Interview & Interrogation Flashcards
What are the requirements for electronic recordation of Custodial Interviews?
- 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)
- 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. - Does not apply to Police Departments of 5 or less sworn officers.
Name three types of statements.
- Oral: Information taken by officer
- Written: By suspect, victim, witness
- Tape-recorded
Who can be an informant?
- Victim
- Witness
- Person’s with knowledge (Snitch)
- Suspects
When is an Interview appropriate?
- When little or no evidence exists in the case.
- When no formal charges can be brought against the individual
- When doubt exists about the subject’s involvement
Three common feelings caused by the Fight or Flight syndrome?
- Anger
- Fear
- Excitement
What are the NINE STEPS of Interrogation?
- Direct Positive Confrontation
- Theme Development
- Stopping Denials
- Overcoming Objections
- Getting the Suspect’s attention
- Suspect Quiets and Listens
- Alternatives
- Bring Suspect into the conversation
- The Confession
What are additional requirements when interviewing a suspect in a IN-CUSTODY Interrogation?
- Conduct in Officer controlled environment
- interview suspects separately
- Is there any language barrier
- Remove persona items
- Keep it formal
- Determine Physical and Mental condition
- Age of Witness
- Prohibit smoking, if possible
To assist in an investigation and officer may consult:
- Arrest file cards
- Activity Logs
- Incident/custody reports
- Field Interview cards
- Computer records
- Jail records and photos
Define Corpus Delicti.
Material evidence showing that a crime has been committed.
Define Modus Operandi:
Modus Operandi (MO): Determining whether a pattern exists, identify specific suspect actions; obtain all evidence to identify similar characteristics.
What are two computer databases that may assist in establishing the MO?
- HITS
(Homicide Information Tracking System) - VICAP
(Violent Criminal Apprehension Program)
What are the 4 uses of evidence?
- Establish Corpus Delicti
- Establish Modus Operandi
- Aids in investigation:
- who, what, when, where, and how
- Court Proof
There are 3 characteristics for good questions, what are they?
- Short and addressing one topic
- Clearly understood
- Precise questions requiring specific answers
Explain Step 1 Direct Positive Confrontation:
- Presentation of facts to suspect
- Reference evidence, real or fictional
- Tell them there involved with crime
- Observe suspects behavior
Explain Step 2 THEME DEVELOPMENT:
- Provide reasons to justify or excuse crime
- Assess Behavior to choose proper theme
- Longest portion
Explain Step 3 STOPPING DENIAL:
- Both the guilty/innocent will deny accusations
- Starts during direct confrontation
- Lack of denial in Step 2 indicates probable guilt
- Recognize and stop denial before it is complete
- Progress indicated by ending or weakening of denials
Explain Step 4 Overcoming Objections:
- Propose a reason why suspect did not commit crime
- Normally offered by only the guilty
- Indicates progress if given after denials
- Listen and accepting objections
- Properly handling objections help overcome suspects defenses
Explain Step 5 Getting the Suspects Attention:
- Suspect is defensive, tense, and confused
- Themes will only work if suspect is listening
- Interrogator reaches peak of sincerity
- Command attention by physical closeness and verbal techniques
- Establish attitude of understanding and concern through physical gestures of sincerity
Explain Step 6: The Suspect Quiets and Listens:
- Physical signs of surrender appear
- Themes are shortened and lead towards alternatives
- Establish eye contact
- Suspects tears indicate guilt
Explain Step 7: Alternatives:
- Non-threatening, concerning minor aspect of case
- Provide choice of un/acceptable reason to commit crime
- Stress reason why suspect should choose positive alternative
- Either choice is an admission of guilt
Explain Step 8: Bring the Suspect into the Conversation:
- Acceptance of one alternative is reinforced
- Entourage suspect to talk about crime
- Use of Realistic words are used
- Initial corroboration of the confession begins
- Oral witnessing of admissions by a second person
Explain Step 9: The Confession:
- Put oral statement into writing, typed, or recorded form
- Establish voluntary statement
- Suspect signs statement witnessed by second person
