interview & interrogations Flashcards
Rapport
Harmonious relationship, where people or groups concerned understand each other’s feelings or ideas and communicate well.
- Communication & Mutual understanding
- A Relationship built on mutual trust or emotional affinity
Rapport Experience & research
shows victims, witnesses & suspects provide more information to officers who build rapport during interviews & interrogations
- More accurate
- Helps victims & witnesses remember & provide more information
- Helps suspects overcome stress & anxiety
- Conversation flows more freely & improves cooperation with officers
Effective rapport building
*Begins at the time of initial contact (e.g. call to schedule an appointment, at time of arrest, at the booking desk, introduction by third party or other officer/detective) and continues throughout the interview.
Respect
showing consideration for another person’s needs or feeling
Demonstrate Respect by:
Empathy- understanding for other people’s feelings & emotions
Courtesy- being polite & kind to people
Decorum- showing good manners
Clarity- explain “why” actions are taken
IF shown respect: (Victims, witnesses & suspects
- More likely to be honest & share information & confess to a crime
- Guilty suspects provide fuller accounts of their actions
- Primary reason child molestation suspects confess during interviews
- Demeaning & coercive treatment does not = confession
Neutrality
being fair, impartial & not helping either side in conflict or disagreement
Best practices to demonstrate neutrality:
- Treat all races, ages, cultures, and beliefs equally
- Be patient & listen to all sides equally
- Recognize & manage biases in self & interviewee
- Avoid Leading questions
- Prepare a list of open-ended questions in advance
Do not use dominant techniques
Questioning
gather complete & accurate information, officers must ask questions.
Helps officers demonstrate active listening, empathy, understanding & neutrality.
Opportunity to watch interviewee’s body language & evaluate veracity of info provided.
Best Practices when asking questions during interviews & interrogations:
Use open & closed-ended questions strategically
Closed-ended questions -short, concise answers, limit amount of info obtained used for:
Gathering basic info (begin with series of close-ended admin questions, DOB, name) helps begins rapport building, establish authority & provide structure for interviewee
- Identify shared interest, likes dislikes with interviewee, be genuine
- Ask direct questions to determine conduct or knowledge
Open-ended questions- call for narrative response which produce more accurate information it allows interviewees to take control of the conversation & communicate freely. Open questions are used to:
- Facilitate general conversation
- Identify shared interest, likes or dislikes with interviewee
- Gather initial facts
- Identify what interviewee considers important
*Be aware of the spacing of your questions
-give interviewee time to answer each question fully. Do not rush them to finish or ask questions in a rapid-fire succession.
Active Listening
combination of body language, questioning & summarizing to show interest.
Officers who actively listen during interviews are more effective at building rapport, demonstrating respect & gathering information
- 3-4 times more information
Best practices for demonstrating Active Listening during interviews & interrogations:
- Make consistent eye contact throughout interview
- Summarize interviewee answers and statements
- Use non- verbal gestures & verbal prompts to encourage & facilitate interviewee participation NOTE: avoid body language or comments that communicates surprise, sarcasm, shock, or disappointment
- Echo probing
- Mirroring
- Silence
Professionalism
good judgment & polite behavior expected from a person who is trained to do a job well. Conduct, behaviors, or qualities that characterize a profession or a professional person. MPTC Motto = “Professional Service through Integrity, Equality, and Excellence
Demonstrating Professionalism during interviews & interrogations:
- be neutral, fair & impartial
- be responsible (codes of conduct & procedural justice)
- be prepared (organized, have needed documents forms)
- Recognize limitations
Two types of unscheduled conversations for law enforcement purposes
Field interviews and Terry stop/threshold inquiries
Field interviews (consensual encounters)
brief interaction, police officer stops person to talk with, ask that person questions to learn information. Used to learn basic & real-time information about people places & events. Field interviews will always require the filing of a Field contact, Field Interview, or Field Observation report
- Occur while working uniform patrol
- Take place in public setting
- Last less than 20 minutes
Investigative Stop/Terry Stop/Threshold inquiry
through words or conduct, objectively communicated that the officer will use their police power to coerce the person to stay. Officer must have reasonable suspicion based on specific and articulable facts that a crime has been, is being or is about to be committed.
P.R.I.D.E.S. Interview Method
Best practices for interviews stemming from specific incidents & for Scheduled interviews
Plan the interview
Rapport building
Identify people
Develop information
Evaluate Information
Summarize
Plan the interview
to identify interview goals, officers must plan their approach beforehand
Plan phase:
a. identify purpose of interview
b. gather pertinent background information on person to be interviewed
c. identify information needed to be obtained & prepare subjects
d. prepare to take detail notes. Note taking should be 2nd officers job
Rapport Building
victims, witnesses & suspects participate more fully & provide more information when officers build & maintain Rapport
- Effective rapport building begins immediately & continues throughout interview
- Use officer safety tactics (distance, contact & cover)
Identify people
makes it easier for officers to re-contact
- Ask for photo identification & use closed-ended questions to obtain:
Fullname, D.O.B, home address, etc
Develop information
Info is developed by asking questions, watching behavior & listening
Developing phase include:
use Open-ended questions to gather initial facts
Allow interviewee to answer without interruption
Use gesturing, mirroring, echo probing, silence and other active listening techniques
Evaluate Information
reviewing & asking follow-up questions
Evaluate phase includes:
Using closing questions to confirm statements
Using open-ended questions for more elaboration/ avoid
leading questions and lastly obtain written statements
Summarize
concluding interviews in positive & professional manner maintains rapport and makes it easier to re-contact.
Interview for Specific incident
use P.R.I.D.E.S
Separate & Prioritize
correct order 1. Victim 2. Witness 3. Suspects
Location, Use time efficiently,
**Nature & seriousness of event will determine how long officer
Can wait to interview people
Scheduled Interview
planned & formal interaction where officers ask potential suspects or citizens more in-depth questions. Last more than 30minutes , non-accusatory style
Use P.R.I.D.E.S method
Non-custodial
suspect voluntarily comes & is free to leave
Interrogations
formal & systematic questioning of a person in-custody
- Planned in advance
- Occur at police station or other detention facility
- Can last for hours
- Allow officers more time to gather evidence & develop questions in advance
- questioning initiated by law enforcement officers after a person has been taken into custody or deprived of their freedom
- 5th amendment provides individuals protections from self- incrimination (plead 5th)
Purpose = obtain a truthful confession
Legal Standards
5th amendment & article 12 protect against self-incrimination during interrogations
Defendants statement analyzed in two ways:
Miranda Analysis: advised rights and did he waive them Knowingly, intelligently & voluntarily
Due Process Analysis: were all statements made on suspects free will
Two prongs to Miranda
Custody & interrogation must be present before Miranda rights
In Mass a statement made within
6 hours of an arrest will not be suppressed because of unreasonable delay of arraignment
Safe harbor rule
statement outside of six-hour rule will be suppressed as involuntary unless arrestee waives their right
police should delay questioning suspects who are:
inxtoicated or under the influence of drugs
“Scrupulously honor”
suspects right to invoke and stop interrogation immediately
Edwards Rule
suspect invokes his right to counsel
Within ______ of arrival at police or detention facility
(1) hour people must be informed of their right to use and be allowed a telephone call to family, arrange bail or contact attorney
Limited circumstances where Miranda warnings not be given include
- Routine Booking question exception
- Public safety exception
what are P.R.I.N.C.P.L.E.S ?
best practice for ______ interrogations
Plan the interrogation
Rapport building
Miranda Rights
Normalize honesty
Clarify Information
Identify Contradictions
Push through denials
Listen and Look
Evidence gathering
Summarize
Interviewing Victims:
balance victims immediate concerns or fear to obtain information
first manage victims emotions (fear, panic, anger, silence, frustration)
*address victims need for physical & emotional safety first
Use: P.R.I.D.E.S interview method
Interviewing Witnesses:
Witnesses corroborate known info or provide officers with new info
* Separate all witnesses immediately & interview separately
Use P.R.I.D.E.S interview method
Encourage & emphasize a need for justice
Interviewing Children :
for serious crimes consult or request experienced child interviewer also Consult with Local DA Office
**Do not use leading questions for children ..can be confusing & result in false affirmative responses.
Interviewing People with limited English:
be patient, smile when appropriate, speak slowly & clearly
Do not increase voice volume, Be concise (yes & no)
*serious criminal offenses have no communication until interpreter
***sit or stand in front of LEP & talk directly to them, not interpreter
