STUDY UNIT 1: Investigative interviewing

The process of detecting deception:

Build rapport. Determine truthful behaviour (the norm). Look for changes from the norm when The discussion becomes relevant to the investigation Critical questions are asked

Communication development path

1 Clichéd conversation 2 Reports, facts 3 Ideas, judgements 4 Feelings 5 Personal, intimate

Activity 1.4 1. What are the main differences between a forensic interview and interrogation? 2. As an investigator, what skills do you think you will need to do successful interviews and interrogations?

1. The main diff erences are as follows: Interviewing To obtain information Interrogation To obtain a confession or information that can assist in investigation. 2. Listening, note taking

Statements tend to be evenly proportioned in three parts. These parts are the following:

1st part - Th is is the part that covers the events prior to the incident. It places the incident (what the witness is testifying about) in context. The first part covers roughly one-third of the total statement. 2nd part - Th is part describes the incident (main occurrence). It also covers about one-third of the total statement. 3rd part - This covers the events after the incident. It mainly deals with actions and emotions associated with the incident and it also covers about a one-third of the total statement. The more balanced the statement, the greater the probability that the statement is true.

Establishing rapport

= Face the interviewee = Make eye contact = Address the witness/suspect by his/her name = Personal space = Positive head nodding

There are a number of useful hints that you can consider when conducting an interrogation:

= Never make any promise to the suspect that you cannot keep- As the investigator, you are not in a legal position to make any promises, for example telling the suspect that they would not be arrested if they confess. = Do not threaten the suspect - For example, do not threaten to oppose bail if the suspect does not confess. = Do not lose your temper - Losing your temper can cause evidence to be ruled as inadmissible as a result of undue influence on the suspect.

When conducting basic statement analysis, you look at 4 of components

= Parts of speech include pronouns, and verbs = Extraneous information refers to information that is irrelevant or unrelated to the topic under discussion. = Lack of conviction is a term used to describe a witness who uses certain phrases to avoid commitment. = Proportion of statements

Nevertheless, a surprising number of suspects do confess their crimes. So what makes them do so? A number of reasons exist, including the following:

= Psychological reasons = A suspect wants to obtain first-hand information about the investigation and where it is heading = A combination of paranoia and curiosity = Someone is willing to listen and try to understand

STEP 2 - Reading of rights of interrogation

= This step in the process differs from when you interview a witness. It is a legal requirement for a police official to warn a person that he/she is a suspect in an investigation. =The rights that you must inform the suspect of include: - the right to remain silent and to be informed of the consequences of not remaining silent, - the right not to be compelled to make any confession or admission that could be used as evidence against them, and - the right to choose and be represented by an attorney.

STEP 1 - Introduction of interrogation

= sets the tone for the interrogation. = be professional = have an aura of self-confidence and skill. = introduce yourself and state your reason for being there.

STEP 5 - Verification:

After a witness has answered all your questions, you have to review the information he/ she has provided to ensure that you have captured it correctly (note taking) and that there is a mutual understanding between you and the witness regarding the meaning of words and phrases he/she used. You can also use this opportunity to take more detailed notes.

Activity 1.2 Describe the ideal environment for you to conduct a witness and or suspect interview. Your answer should focus on the management of external barriers.

External barriers usually pose the biggest threat to effective communication with a witness or suspect. An example of an external barrier is noise infuencing an interview. Therefore close the door and put up a sign outside: "Do not disturb, interview in progress." Also request your colleagues not to interrupt you.

Activity 1.1 Where should you, as a private/corporate investigator, conduct your interviews and interrogations?

In the private/corporate investigation environment, interviews and interrogations are usually conducted at a locality where an investigation takes place.

STEP 3 - Rapport building of interrogation

It is important to note that there are different techniques for continuing an interrogation. Th e circumstances of each case, your experience as an interrogator and the personality of the suspect are some of the factors that may influence the techniques used or the strategy applied. = You have to be convincing when presenting evidence = After presenting the evidence, you must observe the reaction of the suspect.

interrogation {Differences and similarities between interviewing and interrogation}

Objective: Obtain a confession or information that can assist in the investigation Structure: Highly structured Note taking: Yes

Interviewing {Differences and similarities between interviewing and interrogation}

Objective: Obtain information Structure: Highly structured Note taking: Yes

STEP 9 - Critique:

Once the interview has been concluded, you have to run through it mentally, step by step. Th is will help you to learn from your mistakes and also to put the interview into perspective. When conducting an interview, there are generally a few important questions to consider: = What is the message the interviewee wants to convey? = How does the interviewee know the information conveyed? = What did the interviewee leave out?

Activity 1.5 Analyse the statement below by applying the techniques discussed above. Follow the steps to assist you in the analysis: Pronouns - circle missing pronouns. Verbs - underline all changes in verb tense. Extraneous information - highlight information that does not answer the question of what happened. Lack of conviction - bracket words that indicate a lack of conviction. Balance of statement - divide the statement into before, during and after. Check if the parts are more or less balanced. Practical exercise It happened on Friday night. I was out visiting a friend who invited me to his house earlier that day. I returned home at approximately eleven o'clock. I stopped at the gate and unlocked it. I then parked in front of my garage and got out of the car. I am a person who is very observant of my surroundings and careful when I drive into my premises. I was a police official for a number of years. A man runs from the shadows and sticks what I believe to be a gun into my face. To the best of my knowledge, he was a tall, well-built man. He comes out of nowhere and grabbed my car keys. He tells me to lie down and drives off with my car. That is what happened.

Remember that you not need be a communication or language expert to be proficient in statement analysis. Even if you miss a part of a sentence, for example a verb, you can still analyse a statement successfully. Look for the norm and spot deviations from it.

The interrogation consists of the following steps:

STEP 1 - Introduction: STEP 2 - Reading of rights STEP 3 - Rapport building:

The interview process

STEP 1 - Preparation STEP 2 - Introduction STEP 3 - Rapport building STEP 4 - Questions STEP 5 - Verification Step 6 - Catch-all question STEP 7 - Statement STEP 8 - Departure STEP 9 - Critique

STEP 4 - Questions:

Start with open-ended questions. An example of such a question is: What happened? Follow up on this question with a period of active listening. Remember: you must not only listen - you must actually hear. Only after the full story has been told in narrative form (the witness tells you the whole story without interruption), should you ask specifi c questions. Base these questions on missing elements in the interviewee's statement and include questions that you formulated beforehand.

STEP 1 - Preparation:

Th is is the initial step in the interviewing process. In this step, all available information regarding the case being investigated and the persons to be interviewed is obtained. This includes case facts, formal records, background information and relevant legislation. You must know the witness's name, his/her basic particulars, and details of the case and the elements of the crime being investigated.

STEP 8 - Departure:

The departure is just as important as the introduction. It makes a positive impression on a witness and leaves the way open for further contact. Although it was only a theatrical device, the well-known television detective Colombo always left the suspect with a thought-provoking question/comment just before his departure, thus creating suspense with the suspect (and the television audience). Experienced investigators always conduct their interviews with the greatest of patience, causing the suspect to believe that "the hound is on the blood trail". According to a RSG interview news bulletin dated 17 February 2009, a similar tactic led a 23-year-old mother from KwaZulu-Natal to hand herself over to the SAPS after throwing her infant baby from a bridge, as she could no longer tolerate the guilt she felt.

STEP 2 - Introduction:

The introduction sets the tone for the interview to follow. You must be professional and convey an air of self-confidence and skill. Self-confidence stems from knowing your subject matter, having the ability to apply that knowledge and actually doing so. Th ere is only one way to develop self-confidence: Practice.

Objective of interrogation

The main objective of an interrogation is to obtain a confession from the suspect, or alternatively, uncover information which could assist you in the investigation or provide a possible suspect with the opportunity to prove his/her innocence.

Objective of interviewing

The main objective of an interview is to obtain information from the person being interviewed. Sometimes information may be incorrect or untrue. As an investigator, you must determine what is truthful and what is not. A number of lawful techniques and examination methods exist to assist you in this regard.

STEP 3 - Rapport building:

When establishing rapport, you have to create a basis of respect and a psychological situation that influences and encourages the witness to cooperate and be truthful. In this step you engage in clichéd conversation. Remove obstacles, face the interviewee, make eye contact, nod your head encouragingly and match facial expressions.

STEP 7 - Statement:

When the above mentioned steps have been completed, you have to obtain a statement from the witness. Th e witness may also provide you with his/her own written statement. Th is is often done when you have reason to believe that the witness may be lying or could be involved in the incident being investigated. A statement written by the witness provides the best form of an OPV (pure version) and can be used for analysis purposes.

Step 6 - Catch-all question:

You ask this type of question to ensure that everything has been covered. Asking this question provides the interviewee with an opportunity to run through his/her statement mentally. Th e catch-all questions may be asked in a positive manner, for example: "What have I forgotten to ask?" or in a decisive manner: "What have you not told me?"