Criminal Inv-Chapter 7, Interviewing and Interrogations Flashcards
interview
person to person conversation for purpose of obtaining info about crime or its circumstances
interview at crime scene designed to
elicit complete and accurate information . These types of interviews are nonstructured. Follow up interviews are more structured and designed to address specific areas of concern
what percentage of interviews are informal and take place outside of an office setting
80 percent
reverse transference or retroactive interference
when witness overhears other witnesses discussing their observations and then takes on some, if not all, of the info as his own
rapport
developing harmonious relationship with another person.
interview of witness- four steps process
- basic open-ended questions- what happened, what did you see or hear. NO NOTE taking.(distraction)
- witness repeat story. Now take notes. Address competency or credibility of witness
- interviewer going over his notes with witness. Ensures accurate records of what witness said
- thanking witness for cooperating-
most people speak at a speed of how many word a minute
125 wordss
what percentage of our conversation with one another is nonverbal
65 percent
traditional methods of detecting deception during an interview succeed only ____percent of time
50 percent
detecting deception is based on 4 critical domains
comfort/discomfort, emphasis, synchrony and perception management
Comfort/discomfort
person level of comfort or discomfort is one of most important clues interviewers should focus on. ex. jiggling their feet, fidgeting, perspiration, breathing increase, rubbing the forehead, neck
emphasis
to emphasize points, normally people incorporate various parts of their body. Liars, for most part, do not emphasize with nonverbals.
synchrony
certain amount of harmony occurs in speech patterns, sitting style, general expressions. ex. I did not do it, while nodding their heads up and down, as if to say Yes, I did it.
perception management
try to influence their intended targets of deception with verbal and nonverbal behavior designed t demonstrate the implausibility of their invovlement. ex: I could never hurt someone, Lying is beneath me. These are intended to influence the perception of the interviewer
Neurolinguistic eye movement
direct link between brain activity and eye movement. This linkage useful in detecting deception. 90 percent of popu will move eyes left when recalling something they actually experienced. Same individuals will move eyes right when they are creating something in mind. 10 percent of pop are typically left-handed who simply reverse the movement.
polygraphs three components
pneumograph- records respiration
galvanotgraph- records electrodermal response
cardiograph- records changes in pulse and blood pressure
what is considered to be most reliable indicator of deception in polygraphs
Cardiograph
the least dependable in polygraphs is
galvanic skin response GSR
sympathetic division of the autonomic nervous system
when stimulated by reactions such as anger and fear, mobilizes the body and its resources for emergencies. subject cannot his his involuntary responses to a situation.
The so-called peak-of-tension questions relate to
actual circumstances of the crime
Frye v US
regarding the general acceptance of lie detection in court
California legislature, in response to California Supreme Court banning testimony of witnesses who have been hypnotized to aid in recollection
enacted legislation that allow such a witness to testify under very limited circumstances. The substance of the prehypnotic memory of witness must be preserved in written, audiotape or videotape form prior to hypnosis session. Session must be recorded by licensed medical dr or psychologist experienced in use of hypnosis
Cognitive interviewing
used to enhance witness ability to recall events. Witness ability to recall events in different sequences. Witness reinstating the context of an event invovling the witness recall all of his experiences before, during and after the event. Changing the sequence . Changing perspectives
What are an excellent means of documenting the story told to the investigator by witness
Statements
interrogation
the adversarial questioning of a suspect with the goal of soliciting an admission or confession of guilt.
Brown v Mississippi,
Brown suspected of murder. Arrested and whipped until he confessed. Confession not voluntary
Ward v Texas
suspect in murder. transported from county to county more than 100 miles from home for 3 days, not allowed to contact family, until finally confessed.
holding person incommunicado was coercive
Fikes v Alabama 1957
held in solitary confinement for 10 days until he confessed. Coersive and involuntary confes
Ashcraft v Tennessee 1944
def questioned for 36 straight hours until he confessed. coercive and involuntary confes
Haley v Ohio 1948
questioning a 15 yr old from midnight to five in morning until he confessed was coercive
Davis v North Carolina 1966
Def questioned once or twice a day for 16 straight days until he confessed. Coercive
Mincey v Arizona, 1978
def in hospital after being shot by police. Detective questioned def for 4 hours until def confessed. Crt found def’s will was weakened by pain and shock, Confession not voluntary
Townsend v Sain, 1963
suspect in robbery. suspect a heroin addict and during questioning, suspect exhibited symptoms of withdrawal. Det’s summons a doctor who gave suspect medication to alleviate the discomfort. Medication had the effect of truth serum and def confessed. Cr found def confession was not his free will. not voluntary
Escobedo v Illinois, 1694
Def picked up for murder. while enrt to police station, Def requested to speak with attorney. Request denied. Attorny arrived at station and denied access to client. after 4 hrs of questioning , def confessed. Denied Asst to Counsel.
two years after Escobedo, Miranda v Arizona
miranda rights
emotional offender
person who experiences feelings of remorse and mental anguish as result of committing offense. Types of offenders here: homicides, rapes, physical assault, first time offenders.
nonemotional offender
person who ordinarily does not experience a troubled conscience as result of commiting crime. This offender may have antisocial personality disorder or may be career criminal who perceives committing crimes as a business.
most effective tactic to use on nonemotional offender is
factual analysis approach- appeals to suspects common sense and reasoning rather than emotions. designed to persuade the suspect that his guilt is established and the intelligent choice to make is tell the truth
While establishing rapport, the investigator must make assessments regarding the potential witness’s _____ and _____
competency and credibility
Clues to deception can be obtained from the suspect’s _____,_____ and ______ during the interviewing process
body language, demeanor and comfort level
Most important clues interviewer should focus on when trying to establish veracity.
comfort and discomfort
