I&I Flashcards
Differences between Interview and Interrogation:
Interview: Conversational, non-accusatory, minimal evidence, Subject is not in custody, back and fourth conversation, behavior analysis
Interrogation: Accusatory, Subject is under C+C, Dominated by officer, Evidence is implied, Extended time, confident of deception or guilt, evidence is insinuated or implied or presented
what is effective and non-effective for officers attitude:
Effective: Curiosity, Tolerance, Empathy, Detachement, Flexibility
Non-effective: Suspiscion, Prejudice, Judgemental, Disgust, Rigidity
what are the characteristics of a successful interviewer?
Non-judgemental, Polite, Even-tempered, relaxed posture, relaxed tone of voice
how should you ask questions in an interview:
open ended, clarifying questions then move to direct questions if you don’t have have the information you are looking for
what is an example of an open ended question?
“Tell me about today from the moment you woke up till now.”
“describe the weapon”
give an example of a clarifying question:
Tell me more about the suspects t-shirt
why did you take three days to report this
earlier you said the vehicle was blue but later you said the vehicle was red, tell me what you mean by that
on average, police interviewers interrupt their subject ___ seconds into their story
7
Active listening:
Periodically nod your head, periodically make eye-contact, body position
what are some deceptive attitudes?
Overly-anxious
unconcerned
uncooperative
Guarded/Evasive
Unhelpful?Rationalizing
Insincere
Deafeatful
Unjustly angry
what kind of verbal behaviours to people use as stalling tactics?
Answers question with a question
Reapeats your question
Rewords the question just asked
Says he didn’t understand the question
persuasion method:
Steps:
Build rapport
Establish Subjects baseline
Insight into the subjects personality
Possible rationalizations (ammunition that can be used against them)
Commit to a story (don’t interrupt)
STEPS:
Rapport building
Theme development
Handling denials
Overcoming Objections
Present Alternatives
Admission and Confession (to the truth)
what are three types of questions:
Open-ended questions
clarifying questions
Direct Questions
What way should we question people:
start with open ended then clarifying questions and then direct questions.
which type of communication is most reliable? (verbal or non-verbal)
the non verbal communication
what does B.S.A. stand for:
Behaviour Symptom Analysis
what are some examples of truthful attitudes:
Composed: Smooth body movements
Concerned: Pays attention to what you’re asking
Co-operative: Actually shows up for interview
Direct: You ask a question and they give a direct answer
Open/Helpful: Speech and posture; acknowledges there’s a problem
Confident: Doesn’t over explain themselves
What are some Deceptive Attitudes:
Overly-anxious Unconcerned Uncooperative Guarded/ Evasive Unhelpful/Rationalizing Insincere Defeated Unjustly Angry
what are some verbal stalling tactics?
Answers a question with a question
Repeats your question
Rewords the question just asked
Says he doesn’t understand the question
what is the admissibility rule?
the crown has to prove that any statement made y the accused during an interview or interrogation was made:
Voluntarily and;
Was product of the conscious operating mind
what are some pitfalls of not being on video for interview and interrogation?
It may be inferred that police:
-Intimidated the accused
-Threatened the accused
=Assaulted the accused
-Denied the accused food, water, bathroom etc
-Omitted information
-Are lying
what are three types of note taking strategies while interviewing or interrogating an accused?
- Verbatim (interrogator and suspect/accused)
- Main point questions (interrogator) and verbatim answers (suspect/ accused)
- main point (Interrogator and suspect/accused)
explain how to carry out Method number two of note-taking:
Recorder will document main points of interest of interrogator’s questions and/or monologues
Recorder will document every word from the suspect/accused
taking a break? Repeat steps A,B &C of Verbatim method.
Always document any changes made , how you made them, who made them and when they were made
FOR CONSIDERATION in strategy 2 of note-taking:
When making an after the fact addition, the information should be added by the member that can account for the recollection. If both are able to independently recall, the interrogator should specifically initial the notation so as to indicate it was simply not an independent recollection/ addition of the note taker
the interrogator need not “copy” the notes into their own notebook. The single shared work may stand alone as the recorded record of the interrogation
in cases where the offender is compliant, members may ask the individual to review, initial or sign the same notes as those just created so as to demonstrate the Transparency, Credibility, and Reliability of the note taking system used. Consideration should also be given to having the suspect or accused review, initial or sign the charge & caution. As many suspects and accused are of a volatile and unpredictable nature, this consideration should be exercised with caution as the individual may attempt to destroy the notebook.
what are two CATEGORIES of Accused statements?
Inculpatory: Admits to their involvement in the event
Exculpatory: “i didn’t do it but someone else did”
What is a statement? Verbatim:
“An assertation of fact, opinion, belief or knowledge, whether material or not and whether admissible or not”
what are 4 TYPES of statements?
verbal statements: under charge and caution
Reste geste statements: unprovoked statements (before or after charge and caution)
Formal written statements: In a written form
Video Statements: most credible and transparent
what is a voir dire?
trail within a trial
How do the courts deem if a statement is admissible or not?
Review case law, common law and the charter
when do we need go through additional cautions?
when there is a change in jeopardy
prior to formal statements
prior to formal statement Q+A
Following long delays in questioning
when new procedures are being used
when a lack of understanding is perceived by the interviewer
turning over body
Can police ignore right to silence?
“yes, just because they are silent does not mean we can’t talk to them”
Who can have their lawyers in the room with them when they are being questioned?
only youths
why do we use video?
Because the courts are aware of our ability to obtain continuous video and video statements
You will need to articulate your reasons why you did not use video
our process is on trial as much as the evidence
what is an interrogation? verbatim:
“An interrogation is an interview that is accusatory in nature”
An interrogation is not substitute for:
a quality investigation, it should be seen as the icing on the top of the cake of a well conducted investigation.
what are three interrogation approaches?
Persuasion Method(Reid Technique), Evidence based method, Information Gathering Based (Peace model)
what are the three big pieces of case law that pertain to interview and interrogation?
R V Sigh
R V Sinclair
R V Oickle
R V Oickle:
Police are entitled to use legitimate means of persuasion when interviewing accused persons but the onus is on the Crown to prove beyond a reasonable doubt that the statement was made voluntarily
R V Singh:
Accused persons have the right to silence, but do not have the right to not be spoken to by police. - “Use of reasonable persuasion”
The police must ensure that their actions do not overbear the subject’s will to make a meaningful choice about whether to speak to the police.
Intersection of Section 7 of the Charter and the Confessions rule.
R V Sinclair:
There is no right to ongoing access to counsel once the section 10(b) Right to Counsel has been met, the following arrest/ detention.
The right to counsel may be re-triggered in certain circumstances
(Unless the accused person is a child or a vulnerable person)
What makes a statement voluntary?
No oppression
Opperating mind
Inducemens
Trickery
why do we interview suspects:
Lear the truth
Advance investigations
Clear the innocent and identify those responsible for committing crimes
Assist in the crowns prosecution of a culpable suspect
Gather information
Objectively assess the veracity of a suspect’s version.
Assist in other aspects of investigations
Make evidence more probative
Assess mental function
A successful interrogator is always thinking of the issues:
Charter of rights
Threats + Promises
Police Trickery
Oppression
Operating Mind
Suitability of the suspect
Positive Confrontation (Interrogator):
Confident
In control and respectful
Direct eye contact with the suspect
Standing (in most cases)
Approximately 3-4 feet away from the suspect
Clear and concise
Use of minimizing verbiage (hurt instead of rape)
The positive confrontation statement:
” We have completed a detailed investigation and have determined that there is no doubt you are responsible for the…”
what is a transitional statement?
Moving from a dominant position to an understanding tone
Re-position (sit down for most cases)
Lower your voice
“As i said jim, there is no doubt in my mind that you did this, However, I want to sit down and get this straightened out”
what are interrogation themes?
sex addiction
alcohol / drug addiction
“its not your fault”
third person themes (story with personal content that relates or former case that relates)
what are the physical signs of acceptance?
the suspect is less tense and more relaxed
slump of head, body slump
eye’s are glassy, may look down
deep breath, big sigh
may cry
Ensuring the truth is possible when we focus on:
Details (re-enactment)
Avoid leading questions
hold back evidence
Recognize difference between apology, admission and confession
Don’t ignore inconsistencies
try to obtain physical evidence
Try to gauge the psychological state of the suspect
