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.

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. (BLANK) questions are restricted to the general arrest process

Interviewing Victims

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 needs with officer's need to obtain information.

Accusations

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

Faulty Indicators of Decpetion

Fictional movies, television programs, and even some police training courses can falsely lead people to believe that specific body language or verbal cues automatically indicate deception. Behavior-based deception detection may be good for television, but research consistently shows that it is impossible to conclude deception from behavioral cues. Overall, research suggests that officers who focus primarily on behavior deception cues are less likely to distinguish truth from lies. A.) "There are no unique behavior indicators for lying. B.) General cues frequently cited as indicators of deception have been proven unreliable. C.) Focusing on behavioral cues decreases ability to accurately detect truth and lies."

Question Spacing

Give interviewee time to answer each question fully at their own pace. Do not rush them to finish an answer or ask questions in a 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.

Identify Contradictions

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 (BLANK) also increases cognitive demand for suspects which makes it harder for them to keep lies straight."

Identifying 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 a photo identification and use closed-ended questions to obtain the following information: - Full Name - Date of Birth - Home Address - Telephone Number

Re-approach by police

If a suspect invokes his right to silence (only), police may (BLANK) if they "scrupulously honor" the suspect's invocation and wait a "significant period of time." 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 (BLANK)

Re-approach by suspect

If suspects invoke their right to silence (only) during interrogation, police may question again, but only if the suspect initiates contact and tells officers that he wants to talk If the suspect re-approaches officers after invoking his right to silence, and wants to talk, officers must still meet the following legal standards: - Contact must be initiated entirely by suspect - Suspect's decision to make contact and re-approach must have been made freely - Suspect must indicate intent to talk about material facts of involved case - Suspect must waive Miranda rights if still in custody

True confessions

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

False confessions

In rare circumstances, the person who confesses is not the person responsible. "Twenty-five percent (25%) of wrongful convictions include (BLANK)" and "(BLANK) are typically motivated by stress and gain." Interviewee age and emotional disability are also common factors for (BLANK).

Develop Information

Information is (BLANK) by asking questions, watching behavior and listening 1.) Use open-ended questions to gather initial facts 2.) 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. 3.) Use gesturing, mirroring, echo probing, silence and other active listening techniques to encourage interviewee communication. 4.) Watch interviewee behavior and listen to word choices. Effective officers are self-aware and flex their communication style to personality of interviewee. 5.) Take detailed notes on interviewee answers and relevant behaviors.

Interview v. interrogation

Interrogations have different legal standards than interviews. The 5th Amendment to the U.S. Constitution provides individual protections from self-incrimination during custodial interrogations. Because information obtained during an interrogation can be vital to criminal prosecution, officers must follow legal standards and possess effective interviewing skills.

Miranda Warnings

Miranda needs to be administered in all cases where there is custody and interrogations. Officers must provide Miranda to assure the individual's right to choose between speech and silence remains unfettered throughout the interrogation process.

Miranda Rights

Miranda requires suspects to knowingly, intelligently and voluntarily participate in interrogations. Explaining the Miranda process to suspects helps build rapport, demonstrates respect and neutrality, and conveys officer professionalism. The interrogation begins when officers ask a person in custody specific questions about his involvement in a crime. To protect the civil rights of suspects in custody and ensure incriminating statements are admissible, officers must administer Miranda warnings prior to beginning questioning. 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 if court is in session while a defendant is detained by police, a delay of more than 6 hours is unreasonable.

Evaluate Information

Officers must (BLANK) provided during the interview. This is accomplished by reviewing and asking follow-up questions. 1.) Review statements and provide interviewee with opportunity to elaborate or clarify. 2.) Use closed-ended questions to confirm statements and pursue areas identified for follow-up. 3.) Use open-ended questions when more detail and elaboration is needed. Avoid leading questions. 4.) Obtain written statements

Factors that determine voluntariness

Part 1: The suspect must not be coerced into making the statement Part 2: The suspect must be rational when the statement was made.

Guilt

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

Gain

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

PRIDES

Plan the Interview Rapport Building Identify People Develop Information Evaluate Information Summarize

Miranda Waiver

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. For a Miranda waiver to be valid, it must be knowing, intelligent and voluntary.

Public Safety Exception

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 "(BLANK)," police questions must be limited to those reasonably necessary to obtain information about protecting life. The (BLANK) 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.

Lie Bias

Police officers are more likely to detect lies and far less likely to detect truth. This suggests that officers take a skeptical approach to interviews and interrogations by assuming the interviewee is lying. (BLANK) has the potential to distort officer perceptions of witnesses, victims and suspects alike. Preconceived beliefs in a suspect's guilt on the part of an interrogator leads to more false confessions. (BLANK) can damage rapport building and prevent officers from believing true and important information.

Interviewing Children

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. 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 or request assistance from an experienced child interviewer.

Closed-Ended Questions

Restrict answers to pre-defined choices which may also limit the amount of information obtained Used to : - Gather basic information - Identify shared interests, likes or dislikes with interviewee (i.e., build rapport), but be genuine. - 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. - Confirm or clarify answers to open-ended questions. - Ask direct questions to determine conduct or knowledge.

Signs of deception

Signs of cognitive effort do not always indicate deception. Deceptive people tend to show more signs of cognitive load than people who tell the truth. Intentionally increasing cognitive load on a deceptive person forces their body to choose which tasks to complete

Accurate Indicators of Deception

Statements that are vague, overly chronological and inconsistent with evidence are more accurate indicators of deception 1.) False statements are highly organized because it is easier to remember a lie when presented chronologically. Deceptive people use and stick with a rigid flow to communicate false information:; True statements are more detailed and scattered throughout a stream of consciousness. 2.) Deceptive people avoid questions by being vague or providing partial information about their activities:; Truthful people are forthcoming with specific details and eager to elaborate when asked. 3.) Deceptive people provide statements that are inconsistent with the evidence:; Statement-evidence inconsistencies are one of the strongest indicators of deception 4.) Deceptive people provide unnecessary elaboration to simple "yes" or "no" questions. 5.) Verbal cues- The presence of specific verbal cues does not automatically indicate deception. 6.) Body Language- Again, there is not a single unique body language cue to indicate deception. More accurate body language indicators appear simultaneously with, or in close proximity to false statements.

Implied Waiver

Suspects conduct implies an intent or desire to waive their rights

Rights to Counsel

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. 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

Motor Vehicle Stops

The average, reasonable motorist understands they are not under arrest for ordinary traffic violations and therefore are not in custody under the 5th Amendment. A Miranda waiver is not required prior to or during preliminary police questioning associated with field sobriety tests.

Evidence Collection

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.

Part 2: Rational

To be considered "voluntary," a suspect's statement also must be the "product of a (BLANK) intellect." At the time the statement was made, the speaker must have been capable of appreciating the consequences of his statement. Police should delay interrogating suspects who are not calm and (BLANK). A statement may be irrational - and therefore inadmissible - where it is born primarily out of: - mental illness - alcohol or drug intoxication - injury - distraught mental state With respect to intoxication, evidence of drug or alcohol use or withdrawal alone does not render a confession involuntary Police should delay interrogating suspects who are not calm and (BLANK).

Questioning

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

Normalize Honesty

True 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.

Coercion

Using physical force, making threats, conducting unreasonably long interviews or engaging in inappropriate psychological manipulation.

Rapport Building

Victims, witnesses and suspects participate more fully and provide more information when officers build and maintain rapport. Effective (BLANK) begins immediately and continues throughout the interview. When needed use officer safety tactics.

Overconfidence

When it comes to detecting deception, interviewer confidence scores are much higher than their accuracy rates, and there is no significant relationship between confidence and accuracy. In other words, individual officer confidence in their deception detection skills does not translate into detecting deception with accuracy.

Increase cognitive load

the total amount of mental effort being used by a person in his working memory. Working memory has a relatively small, finite capacity, and attempting to balance multiple complex tasks can cause overload. When this occurs, a person's body must compensate by limiting its ability to complete tasks. Lying is mentally demanding and may require extra cognitive effort." A deceptive person must suppress true information, remember false information, monitor their own behavior and assess their interviewer's reactions. These actions require a significant amount of cognitive effort, and the brain can only efficiently engage few functions simultaneously.

Increase stakes

to identify the risks and consequences associated with untruthfulness. For example, a high-stakes lie can have significant positive consequences if successful and significant negative consequences for not being believed. High-stakes lies are easier to detect than a low-stake (i.e., "white") lie. To (BLANK), officers should fully explain allegations or seriousness of the event to interviewee. - For victims and witnesses, increase the stakes during the Rapport phase of PRIDES. - For suspects, increase the stakes during the Normalize phase of PRINCIPLES. increases interviewee risks. This may lead to changes in behavior. "For example, a reduction in hand movements may be magnified when the level of risk is increased." Therefore, after (BLANK), officers need to listen and watch carefully.

PRINCIPLES Interrogation Method

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

Officers may conduct a custodial interrogation with suspects who invoke a right to counsel, IF:

• The suspect's lawyer is physically present • The suspect initiates communication; OR • There has been a 14-day break in custody