Interview & Interrogation

Question 1

What are the requirements for electronic recordation of Custodial Interviews?

Answer 1

1. Must be conducted in a Law Enforcement facility if the interview is in connection with an aggravated murder OR crime listed in ORS 137.700(7)
2. Must have “GOOD CAUSE” for not recording.
   a. Defendent refuses to have interview recorded
   b. Malfunction of equipment
   c. Recording can jeopardize safety of any person or
   confidentiality of an informant.
3. Does not apply to Police Departments of 5 or less sworn officers.

Question 2

Name three types of statements.

Answer 2

1. Oral: Information taken by officer
2. Written: By suspect, victim, witness
3. Tape-recorded

Question 3

Who can be an informant?

Answer 3

1. Victim
2. Witness
3. Person’s with knowledge (Snitch)
4. Suspects

Question 4

When is an Interview appropriate?

Answer 4

1. When little or no evidence exists in the case.
2. When no formal charges can be brought against the individual
3. When doubt exists about the subject’s involvement

Question 5

Three common feelings caused by the Fight or Flight syndrome?

Answer 5

1. Anger
2. Fear
3. Excitement

Question 6

What are the NINE STEPS of Interrogation?

Answer 6

1. Direct Positive Confrontation
2. Theme Development
3. Stopping Denials
4. Overcoming Objections
5. Getting the Suspect’s attention
6. Suspect Quiets and Listens
7. Alternatives
8. Bring Suspect into the conversation
9. The Confession

Question 7

What are additional requirements when interviewing a suspect in a IN-CUSTODY Interrogation?

Answer 7

1. Conduct in Officer controlled environment
2. interview suspects separately
3. Is there any language barrier
4. Remove persona items
5. Keep it formal
6. Determine Physical and Mental condition
7. Age of Witness
8. Prohibit smoking, if possible

Question 8

To assist in an investigation and officer may consult:

Answer 8

1. Arrest file cards
2. Activity Logs
3. Incident/custody reports
4. Field Interview cards
5. Computer records
6. Jail records and photos

Question 9

Define Corpus Delicti.

Answer 9

Material evidence showing that a crime has been committed.

Question 10

Define Modus Operandi:

Answer 10

Modus Operandi (MO):
Determining whether a pattern exists, identify specific suspect actions; obtain all evidence to identify similar characteristics.

Question 11

What are two computer databases that may assist in establishing the MO?

Answer 11

1. HITS
   (Homicide Information Tracking System)
2. VICAP
   (Violent Criminal Apprehension Program)

Question 12

What are the 4 uses of evidence?

Answer 12

1. Establish Corpus Delicti
2. Establish Modus Operandi
3. Aids in investigation:
   
   • who, what, when, where, and how
4. Court Proof

Question 13

There are 3 characteristics for good questions, what are they?

Answer 13

1. Short and addressing one topic
2. Clearly understood
3. Precise questions requiring specific answers

Question 14

Explain Step 1 Direct Positive Confrontation:

Answer 14

1. Presentation of facts to suspect
2. Reference evidence, real or fictional
3. Tell them there involved with crime
4. Observe suspects behavior

Question 15

Explain Step 2 THEME DEVELOPMENT:

Answer 15

1. Provide reasons to justify or excuse crime
2. Assess Behavior to choose proper theme
3. Longest portion

Question 16

Explain Step 3 STOPPING DENIAL:

Answer 16

1. Both the guilty/innocent will deny accusations
2. Starts during direct confrontation
3. Lack of denial in Step 2 indicates probable guilt
4. Recognize and stop denial before it is complete
5. Progress indicated by ending or weakening of denials

Question 17

Explain Step 4 Overcoming Objections:

Answer 17

1. Propose a reason why suspect did not commit crime
2. Normally offered by only the guilty
3. Indicates progress if given after denials
4. Listen and accepting objections
5. Properly handling objections help overcome suspects defenses

Question 18

Explain Step 5 Getting the Suspects Attention:

Answer 18

1. Suspect is defensive, tense, and confused
2. Themes will only work if suspect is listening
3. Interrogator reaches peak of sincerity
4. Command attention by physical closeness and verbal techniques
5. Establish attitude of understanding and concern through physical gestures of sincerity

Question 19

Explain Step 6: The Suspect Quiets and Listens:

Answer 19

1. Physical signs of surrender appear
2. Themes are shortened and lead towards alternatives
3. Establish eye contact
4. Suspects tears indicate guilt

Question 20

Explain Step 7: Alternatives:

Answer 20

1. Non-threatening, concerning minor aspect of case
2. Provide choice of un/acceptable reason to commit crime
3. Stress reason why suspect should choose positive alternative
4. Either choice is an admission of guilt

Question 21

Explain Step 8: Bring the Suspect into the Conversation:

Answer 21

1. Acceptance of one alternative is reinforced
2. Entourage suspect to talk about crime
3. Use of Realistic words are used
4. Initial corroboration of the confession begins
5. Oral witnessing of admissions by a second person

Question 22

Explain Step 9: The Confession:

Answer 22

1. Put oral statement into writing, typed, or recorded form
2. Establish voluntary statement
3. Suspect signs statement witnessed by second person