Criminal Inv-Chapter 7, Interviewing and Interrogations Flashcards

1
Q

interview

A

person to person conversation for purpose of obtaining info about crime or its circumstances

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2
Q

interview at crime scene designed to

A

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

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3
Q

what percentage of interviews are informal and take place outside of an office setting

A

80 percent

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4
Q

reverse transference or retroactive interference

A

when witness overhears other witnesses discussing their observations and then takes on some, if not all, of the info as his own

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5
Q

rapport

A

developing harmonious relationship with another person.

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6
Q

interview of witness- four steps process

A
  1. basic open-ended questions- what happened, what did you see or hear. NO NOTE taking.(distraction)
  2. witness repeat story. Now take notes. Address competency or credibility of witness
  3. interviewer going over his notes with witness. Ensures accurate records of what witness said
  4. thanking witness for cooperating-
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7
Q

most people speak at a speed of how many word a minute

A

125 wordss

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8
Q

what percentage of our conversation with one another is nonverbal

A

65 percent

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9
Q

traditional methods of detecting deception during an interview succeed only ____percent of time

A

50 percent

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10
Q

detecting deception is based on 4 critical domains

A

comfort/discomfort, emphasis, synchrony and perception management

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11
Q

Comfort/discomfort

A

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

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12
Q

emphasis

A

to emphasize points, normally people incorporate various parts of their body. Liars, for most part, do not emphasize with nonverbals.

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13
Q

synchrony

A

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.

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14
Q

perception management

A

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

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15
Q

Neurolinguistic eye movement

A

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.

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16
Q

polygraphs three components

A

pneumograph- records respiration
galvanotgraph- records electrodermal response
cardiograph- records changes in pulse and blood pressure

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17
Q

what is considered to be most reliable indicator of deception in polygraphs

A

Cardiograph

18
Q

the least dependable in polygraphs is

A

galvanic skin response GSR

19
Q

sympathetic division of the autonomic nervous system

A

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.

20
Q

The so-called peak-of-tension questions relate to

A

actual circumstances of the crime

21
Q

Frye v US

A

regarding the general acceptance of lie detection in court

22
Q

California legislature, in response to California Supreme Court banning testimony of witnesses who have been hypnotized to aid in recollection

A

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

23
Q

Cognitive interviewing

A

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

24
Q

What are an excellent means of documenting the story told to the investigator by witness

A

Statements

25
Q

interrogation

A

the adversarial questioning of a suspect with the goal of soliciting an admission or confession of guilt.

26
Q

Brown v Mississippi,

A

Brown suspected of murder. Arrested and whipped until he confessed. Confession not voluntary

27
Q

Ward v Texas

A

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

28
Q

Fikes v Alabama 1957

A

held in solitary confinement for 10 days until he confessed. Coersive and involuntary confes

29
Q

Ashcraft v Tennessee 1944

A

def questioned for 36 straight hours until he confessed. coercive and involuntary confes

30
Q

Haley v Ohio 1948

A

questioning a 15 yr old from midnight to five in morning until he confessed was coercive

31
Q

Davis v North Carolina 1966

A

Def questioned once or twice a day for 16 straight days until he confessed. Coercive

32
Q

Mincey v Arizona, 1978

A

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

33
Q

Townsend v Sain, 1963

A

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

34
Q

Escobedo v Illinois, 1694

A

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.

35
Q

two years after Escobedo, Miranda v Arizona

A

miranda rights

36
Q

emotional offender

A

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.

37
Q

nonemotional offender

A

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.

38
Q

most effective tactic to use on nonemotional offender is

A

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

39
Q

While establishing rapport, the investigator must make assessments regarding the potential witness’s _____ and _____

A

competency and credibility

40
Q

Clues to deception can be obtained from the suspect’s _____,_____ and ______ during the interviewing process

A

body language, demeanor and comfort level

41
Q

Most important clues interviewer should focus on when trying to establish veracity.

A

comfort and discomfort