CHAPTER F Flashcards
- What is an interrogation.
- What is an interrogations purpose.
- Who is an interrogation different from an interview
- The systematic questioning of a person suspected of involvement in a crime.
- It’s purpose is to obtain a confession.
- An interrogation is ACCUSATORY.
- What is an interview
- What is taken and what is reviewed
- What is the difference between an interview and an interrogation.
- A formal conversation conducted for the purpose of obtaining information.
- Notes are taken and major points are reviewed.
- An interview is NONACCUSATORY.
- In what type of environment should an interview take place.
- Where would a good place for an interview be
- At A location where the subject is mentally relaxed.
2. In the subjects own home or place of business.
- What considerations should be observed by the investigator during the interview.
- Develop a plan of action.
- Conduct the interview in private.
- Place the interviewee at ease
- Be a good listener.
- Ask the right questions.
- Don’t dispute the subjects answers.
- Maintain control of the interview
- Take brief notes.
- Adjourn the interview properly.
- What type of questions should an investigator ask
- Why.
- What type of questions should an investigator avoid asking
- Open ended questions
- It forces the person to relate in his own words what happened
- Close ended questions that require yes or no answers. , avoid asking loaded questions , avoid asking leading questions that contain the answer
- When taking brief notes what should an investigator avoid during the interview
- What astound the investigator never loose
- Avoid interruptions by taking too Many notes.
2. Eye contact
- What are the goals of the interrogation. 5
- Learn the Truth of a crime and how it happened
- Obtain an admission of guilt
- Obtain all facts to determine the method of operation and the circumstances of the crime
- To gather information that enables investigators to arrive at logical conclusions.
- To provide information for use by prosecutors in possible court action
- What is the interrogation designed to do
- Match information with a particular suspect to secure a confession.
- What is the most influential type of evidence in court
The confession
- What types of police conduct will cause a confession to be inadmissible in court. 5
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- Confessions under coercion
- Duress
- Physical constraint.
- Unreasonable delay in arraignment
- Refusing legal council during interrogation
- What is coercion
- The use or threat of use of illegal physical methods to induce a suspect to make an admission or confession
- What is duress
- The imposition of restrictions on physical behavior , such as prolonged interrogations and depriving of water , food , or sleep.
- What are some tactics that have been used on a suspect by an investigator to coerce a confession
- Fear tactics.
- Direct threats
- Intimidation
- Physical abuse
- What are some methods used by investigators that are the blame of getting a false confession. 5
- What are these types of confessions referred to as
- Deception
- Fear tactics
- Unreasonably long interviews
- Sleep or food deprivation
- Exaggerating or minimizing the crime
- COERCED COMPLAINT CONFESSIONS
- What is the most brutal and unconstitutional way to obtain a confession
- Physical abuse
- What Methods by an investigator have been considered helpful and sometimes necessary to obtain info. Instead of using abuse 3
- Deception
- Trickery
- Other psychological tactics
- What other technique can lead to false confessions
- What is maximization
- Obtaining a false confession this way is Called what
- Maximization
- The exaggeration of available evidence. Falsely telling subjects they did it and they know the suspect is guilty
- Coerced internalization
- What is coerced internalization
- When a suggestible and highly confused suspect actually begins to believe he committed the crime
- What does the due process clause of the 14th amendment state
- That a person after being charged with a crime must be taken before an arraignment before the nearest available magistrate without delay
- What annendnent is the right to an attorney
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- The 6th amendment
- In addition to police reading a Suspect his rights. What else must also be done by the suspect.
- The suspect must also agree, freely and voluntarily , to waive his rights before police can begin questioning him
- When can a suspect invoke his right to stop answering questions during an interrogation
- At any time
- Must Miranda rights be given in precise order.
- Must Miranda rights use precise wording.
- What happens after a suspect requests an attorney.
- What is this know as
- No.
- No
- All police questioning must stop
- The bright line rule
- After a suspect requests an attorney. And questioning has discontinued. When may police begin questing the suspect again. 2
- When the suspects attorney arrives and is present. Or
2. The suspect initiated contact with the officers.
- Who is exempt from giving Miranda warnings.
2. When is the only time Miranda warnings aren’t required
- Probation officers need not read Miranda warnings to clients.
- During the issuance of traffic citations
- What is the one exception to the Miranda warnings.
2. Example
- The public safety exception
2. Police chase man with a gun. Arrest him but can’t find gun. Are allowed to ask what he did with the gun
- When do Miranda warnings apply
- And applies only to
- When does Miranda not apply
- What is considered a custodial interrogation 2
- Only when testimonial evidence is being sought
- Custodial interrogations
- When a person is free to leave
- When a suspect is arrested. Or when a persons liberty is restricted to a degree associated with arrest.
- Example of when Miranda warnings do not need to be given
- Police go to a suspects home and he is questioned in a relaxed atmosphere at his own residence.
- Example of when a Miranda warning MUST be given
- If a suspect is approached in his own home by officers possessing an arrest warrant.
- What is the test as to weather or not Miranda warnings should be given during an interview.
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- Whether or not the interview is custodial
- In addition to the manner in which the investigator treats the suspect. It’s also important to consider what.
- Because of pressure from Peers and family members who might be present at the scene. Where should the interrogation take place
- The physical surroundings where the questioning occurs.
- The suspect should be removed from familiar surroundings and taken to a location with a more sterile and less threatening atmosphere.
- What is a key psychological factor to a successful interrogation
- Why.
- How should the surrounding of the interrogation be
- What should the interrogation room look like.
What should it not look like
- Privacy
- It encourages the suspect to feel comfortable in unloading the burden of guilt.
- The surroundings should reduce fear and encourage the suspect to discuss his role in the crime
- The interrogation room should reflect s more business like atmosphere then a police like environment
- Where should the interrogation be
- And how should it be set up and include 3
- What should it not include
- It should be isolated from the rest of office activity and away from noise and the sound of police radios, sirens, and intercoms and other interruptions
- Well lit but not glaring
- Furnishing should be minimal.
- Include chairs, pencil and paper.
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- Preferably not include a desk.
- Not include distracting decorations
- During an interrogation what should the investigators view of the suspect be.
- It shouldn’t be obstructed by what 2
- What should u have a full view
- The investigator should have a full view of the suspects body.
- Shouldn’t be blocked by tables , desks or other obstacles.
- Because nonverbal behavior can exist.
- Where does a large portion of nonverbal behavior Emanate from on a suspect.
- Not just from what
- What will Deceivers usually do
- The lower body.
- Not just from the hands and face.
- Place bulk items in front if the. To block view.
- How many investigators should handle an interrogation.
2. What does each do
- 2 investigators.
- One to handle interrogation.
And one to act as a witness to statements made by the suspect
- What are the 5 most common interrogation styles
- Logical style
- Sympathetic style
- Indifferent style
- Face saving style
- Egotistical style.
- What factors determine the style used for an interrogation 3
- Personality of the suspect
- Personality of the interrogator
- Nature of the case
- What is the logical style technique
- In a case when the evidence is overwhelming. An investigator will appeal to a persons logic. That an admission may lesson the degree of sentence
- What is the sympathetic style
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- If the investigator thinks that the person is easily affected by emotional appeal. Use a low Tone and include expressions of concern and understanding of the suspect. make the person feel self pity and admit guilt as a relief
- What is the indifferent style
- The investigator acts as if he doesn’t care if the suspect cooperates or not. The investigator acts as if he would rather see the suspect punished by the court
- What is the face saving technique
- The investigator attempts to give the suspect a way out that will justify his participation in his the crime. Rationalizes the suspects actions, describes the as natural
- What is the egotistical style.
- Plays on a suspects sense of pride and precision in the commission of the crime. Points out how difficult the crime was to accomplish and took planning and intelligence
- What does research show on EYE BEHAVIOR as an indicator of someone lying
- Scientific data has shown that there is NO CORRELATION between eye behavior and lying. And eye behavior cannot gauge truthfulness
- What is not leakage
- When clues to deception that will appear when a person is motivated to lie due to facing consequences
- What are the 4 nonverbal channels to gauge when a person is lying
- What is a 5th possible indicator
- Facial expressions.
- Gestures and body language.
- Voice.
- Verbal style
- Actual words spoken ( verbal statements )
- What is the greatest indicator of lying and the biggest window into the soul because it cannot be controlled
- Facial expressions of emotion
- What have studies shown about lying indicators.
- There is no one indicator that a person is lying
- What is important to do when interrogating a suspect to detect lying
- Observe, catalog , and differentiate human behavior
- What changes most of the time when a person lies
- What will also increase when a person is lying 2
- What else will a person do when lying on a question
- What will a liar always attempt to do to an investigator
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- Vocal changes occur
- Speech rate and voice pitch will increase
- The suspect will stall before giving an answer. To give time to decide if he should lie or tell the truth
- To con him
- What answers to questions might a suspect who is lying give to an investigator. 3
- I can’t remember.
- Can u repeat the question.
- I don’t understand the question
- When suspects lie. What do the often use.
- Example
- When a suspect lies what else will they try to do
- Example
- They will use specifics.
- I don’t even own a gun
- Make an issue out of trivial things.
- Complain about how the government treats him
- Other lying techniques include
- Suspect tries to confuse the interviewer about trivial points.
- Suspect begins debating with investigator.
- Loophole lying. - I don’t remember
- The you don’t understand
- Reasons why an innocent person would confess.
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- Duress
- Coercion
- Intoxication
- Diminished capacity
- Mental impairment
- Ignorance of the law
- Fear of violence
- Actual harm
- The threat of a harsh sentence
- Misunderstanding the situation.
- What does research show about most guilty people who confess
- Before a suspect confesses. What do they need to be convinced of by the investigator.
- When do suspects also confess.
- When Else do suspects confess
- What does the confessing want to know before they confess
- That they were looking for the proper opening during the interrogation to communicate their guilt.
- That the investigator is willing to listen to to all the circumstances surrounding the crime
- When they believe cooperation is their best course of action
- When the investigator is able to speculate correctly on why crimes were committed
- That the interrogator will believe what they have to say and will understand their motivation to commit the crime
The difference between admission and confession.
- What is admission.
- A self incriminating statement made by the suspect that falls short of an acknowledgement of guilt. They acknowledge certain facts from which guilt can be inferred
- What is a confession.
- Direct acknowledgement by a suspect of his own guilt in the comission of a crime.
- What police practice during an interrogation can help safeguard against false confessions
- What must be fine for this tactic to be effective.
- The recording of the interrogation process.
2. The entire custodial interrogation must be recorded.
- What is an effective police interview technique.
- The cognitive interview.
- What is the cognitive interview technique
- What is the goal of a cognitive interview
- What is the objective.
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- A method of interviewing in which eyewitnesses and victims report what they remember from a crime scene. Information is gained from witnesses and victims. Not by obtaining confessions from a suspect
- To ask as few questions as possible so that the witness gives you a long narrative response that contains much more info then a traditional interview question would
- To elicit information. Not extract it
- What are the two types of cognitive interview techniques
- The think aloud interview technique
2. And the verbal probing technique
- What is the think aloud technique
2. What is a disadvantage of this technique
- Technique where subjects are encouraged to think aloud when answering a question. Investigator just says tell me what ur thinking
- It’s easy for the subject to loose focus
- What is the verbal probing technique
2. What is one advantage
- Technique where after the interviewer asks a question and gets a response. He asks more questions about that specific answer given to probe out more information.
- The investigator can control the interview
- Since the subject will provide much more info then what is needed what just the investigator do
- What info does the investigator need in the statement
- The investigator will have to decide what information he needs for preparation of the statement
- The elements of the charge or information related to the investigation and
- Any details of extenuating circumstances or explanations offered by the suspect that might be grounds for additional inquiry.
- How should the statement be written by the detective. 2
- In the same phrases that were used by the suspect
2. And only pertain to one crime
- The interrogator and suspect sign the statement. And how many witnesses also sign the statement.
- Only 2
- What does the polygraph measure
- What does the polygraph not detect
- What does a polygraph test rely on
- When is a polygraph always accepted as evidence
- Whether or not a person is being deceptive
- It doesn’t detect lies
- The polygraph examiners ability to to interpret the results accurately
- When all parties stipulate To it before the test is administered
- PHYSICAL CHARACTERISTICS OF OF THE HEAD.
- HEAD TILTED
- HEAD JUTING FORWARD
- CHIN ON CHEST.
- HEAD TILTED-INTERESTED , PROBABLY TRUTHFUL.
- HEAD JUTING FORWARD: AGGRESSIVE, ANGRY
- CHIN ON CHEST: DEPRESSED , BORED, PROBABLY LYING.
- PHYSICAL CHARACTERISTICS OF THE EYES.
- EYES BREAK CONTACT
- EYES LOOK AT CEILING
- PUPILS FULLY DIALATED
- CLOSES EYES
- NARROWED EYES
- RAPID BLINKING.
- BREAKS EYE CONTACT: PROBABLY LYING
- LOOKS A CEILING: JUST DECIDED TO CONFESS
- PUPILS FULLY DIALATED: PROBABLY LYING
- CLOSES EYES: PROBABLY LYING
- NARROWED EYES: LOOKING FOR TROUBLE
- RAPID BLINKING: PROBABLY LYING.
- CHARACTERISTICS OF THE LEGS:
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- MEN WITH CROSSED LEGS ARE PROBABLY LYING.
- CHARACTERISTICS OF THE EYEBROWS
- BOTH BROWS RAISED WITH MOUTH OPEN
- ONE EYEBROW RAISED
- EYEBROWS SQUEEZED TOGETHER AND LOWERED.
- BOTH EYEBROWS RAISED WITH MOUTH OPEN: TRUTHFUL
- ONE EYEBROW RAISED: TRUTHFUL
- EYEBROWS SQUEEZED TOGETHER: WORRIED CONFUSED
- CHARACTERISTICS OF THE HANDS:
- HANDS COVERING BOTH EYES
- HANDS OVER THE MOUTH
- HANDS ON CHIN.
- HANDS TOUCHES OR RUBS NOSE WHILE TALKING
- HANDS CLASPED TOGETHER, HOLDING BACK OF HEAD.
- HANDS COVERING BOTH EYES: PROBABLY LYING
- HANDS OVER MOUTH: PROBABLY LYING
- HAND ON CHIN: TRUTHFUL
- HANDS TOUCHES OR RUBS NOSE WHILE TALKING: LYING
- HANDS CLASPED TOGETHER, HOLDING BACK OF HEAD: TRUTHFUL
- CHARACTERISTICS OF THE FEET
- MOVES FEET BENEATH CHAIR
- ON FOOT TUCKED BENEATH THE OTHER.
- MOVES FEET BENEATH THE CHAIR: LYING
2. ONE FOOT TUCKED BENEATH THE OTHER: TRUTHFUL
- WHERE WILL AN INVESTIGATOR HAVE THE MOST PREDUCTIVE INTERVIEW. WHAT 2 PLACES ARE BEST.
- IF IT IS CONDUCTED AT A LOCATION WHERE THE SUSPECT IS MENTALLY RELAXED, SUCH AS HIS HOME OR PLACE OF BUSINESS.
- THE KEY CONSIDERATIONS WHEN CONDUCTING THE INTERVIEW PROCESS.9
- DEVELOP A PLAN OF ATTACK
- CONDUCT THE INTERVIEW IN PRIVATE
- PLACE THE SUBJECT AT EASE
- BE A GOOD LISTENER
- ASK THE RIGHT QUESTIONS
- DONT DISPUTE THE SUBJECTS ANSWERES
- MAINTAIN CONTROL OF THE INTERVIEW
- TAKE BRIEF NOTES-AVOID INTERRUPTIONS
- ADJOURN THE INTERVIEW PROPERLY
- WHAT IS THE INTERROGATION DESIGNED TO DO.
- MATCH NEW INFORMATION WITH A PARTICULAR SUSPECT TO SECURE A CONFESSION.
- WHAT ARE THE 5 MAIN GOALS OF THE INTERROGATION.
- LEARN THE TRUTH OF THE CRIME AND HOW IT HAPPENED.
- OBTAIN AN ADMISSION OF GUILT FROM THE SUSPECT
- OBTAIN ALL THE FACTS TO DETERMINE THE METHOD OF OPERATION AND CIRCUMSTANCES OF THE CRIME.
- GATHER INFO THAT ENABLES INVESTIGATORS TO ARRIVE AT LOGICAL CONCLUSIONS
- PROVIDE INFO FOR THE USE BY PROSECUTORS IN COURT.
- WHAT IS THE MOST INFLUENCIAL PIECE OF EVIDENCE IN COURT.
- THE CONFESSION.
- WHEN CAN YOU TELL INDIVIDUALS ARE USUALLY TELLING THE TRUTH.
- THEY OFTEN MAKE EVERY EFFORT TO ENSURE THAT OTHER PEOPLE UNDERSTAND THEM.
- WHAT SHOULD AN INTERROGATOR SEEK FROM A SUSPECT.
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- AN ADMISSION OR A CONFESSION
- WHAT METHODS ARE USED BY INEXPERIENCED OR UNSCRUPULOUS POLICE INTERROGATORS 5
- DECEPTION,
- FEAR TACTICS
- UNREASONABLY LONG INTERVIEWS
- SLEEP OR FOOD DEPRIVATION
- EXAGGERATING OR MINIMIZING THE CRIME.
- THE METHODS ARE BLAMED FOR A LARGE NUMBER OF FALSE CONFESSIONS.4.
- FEAR TACTICS -THREATS, INTIMIDATION, VIOLANCE.
- MAXIMIZATION
- MINIMIZATION
- MAKING SUSPECT SIT THROUGH LONG DRAWN OUT INTERROGATIONS, DEPRIVING THEM OF FOOD OR SLEEP.
- WHAT TACTIC WILL CAUSE A HIGHLY SUGGESTIBLE OR CONFUSED SUSPECT TO CONFESS.
- MAXIMIZATION.
- IF A SUSPECT IS WILLING TO GIVE A VERBAL STATEMENT ABOUT THEIR INVOLVEMENT, BUT NO WRITE IT DOWN AT THE TIME, WHAT SHOULD THE INVESTIGATOR DO.
- WAIT UNTIL THE SUSPECT IS FINISHED GIVING HIS ACCOUNT AND THEN ASK IF THE SUSPECT WOULD BE WILLING TO SIGN OR WRITE A STATEMENT.
1, WHAT DOES THE INVESTIGATOR DO IF THE SUSPECT AGREES TO SIGN THE STATEMENT.
- THE SUSPECT MAY RESPOND ORALLY AND THE INVESTIGATOR WRITES DOWN THE ANSWERS.
OR - MAY GIVE AN ORAL STATEMENT WITHOUT DIRECTION FROM THE INVESTIGATOR.