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nrcommander > I&I > Flashcards

I&I Flashcards

1
Q

Differences between Interview and Interrogation:

A

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

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2
Q

what is effective and non-effective for officers attitude:

A

Effective: Curiosity, Tolerance, Empathy, Detachement, Flexibility

Non-effective: Suspiscion, Prejudice, Judgemental, Disgust, Rigidity

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3
Q

what are the characteristics of a successful interviewer?

A

Non-judgemental, Polite, Even-tempered, relaxed posture, relaxed tone of voice

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4
Q

how should you ask questions in an interview:

A

open ended, clarifying questions then move to direct questions if you don’t have have the information you are looking for

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5
Q

what is an example of an open ended question?

A

“Tell me about today from the moment you woke up till now.”

“describe the weapon”

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6
Q

give an example of a clarifying question:

A

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

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7
Q

on average, police interviewers interrupt their subject ___ seconds into their story

A

7

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8
Q

Active listening:

A

Periodically nod your head, periodically make eye-contact, body position

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9
Q

what are some deceptive attitudes?

A

Overly-anxious

unconcerned

uncooperative

Guarded/Evasive

Unhelpful?Rationalizing

Insincere

Deafeatful

Unjustly angry

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10
Q

what kind of verbal behaviours to people use as stalling tactics?

A

Answers question with a question

Reapeats your question

Rewords the question just asked

Says he didn’t understand the question

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11
Q

persuasion method:

Steps:

A

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)

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12
Q

what are three types of questions:

A

Open-ended questions

clarifying questions

Direct Questions

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13
Q

What way should we question people:

A

start with open ended then clarifying questions and then direct questions.

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14
Q

which type of communication is most reliable? (verbal or non-verbal)

A

the non verbal communication

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15
Q

what does B.S.A. stand for:

A

Behaviour Symptom Analysis

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16
Q

what are some examples of truthful attitudes:

A

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

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17
Q

What are some Deceptive Attitudes:

A 
Overly-anxious
Unconcerned
Uncooperative
Guarded/ Evasive
Unhelpful/Rationalizing
Insincere
Defeated
Unjustly Angry
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18
Q

what are some verbal stalling tactics?

A

Answers a question with a question

Repeats your question

Rewords the question just asked

Says he doesn’t understand the question

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19
Q

what is the admissibility rule?

A

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

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20
Q

what are some pitfalls of not being on video for interview and interrogation?

A

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

21
Q

what are three types of note taking strategies while interviewing or interrogating an accused?

A
  1. Verbatim (interrogator and suspect/accused)
  2. Main point questions (interrogator) and verbatim answers (suspect/ accused)
  3. main point (Interrogator and suspect/accused)
22
Q

explain how to carry out Method number two of note-taking:

A

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

23
Q

FOR CONSIDERATION in strategy 2 of note-taking:

A

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.

24
Q

what are two CATEGORIES of Accused statements?

A

Inculpatory: Admits to their involvement in the event

Exculpatory: “i didn’t do it but someone else did”

25
Q

What is a statement? Verbatim:

A

“An assertation of fact, opinion, belief or knowledge, whether material or not and whether admissible or not”

26
Q

what are 4 TYPES of statements?

A

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

27
Q

what is a voir dire?

A

trail within a trial

28
Q

How do the courts deem if a statement is admissible or not?

A

Review case law, common law and the charter

29
Q

when do we need go through additional cautions?

A

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

30
Q

Can police ignore right to silence?

A

“yes, just because they are silent does not mean we can’t talk to them”

31
Q

Who can have their lawyers in the room with them when they are being questioned?

A

only youths

32
Q

why do we use video?

A

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

33
Q

what is an interrogation? verbatim:

A

“An interrogation is an interview that is accusatory in nature”

34
Q

An interrogation is not substitute for:

A

a quality investigation, it should be seen as the icing on the top of the cake of a well conducted investigation.

35
Q

what are three interrogation approaches?

A

Persuasion Method(Reid Technique), Evidence based method, Information Gathering Based (Peace model)

36
Q

what are the three big pieces of case law that pertain to interview and interrogation?

A

R V Sigh
R V Sinclair
R V Oickle

37
Q

R V Oickle:

A

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

38
Q

R V Singh:

A

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.

39
Q

R V Sinclair:

A

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)

40
Q

What makes a statement voluntary?

A

No oppression
Opperating mind
Inducemens
Trickery

41
Q

why do we interview suspects:

A

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

42
Q

A successful interrogator is always thinking of the issues:

A

Charter of rights

Threats + Promises

Police Trickery

Oppression

Operating Mind

Suitability of the suspect

43
Q

Positive Confrontation (Interrogator):

A

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)

44
Q

The positive confrontation statement:

A

” We have completed a detailed investigation and have determined that there is no doubt you are responsible for the…”

45
Q

what is a transitional statement?

A

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”

46
Q

what are interrogation themes?

A

sex addiction

alcohol / drug addiction

“its not your fault”

third person themes (story with personal content that relates or former case that relates)

47
Q

what are the physical signs of acceptance?

A

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

48
Q

Ensuring the truth is possible when we focus on:

A

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

nrcommander (27 decks)

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