FINALS (PART 2) Flashcards
1
Q
We asked offenders to describe how their day went before they committed the crime and to describe their thoughts and feelings before encountering the victim.
A
pre-crime phase
2
Q
This helps the interviewer determine what moved the offender’s murder from fantasy to action.
A
pre-crime phase
3
Q
this phase begins with the conscious reality of the selection of a victim.
A
actual crime phase,
4
Q
We asked offenders the reason why they chose their victims. The reason behind the killing.
A
actual crime phase,
4
Q
after a murder has been committed, a killer must decide what to do with the body. So here we ask them where did they dispose the body if not yet known or recovered.
A
disposal of the body phase
4
Q
at this time, the murderer’s fantasy has become a reality, and the murderer finally feels a sense of purpose.
A
post crime phase
4
Q
When possible, to help determine what evidence may have been left behind by the suspect, ask the victims a series of questions:
* What has been moved, handled, or touched by the perpetrator(s)?
* Has the victim noticed anything unusual or out of the ordinary? (For example, cigarette butts in a nonsmoker’s home; gloves or masks not recognized may have been left at the scene.)
* Did the victim pick things up, move items back or clean up?
* Have food/beverage items or containers been left behind by the perpetrator?
A
ROBBERY CASE INTERVIEWS
5
Q
attention will focus on the points of entry and exit.
A
ROBBERY CASE INTERVIEWS
5
Q
The authorities have begun looking for the murderer, so the murderer’s energies are now focused on avoiding detection. Make sure to be aware that at this phase the offender will try to elude by not answering your questions truthfully. The key to making a suspect feel comfortable is to begin with not offensive, nonthreatening questions designed to elicit simple, comfortable responses. The more the investigator can find in common with the suspect the better. Again, become a kindred spirit.
A
post crime phase
6
Q
PEACE MEANING
A
PLANNING AND PREPARATION
ENGAGE AND EXPLAIN
ACCOUNT
CLARIFICATION AND DISCLOSURE
CLOSURE
EVALUATION
7
Q
model of interview was developed in the UK
A
PEACE
8
Q
most widely accepted method of interviewing and used across the globe
A
PEACE
9
Q
is the most important steps in investigative interviewing without it, interviews may fail before they even begin
A
planning and preparation
10
Q
is the process of getting ready to interview both mentally and strategically
A
planning
11
Q
cover what needs to be ready prior to the interview such as the location, the environment, as well as technical and administrative matters
A
preparation
12
Q
the first step in encouraging a conversation is to
A
engage: introduction and building rapport
13
Q
most influential factor in ensuring productive interviews
A
engage and entertain
14
Q
it is essential that the interviewee is provided with the opportunity to present their side of the story before more detailed questions are asked
A
account/ first free account
15
Q
having established rapport and explained the ground rules for the interview
A
account/ first free account
16
Q
Particularly helpful at this stage is the tell, explain, describe, show me
A
account
17
Q
a useful memory and for this approach is the
A
mnemonic “teds pie”
18
Q
having actively listened to the first free account, it is time for the interviewer to expand and clarify all the relevant matters in the case
A
clarification and disclosure
19
Q
the interviewer should introduce the relevant topics with teds pie
A
clarification and disclosure
20
Q
evaluations of police shows that officers tend to rush the closing of the interview
A
closure of the interview/ closure
21
investigative interviewing recognizes the fact that interviewing is a practical exercise
evaluation
22
essential part of skills training is ___
evaluation and feedback
23
is when a representative from the agency collects information about a crime by questioning suspects victims, or witnesses.
INTERROGATION
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- is one of the most difficult but most interesting phases of criminal investigation and detection.
INTERROGATION
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-It is the confrontational battle of wits between the investigator and the suspect.
INTERROGATION
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-It is a mental combat where the weapon is intelligence and the use of the art.
INTERROGATION
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-It is the skillful questioning of a hostile person suspected of having committed an offense or of a person who is reluctant to make a full disclosure of information in his possession which is pertinent to the investigation.
INTERROGATION
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-Victory depends upon proper and effective use of the art.
INTERROGATION
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Philosophy of Interrogation:
The RIGHT officer
Asking the RIGHT questions
In the RIGHT manner
At the RIGHT time and in the RIGHT place
Will get the RIGHT answers
28
– it denotes the investigation conducted by the investigator on the suspect who is under his custody.
CUSTODIAL INTERROGATION
29
GOLDEN RULE OF INTERROGATION
“Make him admit something, no matter how small or trivial. Usually, the first admission will lead to another. In securing the first admission is the biggest stumbling block in dealing with tough suspects.”
30
PURPOSES OF INTERROGATION:
a. On the part of the suspect, it is to extract confession or admission.
b. On the part of the uncooperative or unwilling witness, it is to extract the information he possesses.
31
THERE ARE FOUR COMMONLY RECOGNIZED OBJECTIVES TO THE INTERROGATION PROCESS:
1. To obtain valuable facts.
2. To eliminate the innocent.
3. To identify the guilty.
4. To obtain a confession
32
RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION
a. Right to remain silent.
b. Right to counsel of his own choice and if he has none, the government must provide one for him.
c. Right to be informed of the nature of the charges against him and whatever he says maybe used for or against him.
33
PHASES OF INTERROGATION
PLANNING AND PREPARATION
APPROACH
QUESTIONING
TERMINATION
RECORDING
REPORTING
34
APPROACHES AND QUESTIONS DIFFER WITH THE TYPE OF SUSPECT BEING QUESTIONED.
a) EMOTIONAL APPROACH
B. SYMPATHETIC APPROACH
C) KINDNESS/FRIENDLINESS
D) EXTENUATION
E) SHIFTING THE BLAME
F) THE MUTT AND JEFF OR SWEET AND SOUR METHOD
G) TRICKS AND BLUFFS:
H) STERN APPROACH
I) REMOVING THE ETHNIC OR CULTURAL BARRIER
J) SEARCHING FOR THE SOFT SPOT
35
– this is a technique where the investigator, combining his skills in of an actor and a psychologist, addresses the suspect with an emotional appeal to confess.
EMOTIONAL APPROACH
36
-This is applicable to first time offenders or those who are of the emotional type of characteristics displayed by nervousness or emotional disturbances.
EMOTIONAL APPROACH
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-Devotees of a religious group may belong to this type.
EMOTIONAL APPROACH
38
– the investigator, in his preliminary or probing questions must dig deep into the past troubles, plight and unfortunate events in the life of the suspect.
SYMPATHETIC APPROACH
39
– the simplest technique is to assure that the suspect will confess if he is treated in a kind and friendly manner.
KINDNESS/FRIENDLINESS
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-An offer of help, kindness, friendliness, may win his cooperation
SYMPATHETIC APPROACH
40
– the investigator indicates he does not consider his subject’s indiscretion a grave offense.
EXTENUATION
40
-A friendly approach coupled with posture of sincerity may induce the suspect to confess.
KINDNESS/FRIENDLINESS
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– the interrogator makes clear his belief that the subject is obviously not the sort of person who usually gets mixed up in a crime like this.
SHIFTING THE BLAME
42
-The interrogator could tell from the start that he was not dealing with a fellow who is criminal by nature and choice.
SHIFTING THE BLAME
43
– the first set of investigators must appear to be rough, mean and dangerous.
-When they had finished the interrogation, the second investigator intervenes by stopping the first set of investigators.
-By being sympathetic and understanding, he begins his interrogation. If the suspect still refuses to cooperate, then the process is repeated until there is confession.
THE MUTT AND JEFF OR SWEET AND SOUR METHOD
44
– the investigator bluffs the suspects that even if he will not confess, there is enough evidence to send him to jail.
-If he will confess, the investigator will see to it that his prison term will be within the range of probation.
THE PRETENSE OF SOLID EVIDENCE AGAINST THE ACCUSED
44
TRICKS AND BLUFFS:
(1) THE PRETENSE OF SOLID EVIDENCE AGAINST THE ACCUSED
(2) THE WEAKEST LINK/PLAYING ONE PERSON AGAINST THE OTHER
(3) DRAMA
(4) FEIGNING CONTACT WITH FAMILY MEMBERS
(5) MORE TRICKS AND BLUFFS
(6) THE LINE-UP
(7) REVERSE LINE-UP
45
– among the suspects, there must be a careful selection as to who among them is the weakest link where the interrogation will begin.
46
-By tricks and bluffs, this will be told that his companions had already confessed.
-That this had dealt the fatal blow or that he received the lion share of the loot in order to intrigued him.
weakest link
47
– the suspect could be tricked that the investigator had gone to the residence and the family members had supplied facts against suspect.
-The suspect’s family will be dragged in to the investigation if the suspect will not confess.
FEIGNING CONTACT WITH FAMILY MEMBERS
47
– the weakest link used to fake pain and the agony by ordering him to shout, accompanied by banging a chair on the wall to make it appear that a commotion is going on.
-The other suspect in separate rooms must hear the -___before telling them that their partner had confessed.
DRAMA
48
– depending upon the imagination of the investigator in each particular situation.
MORE TRICKS AND BLUFFS
49
– the complainant, witness or victim is requested to point positively the suspect who is among persons in the
-The witnesses, victims or complainant are previously coached about the identity of the suspect.
THE LINE-UP
50
– the suspect is placed among other persons in a line up and he is identified by several complainant and witnesses who will associate the suspect in other several crimes.
-This will cause the suspect to become desperate and confess only to the case under investigation, to avoid from being charged on false accusations.
REVERSE LINE-UP
50
– the investigator displays a stern personality towards the suspect by using the following method:
STERN APPROACH
51
STERN APPROACH
(1) PRETENSE OF PHYSICAL EVIDENCE
(2) JOLTING
(3) INDIFFERENCE
(4) FEIGNING PROTECTION AND CONSIDERATION
(5) OPPORTUNITY TO LIE
52
– the investigator asks series of questions appearing to be formalities with the impression that he knows the answers.
-That these questions are asked as matters of considerations of the rights, protection and advantage of the suspect.
FEIGNING PROTECTION AND CONSIDERATION
53
- the suspect is given all the opportunities to lie.
-The suspect is questioned about his personal life and family and friends and his knowledge about the commission of the crime.
-This is repeated many times.
OPPORTUNITY TO LIE
54
– in the questioning process, the investigator selects the right moment to shout a pertinent question in an apparent righteous outrage.
-The suspect’s nerves will break to a confession.
JOLTING
55
– the presence of the suspect, the investigator will discuss and debate about the string evidence of the case that will result to conviction of maximum penalty.
-Their aim is to induce the suspect to confess by conditioning his mind that he is finally cornered with no other recourse but to confess.
INDIFFERENCE
56
– it is the pretense of laboratory or scientific findings pointing to the suspect.
PRETENSE OF PHYSICAL EVIDENCE
57
– If the suspect is an Ilocano, he should be interrogated by an Ilocano investigator and the same with other ethnic or cultural groups.
REMOVING THE ETHNIC OR CULTURAL BARRIER
58
– in every man’s heart, there is always that softest spot.
-That spot maybe the youngest child, the wife, the mother, the brother who acted as his father, the grandparents or the best friend.
-Once discovered, there must be a face-to-face meeting with that person and that heart of steel will melt to pieces.
SEARCHING FOR THE SOFT SPOT
59
ADDITIONAL MODERN TECHNIQUES
(A) RATIONALIZATION
(B) PROJECTION
(C) MINIMIZATION
60
– it is the use of reasons, which is acceptable to the subject that led to the commission of the crime.
RATIONALIZATION –
60
– it is the process of putting the blame to another person, not alone to the suspect.
PROJECTION
61
-it is the act of minimizing the culpability of the suspect.
MINIMIZATION
62
-The investigator convinces the suspect that a confession will reduce the offense and the penalty.
MINIMIZATION
63
PHYSICAL SIGNS OF DECEPTIONS:
EXCESSIVE SWEATING
CHANGE OF FACIAL COLOR
DRY MOUTH
EXCESSIVE BREATHING
INCREASE OF PULSE BEAT
AVOIDANCE OF DIRECT EYE CONTACT
63
is as valuable in interview and interrogation as is questioning.
Listening
64
DOCUMENTING THE INTERROGATION
* NOTE TAKING
* RECORDING, AND
* OBTAINING WRITTEN STATEMENTS
65
AII three of these phases are geared to accomplishing two basic functions.
1. To retain information for the benefit of the interrogator and the continued investigation.
2. To secure a written statement or confession from the accused for later use as evidence in court.
65
three most widely accepted methods of keeping notes during an interrogation are:
* MENTAL NOTES
* WRITTEN NOTES AND
* NOTES TAKEN BY A THIRD PARTY.
66
Police use of audio-video technology to document interrogations became widespread in the .
1990s
66
will involve the interviewer, accusing the suspect. Once the tone of the conversation has moved to accusatory, it is virtually impossible to stop and go back to interviewing. In the interrogation the investigator will do most of the talking and the questions asked of the suspect will be more direct and less open ended.
INTERROGATION
67
is the process by which suspects are questioned with regard to their involvement in the activity which gave rise to the investigation.
INTERROGATION
67
-is painful, it leaves a scar on the body and mind.
-Maybe someone you know, or a relative is suffering from it.
-This must be stopped.
TORTURE
68
our Congress (Government) passed the anti-torture law as a result of the efforts of organizations and individuals who want to stop torture in our country.
November 10, 2009
69
- refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession.
TORTURE
70
- It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
TORTURE
71
FORMS OF TORTURE
1. PHYSICAL TORTURE
2. MENTAL/PSYCHOLOGICAL TORTURE
72
is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:
PHYSICAL TORTURE
73
* Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach;
* Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten;
* Electric shock;
* Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s);
* The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation;
* Being tied or forced to assume fixed and stressful bodily position;
* Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
* Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
* Dental torture or the forced extraction of the teeth;
* Pulling out of fingernails;
* Harmful exposure to the elements such as sunlight and extreme cold;
* The use of plastic bag and other materials placed over the head to the point of asphyxiation;
* The use of psychoactive drugs to change the perception, memory, alertness or will of a person, such as:
* The administration of drugs to induce confession and/or reduce mental competency;
* The use of drugs to induce extreme pain or certain symptoms of a disease; and
* Other analogous acts of physical torture.
PHYSICAL TORTURE
74
-refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as:
MENTAL/PSYCHOLOGICAL TORTURE
75
* Blindfolding;
* Threatening a person(s) or his/her relative(s) with bodily harm, execution or the wrongful acts;
* Confinement in solitary cells or secret detention places;
* Prolonged interrogation;
* Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
* Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed;
* Maltreating a member/s of a person's family;
* Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
* Denial of sleep/rest;
* Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body against his/her will;
* Deliberately prohibiting the victim to communicate with any member of his/her family; and
* Other analogous acts of mental/psychological torture
MENTAL/PSYCHOLOGICAL TORTURE
75
PROHIBITED METHODS OF INTERROGATION:
1. STRESS POSITIONS
2. BEATING
3. TEMPERATURE MANIPULATION
4. WATERBOARDING (mock drowning)
5. THREATS OF HARM TO PERSON, FAMILY OR FRIENDS
6. SLEEP DEPRIVATION
7. SENSORY BOMBARDMENT: NOISE AND LIGHT
8. VIOLENT SHAKING
9. SEXUAL HUMILIATION
10. PROLONGED ISOLATION
11. SENSORY DEPRIVATION -
75
- the suspect is forced to maintain painful physical positions, such as forced standing, and awkward sitting or suspension of the body from a chain or other implement, for prolonged periods of time.
STRESS POSITIONS
76
- the suspect is subjected to forceful physical contact, either directly or through an instrument.
BEATING
77
- the subject is exposed for prolonged periods to extreme heat or to extreme cold.
TEMPERATURE MANIPULATION
78
- the subject is strapped down and immobilized and water is poured over the face to create the sensation of asphyxiation or drowning.
WATERBOARDING (mock drowning)
78
- the prisoner is deprived of normal sleep for extended periods through the use of stress positions, sensory overload, or other techniques of interrupting normal sleep.
. SLEEP DEPRIVATION
78
- the prisoner is exposed to bright lights, flashing strobe lights and/or loud music for extended periods of time.
SENSORY BOMBARDMENT: NOISE AND LIGHT
78
- the interrogator forcefully shakes the subject.
VIOLENT SHAKING
79
- the subject is threatened with harm against himself or against family or friends if he fails to cooperate with interrogators.
THREATS OF HARM TO PERSON, FAMILY OR FRIENDS
80
is a term of art for an established, violent interrogation method.
Shaking
81
- the subject is subjected to sexually humiliating behavior or forced to perform sexually humiliating acts, often in an attempt to exploit cultural and religious stereotypes regarding sexual behavior and induce feelings of shame, guilt and worthlessness.
SEXUAL HUMILIATION
82
- the subject is denied contact with other human beings, including through segregation from other prisoners, for prolonged periods of time.
PROLONGED ISOLATION
83
-An act penalizing torture and other cruel, inhuman and degrading treatment or punishment and prescribing penalties therefor otherwise known as the “Anti-Torture Act of 2009”.
RA 9745
83
- the person is subjected to reduction or removal of stimuli from one or more of the senses for prolonged periods.
SENSORY DEPRIVATION
83
- refers to the right of all persons in custody to be informed in oralor written form, in a language or dialect understood by the alleged torture victim or the person concerned, of their right to demand a physical examination by a physician of his/her own choice.
RIGHT TO OWN CHOICE
84
RA 9745 SECTION 5
* RIGHT TO OWN CHOICE
* INDEPENDENT AND COMPETENT DOCTOR
* RIGHT TO PHYSICAL EXAMINATION
85
-Physicians who belong to agencies that are involved in the arrest and detention of the victim shall not be included, unless the victim specifically allowed such examination and when circumstances require
INDEPENDENT AND COMPETENT DOCTOR
85
- refers to any physician freely chosen by the victim or his /her duly authorized representative/s to conduct physical examination and treatment of tortured victims.
INDEPENDENT AND COMPETENT DOCTOR
86
- refers to the right of every person arrested, detained orunder custodial investigation or to prompt and thorough examination for the purpose of determining whether or not torture has been inflicted.
RIGHT TO PHYSICAL EXAMINATION
87
-This also refers to access without any delay to such an examination which should be made before and after any acts of interrogation and immediately before and after any transfer of the person between detention institutions
RIGHT TO PHYSICAL EXAMINATION
