FINALS (PART 1) Flashcards
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VITAL ELEMENTS OF CRIMINAL INVESTIGATIONS
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TRAINING, TOOLS, AND TECHNIQUES.
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– being a critical factor in developing good and competent investigator, is the key to freedom from bondage of ignorance.
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TRAINING
2
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is effective only on men with self-discipline and prolific minds
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TRAINING
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is a dynamic process-it never ends
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TRAINING
3
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- to establish facts and develop evidence
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TOOLS
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-Most dilemmas encountered by detectives are caused by too much reliance only
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TOOLS
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is like a soldier who enters combat zone with outdated weapon.
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TECHNIQUE
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- the war against crimes today is not won by more men and powerful guns but through modern
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TECHNIQUE
7
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is the essence of tactical strategy in investigation
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TECHNIQUE
7
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-One secret of successful investigators is they maintain sympathetic image. They project charismatic personality. Consequently, they are being looked upon by the public as a friend and not an enemy.
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TECHNIQUE
7
Q
It is the questioning of a person believed to possess information which is relevant to the investigation of a crime- or on criminal activities.
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INTERVIEW
8
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-The method of obtaining an information from another person who is aware that he is giving a wanted information, although he may be ignorant of the true connection and purpose of the interview.
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INTERVIEW
9
Q
is a questioning of a person believed to be possessed knowledge that is of official interest to the investigation.
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INTERVIEW
10
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THE GOLDEN RULE OF INTERVIEW
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“Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime scene”.
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QUALITIES OF A GOOD INTERVIEWER
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1) RAPPORT
2) FORCEFUL PERSONALITY
3) KNOWLEDGE OF HUMAN BEHAVIOR
4) CONVERSATIONAL TONE OF VOICE
5) COMMON INTEREST
6) ACTING QUALITIES
7) HUMILITY
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- He must be courteous, sympathetic and humble, ready to ask apologies for the inconvenience of the interview.
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HUMILITY
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- He must possess the qualities of an actor, salesman, and psychologist and know how to use the power of persuasion.
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ACTING QUALITIES
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- His tone of voice must be conversational, not confrontational as in interrogation.
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CONVERSATIONAL TONE OF VOICE
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- His preliminary probing questions should be aimed to establish common interest between him and the subject.
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COMMON INTEREST
16
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- The ability of the interviewer to determine the personality and intelligence of his subject.
- He must go down and up to the level of understanding of his particular subject – the interviewee.
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KNOWLEDGE OF HUMAN BEHAVIOR
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- The appearance of the interviewee and other qualities such as skills of communication techniques and the force of his language are the mainstays of the strength of his character.
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FORCEFUL PERSONALITY
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- The interviewer must be in respectable civilian attire because many thinks that uniform is intimidating.
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RAPPORT
19
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– it is the development of intimacy between the interviewer and the interviewee
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RAPPORT
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- It is winning the confidence of a person being interviewed in order that he will tell all the information in his possession
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RAPPORT
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REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY
1) FEAR OF REPRISAL
2) GREAT INCONVENIENCE
3) HATRED AGAINST THE POLICE
4) BIAS OF THE WITNESS
5) AVOIDANCE OF PUBLICITY
6) FAMILY RESTRICTION
7) BIGOTRY
8) CULTIST INDOCTRINATION
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- Some cults or religious denominations exercise religious or moral influence on the decision of witnesses to testify.
-It would be more apparent when the witness and the suspect belongs to the same cult.
CULTIST INDOCTRINATION
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- Some famous and respected families preserve their reputations by instilling to them members the need of approval of their elders on matters affecting their families.
FAMILY RESTRICTION
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- Religious or racial, tribal or ethnic indifference.
BIGOTRY
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- There are witnesses who are shy and they shun publicity that will bring them discomfort to their ordinary or obscure way of living.
AVOIDANCE OF PUBLICITY
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- The witness maybe an acquaintance, friend, helper, or benefactor of the suspect.
BIAS OF THE WITNESS
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- This hatred maybe due to previous bad experience with rogue members of the police organization.
HATRED AGAINST THE POLICE
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- The ordeal of testifying in court is an inconvenience on the part hands-to-mouth and to the unemployed.
GREAT INCONVENIENCE
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- It is always entertained by witnesses who lack the courage to face the suspect, his company or relatives.
FEAR OF REPRISAL
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- This is natural for witnesses who have no means to protect themselves or no influential person to rely on.
FEAR OF REPRISAL
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- The investigator’s power of persuasion plays a vital role
FEAR OF REPRISAL
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STAGES OF HANDLING THE INTERVIEW
1) PREPARATION
2) APPROACH
3) WARMING UP
4) COGNITIVE INTERVIEW
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- The investigator must carefully select his kind of approach, which maybe a single kind, a combination of two or the application of all the techniques.
APPROACH
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- The investigator should review the facts at the crime scene and information from other sources in order that he would be ready for the questioning.
PREPARATION
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- A background data of the subject should be available so that he could adapt himself to the kind of approach to be employed.
PREPARATION
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- The subject is now asked to narrate his account without interruption, intervention or inference.
COGNITIVE INTERVIEW
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- This is being done by preliminary or exploratory questions to clear the atmosphere, promote a conducive ground for cordiality, respect, and trust for each other.
WARMING UP
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RULES IN QUESTIONING
1) ONE QUESTION AT A TIME
2) AVOID IMPLIED ANSWERS
3) SIMPLICITY OF QUESTIONS
4) SAVING FACES
5) YES AND NO ANSWERS
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- Do not ask questions which could be answered by YES or NO.
YES AND NO ANSWERS
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-It will curtail the complete flow of information and will lead to inaccuracy.
YES AND NO ANSWERS
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- Embarrassing questions on the subject on matters of exaggeration or honest errors about time, distance and description can be avoided if the investigator will cooperate with subject to “save his face.”
SAVING FACES
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- A short simple question at a time is required. Avoid legalistic questions.
SIMPLICITY OF QUESTIONS
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- The nod of the head or any other body language as a response to the question should be avoided.
AVOID IMPLIED ANSWERS
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-The answer must be oral, clear, explicit and responsive to the questions.
AVOID IMPLIED ANSWERS
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- Avoid multiple, complex and legalistic questions.
ONE QUESTION AT A TIME
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TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE
1) KNOW-NOTHING TYPE
2) DISINTERESTED TYPE
3) THE DRUNKEN TYPE
4) SUSPICIOUS TYPE
5) TALKATIVE TYPE
6) HONEST WITNESSES
7) DECEITFUL WITNESS
8) TIMID WITNESS
9) BOASTING, EGOISTIC, OR EGOCENTRIC WITNESSES
10) REFUSAL TO TALK WITNESSES
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- This is the uncooperative and indifferent subject.
DISINTERESTED TYPE
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- These are the reluctant types of witnesses.
KNOW-NOTHING TYPE
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-They are among the uneducated and of low level of intelligence.
KNOW-NOTHING TYPE
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-Their indifference should be demolished to arouse their interest or be flattered.
DISINTERESTED TYPE
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- The style of questioning by the investigator should be adapted to the psychology of the subject.
-When the drunken subject sobered, another interview will be conducted, confronting him about his disclosures while in the state of drunkenness.
-Written statement must be taken during his sobriety.
THE DRUNKEN TYPE
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- These types of witnesses are suspicious about the motive and actions of the investigator.
-The barrier of the suspicions may be removed by sincere explanations or psychological pressure.
SUSPICIOUS TYPE
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- These are witnesses who are prone to exaggerate, adding irrelevant or new matters to their narrations.
TALKATIVE TYPE
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-The skillful investigator could prune the unnecessary matters from relevant ones.
TALKATIVE TYPE
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-Let them lie and order them to repeat several times their narrations. They will be enmeshed in contradictions.
DECEITFUL WITNESS
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- These are truthful and cooperative witnesses where the investigator could rely upon, with little or no problem in handling them.
HONEST WITNESSES
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- These are liar type of witnesses.
DECEITFUL WITNESS
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- They are the shy-type of witnesses.
TIMID WITNESS
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-The approach must be friendly and reassuring confidentiality of their information
TIMID WITNESS
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- They will be good witnesses because of their ability of expressing their accounts of the commission of the crime.
BOASTING, EGOISTIC, OR EGOCENTRIC WITNESSES
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-They are susceptible to add color or importance in their role as witnesses, probably under-rating the accounts of others.
BOASTING, EGOISTIC, OR EGOCENTRIC WITNESSES
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is of the utmost importance in conducting interviews
Privacy
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is a core task of law enforcement
Conducting interviews
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- These are the most difficult subjects to deal with. The causes maybe trauma, shock, fear, hatred, and others
REFUSAL TO TALK WITNESSES
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-The investigator uses these interviews to establish as much information as possible about the event under investigation.
-Even when a suspect has been identified and an interrogation is planned the investigator will interview the suspect prior to the interrogation.
NON-ACCUSATORY INTERVIEWS
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-This pre-interview may occur on the telephone, in person, immediately prior to the interrogation or as a witness interview early in the investigation.
NON-ACCUSATORY INTERVIEWS
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✓ Interviews conducted with witnesses should be non-accusatory. Investigators must make a systematic effort (a canvass of the area of the incident) to interview all witnesses so that a thorough investigation is completed.
WITNESS INTERVIEWS
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✓ Some witnesses to a crime may eventually become suspects but they should not be treated as such until the investigator feels that there is adequate evidence to infer this and is prepared to proceed with an interrogation.
WITNESS INTERVIEWS
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✓ If the witness' answers are too short or lack description the investigator should ask follow up questions to elicit further detail.
WITNESS INTERVIEWS
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✓ During a witness interview the investigator should ask open ended questions allowing the witness as much time to answer in as much detail as he or she wants.
WITNESS INTERVIEWS
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✓ When interviewing a victim, the investigator must keep in mind that the person they are speaking with has just been through a bad experience
VICTIM INTERVIEWS
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✓ The questions asked of witnesses will vary depending on the investigation. In general, the witness should be asked to describe what they observed in as much detail as possible, what involvement, if any, they had in the event; their knowledge of, or relationship with, any of the participants, and personal information (name, age, phone number, address).
WITNESS INTERVIEWS
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✓ The victim's health and personal safety must be the investigator's primary concern. This may cause the interview with the victim to be postponed. The victim may be angry, afraid or even traumatized. These intense emotions may be projected onto the investigator.
VICTIM INTERVIEWS
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✓ The investigator will have to use all of his or her communication skills to obtain the valuable information that the victim possesses.
VICTIM INTERVIEWS
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✓ The victim should be asked to provide a description of what happened to them in as much detail as possible.
VICTIM INTERVIEWS
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✓ The investigator should ask follow-up questions to clarify points in the victim's statement.
VICTIM INTERVIEWS
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✓ In cases involving property crime the investigator should establish, in detail, what was taken or damaged.
VICTIM INTERVIEWS
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✓ The victim should be asked if they know the other person(s) involved in the incident and what, if any, is their relationship to them.
VICTIM INTERVIEWS
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✓ The investigator should obtain the victim's personal information (home, work, cell and email) to facilitate follow-up conversations.
VICTIM INTERVIEWS
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the primary responsibilities of detectives are the physical and emotional well-being of the victim, the preservation of evidence, and the apprehension of the suspect.
RAPE CASE INTERVIEWS
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SAMPLE INVESTIGATION INTERVIEW QUESTIONS TO ASK TO THE COMPLAINANT/VICTIM:
* What happened?
* What was the date, time and duration of the incident or behavior?
* How many times did this happen?
* Where did it happen?
* How did it happen?
* Did anyone else see it happen? Who? What did they say? What did they do?
* Was there physical contact? Describe it. Demonstrate it.
* What did you do in response to the incident or behavior?
* What did you say in response to the incident or behavior?
* How did the subject of the allegation react to your response?
* Did you report this to anyone? To whom? When? What they say and/or do?
* Did you tell anyone about the incident or behavior? Who? What did they say and/or do?
* Do you know whether the subject of the allegation has been involved in any other incidents?
* Do you know why the incident or behavior occurred?
* Do you know anyone else who can shed light on this incident?
* Is there anything else you want to tell me that I haven’t asked you?
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✓ Prior to the interview, the investigator builds a rapport with the victim, demonstrate empathy, and validate her credibility.
RAPE CASE INTERVIEWS
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✓ Detectives provide the victim with the opportunity to make small choices, thus giving some semblance of control.
RAPE CASE INTERVIEWS
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✓ For example, the investigator asks the victim if she wants someone present with her during the interview and allows her to select the interview location. The location should be private and free from distractions
RAPE CASE INTERVIEWS
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✓ To begin the interview, investigators ask the victim an open-ended question like, “Tell me what happened today.”
RAPE CASE INTERVIEWS
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✓ The key is allowing the victim to tell the entire story without interruptions. In order to add detail or clarify discrepancies, the detective may ask the victim more specific questions once she has completed her narrative.
RAPE CASE INTERVIEWS
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THE VICTIM’S BEHAVIOR PRIOR TO THE ASSAULT
* Where did the victim and suspect first come into contact?
* Was alcohol a factor?
* Was the rape facilitated by drugs?
* Was the victim alone or with friends who could be potential witnesses?
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THE VICTIM’S BEHAVIOR DURING THE CRIME
* Was there shoving, kicking, or scratching aimed at the offender?
* What did the victim say to the offender such as “no,” “stop,” or “I don’t want to do this”?
* What is the victim’s relationship with the suspect? Is the offender a stranger or a known person to the victim?
* What were the suspect’s actions prior to, during, and after the assault?
* What is the chronology of the specific sex acts that were performed?
* What force was used or threatened by the offender?
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In order to understand the artist, you have to look at the artwork. It's the same thing with killers you really have to study the crime. You have to look at how it was done and then you can begin to understand why.
MURDER CASE INTERVIEWS
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✓ Before you sit across a table from either a convicted or suspected killer, you need to do your homework. You have to stud the crime scene and autopsy photos of the victims and read the police reports. And you have to complete the victimology-an analysis of the subject.
MURDER CASE INTERVIEWS
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✓ Being familiar with all this information will help convey to the offender the idea that you are interested in him. And from that, he may also come to believe that you're showing him respect as an artist, an initial objective in establishing rapport.
MURDER CASE INTERVIEWS
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✓ Building Rapport is the Key As with any interview, developing rapport is the key. An investigator builds rapport by understanding the killer's world. Conveying respect for a murderer means setting aside your personal feelings about the nature of the crimes committed. You may have to sit there joking around with someone who preys on little children or tortures his victims in unspeakable ways.
MURDER CASE INTERVIEWS
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✓ But it's worth it if come you away from an interview with firsthand information about the killer's values, beliefs, and thinking patterns, not to mention an ad mission of responsibility for the crimes. And it moves things along more quickly. When the interviewer shows respect for the killer, the subject spends less time evaluating the person who is trying to crawl inside his mind.
MURDER CASE INTERVIEWS
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four phases of the murder
the pre-crime phase,
the actual crime,
disposal of the body, and
the post crime phase.
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it's helpful to reconstruct the scene prior to the murder.
In the pre-crime phase
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SAMPLE INVESTIGATION INTERVIEW QUESTIONS CAN HELP GET WITNESSES TO TALK:
* What did you witness?
* What was the date, time and duration of the incident or behavior you witnessed?
* Where did it happen?
* Who was involved?
* What did each person do and speak?
* Did anyone else see it happen? Who?
* What did you do after witnessing the incident or behavior?
* Did you say anything to the parties involved in response to what you witnessed?
* How did the complainant and the subject of the allegation react to your response?
