MODULE #1 Flashcards
confession
an admission of guilt
Why are Pre-interview Preparation and Decisions important?
Performing these preparations will enable the investigator to elicit a greater amount of accurate information during the interview, which may be critical to the investigation.
Pre-interview Preparation and Decisions (6)
- Review available information
- Plan to conduct the interview as soon as the witness is physically and emotionally capable
- Select an environment that minimizes distractions while maintaining the comfort level of the witness
- Ensure resources are available (e.g., notepad, tape recorder, camcorder, interview room)
- Separate the witnesses
- Determine the nature of the witness’s prior law enforcement contact
Interviewing a witness: Review available information (2)
- may include police reports and crime scene information.
- It is important for the interviewer to have all information relevant to the case prior to conducting the interview so that the interview can be tailored to elicit the maximum amount of information from the witness.
Interviewing a witness: Plan to conduct the interview as soon as the witness is physically and emotionally capable
This will ensure that the information is still fresh in the witness’s memory.
Interviewing a witness: Select an environment that minimizes distractions while maintaining the comfort level of the witness
Distractions may interfere with the witness’s memory retrieval, therefore the investigator should avoid interviewing the witness in an environment where distractions are more likely to occur, such as a place of business.
Interviewing a witness: Ensure resources are available
ie. notepad, tape recorder, camcorder, interview room
Have these items ready prior to the interview to ensure the interview will not be interrupted.
Interviewing a witness: Separate the witnesses (2)
- Independent witness statements can be used as corroboration/ confirmation.
- Witnesses should not hear other witnesses’ statements because they may be influenced by that information.
Interviewing a witness: Determine the nature of the witness’s prior law enforcement contact (2)
- This may include an arrest record, prior victimization, warrants, or any relationship to/with law enforcement personnel.
- This information can help put any information obtained from the witness into context for the purpose of assessing witness credibility and/or reliability.
Why is Initial the (Pre-interview) Contact with the Witness important?
A comfortable witness provides more information, therefore investigators should ensure the witness feels comfortable and safe talking about the crime.
Upon meeting with the witness but prior to beginning the interview, the investigator should implement the following procedures. (2)
- Build rapport with the witness
- Volunteer no specific information about the suspect or case
Build rapport with the witness: (3)
- The development of rapport between the witness and interviewer will make the witness more comfortable during the interview process.
- The investigator should show sympathy, understanding and respect through flattery and gestures like offering the witness a beverage.
- They should try and establish an amicable relationship with the witness and make them feel at ease.
Volunteer no specific information about the suspect or case: (2)
- Telling witnesses facts about the suspect or case may influence their memory for the incident.
- The interviewer must ensure that information from the witness is based solely on the witness’s memory and not on any information gleaned from the interviewer.
four basic principles of interviewing cooperative witnesses
- Social dynamics between the interviewer and witness.
- Facilitation of the witness’s memory and thinking.
- Communication between the interviewer and witness.
- Sequence of the interview.
Social dynamics between the interviewer and witness. What two goals are critical to establishing appropriate social dynamics?
- Maintain or re-establish rapport with the witness
- Active generation of information - Encourage the witness to actively and voluntarily report information, rather than passively respond to the interviewer’s questions
Facilitation of the witness’s memory and thinking. (2)
- Information about the incident is stored in the witness’s mind.
- For the witness to remember these events, they must concentrate and search through memory efficiently.
Communication between the interviewer and witness. (2)
- The interviewer has investigative needs to solve the crime and the witness possesses relevant knowledge about the details of the crime.
- Both individuals need to communicate this information.
Sequence of the interview. (6)
- To be effective in obtaining the maximum amount of information from a witness, the interview should be conducted in stages.
- The structure of the interview is first designed to relax the witness and gain their trust.
- The interview should continue with general instructions provided by the interviewer, followed by the witness’s narrative, and then relevant, probing questions by the interviewer.
- Ideally, information should be gathered using primarily open-ended questions.
- More specific, closed-ended questions should be used only when the witness fails to provide a clear or complete response.
- The interview is then closed, leaving lines of communication open between the interviewer and witness.
Establishing rapport with the witness (3)
- When seeking to obtain information of a personal or intimate nature from a witness, establishing a personal relationship with the witness gains their trust.
- Rapport development will help the witness to feel more comfortable conveying personal information.
- It can be accomplished by personalizing the interview and by developing and communicating empathy.
some specific things that the investigator can do to build rapport: (3)
- Show understanding and concern:
- Personalize the interview.
- Listen actively.
Show understanding and concern:
This can be accomplished by asking about the witness’s mental and physical health (if relevant), empathizing with the witness’s situation, avoiding judgmental comments and establishing common ground with the witness.
Personalize the interview (2)
- The interviewer should treat the witness as an individual and not as a mere statistic.
- This can be accomplished by referring to the witness by name and by avoiding pre-memorized questions that sound programmed or artificial (e.g., “Is there anything you can tell me that would further assist this investigation?”).
Listen Actively
The interviewer should ask interactive questions that follow up on the witness’s previous responses, repeat witness’s concerns, lean forward, and make eye contact with the witness.
Active generation of information: (2)
- The witness should be encouraged to volunteer information without prompting.
- Because the witness, rather than the interviewer, possesses the relevant information, the witness should be mentally active during the interview and generate information, as opposed to being passive and waiting until the interviewer asks the appropriate question before answering.
specific things that the investigator can do to encourage active generation of information: (3)
- State expectations
- Ask open-ended questions
- Avoid interruptions
State expectations (2)
- This is important because witnesses may not know what to expect or may have incorrect expectations of their role in the interview.
- The interviewer should state explicitly that the witness is expected to volunteer information.
Ask open-ended questions
These questions allow the witness to do most of the talking during the interview and can make the witness feel more in control.
Avoid interruptions (2)
- Interrupting the witness during his/her answer discourages the witness from playing an active role and disrupts his/her memory.
- Rather than interrupt, the interviewer should make a note and follow up at a later time with any questions that arise during a witness’s narration.
The interviewer can promote information retrieval in several ways: (3)
- Minimize distractions.
- Encourage the witness to mentally recreate the incident.
- Tailor questions to the witness’s narrative.
Minimize distractions. (2)
- The interviewer should ensure that physical distractions, such as noise or the presence of other persons, are minimized.
- the interviewer can encourage the witness to block out any distractions by closing their eyes and concentrating on the memory.
Encourage the witness to mentally recreate the incident.
The interviewer can promote the witness’s recollection of the incident by instructing the witness to mentally recreate the circumstances surrounding the incident (e.g., think about their thoughts or feelings at the time of the incident).
Tailor questions to the witness’s narrative. (5)
- Because the witness is the source of information, the interviewer’s questions should be tailored to the witness’s current thoughts and narrative.
- For example, if the witness is talking about the perpetrator’s face, the questions should be about the face and not about other aspects of the incident, such as a license plate.
- The interviewer should ask an open-ended question about the current topic and then follow up with non-leading, closed-ended questions related to that topic.
- A closed-ended question is specific and limits the witness’s response to a few words (e.g., “What colour were his eyes?”).
- When asking closed-ended questions, the interviewer must ensure that the questions are non-leading. A leading question suggests an answer to the witness (e.g., “ Were his eyes brown?”).
The interviewer should convey their investigative needs (i.e., the types of information they are looking for) to the witness. (2)
- The investigator needs the witness to report the event in more detail than would be conveyed in normal conversation.
- The investigator should explain this need for detail to the witness to ensure the witness is fully aware of how to provide the description.
Witnesses may have a very good memory of the incident but fail to communicate this effectively. (4)
- Therefore, the interviewer should try to facilitate the witness’s conversion of memory into effective communication.
- This can be accomplished by encouraging nonverbal responses (e.g., drawings) to supplement their verbal descriptions as appropriate.
- The interviewer should also encourage the witness to report all information and to not edit their thoughts.
- However, the witness should be cautioned not to guess simply to please the interviewer. If they are not sure, they can respond with “I don’t know.”
Witness Interview Sequence (9)
- Attempt to minimize the witness’s anxiety
- Establish and maintain rapport
- Encourage the witness to take an active role in the interview
- Ask the witness to mentally recreate the circumstances of the incident.
- Request a free narrative description of the incident.
- Ask follow-up questions to elicit additional information related to the witness’s narration.
- Review your notes and other materials.
- Ask the witness, “Is there anything else I should have asked you?”
- Close the interview.
There are 4 different types of questions that an interviewer can ask a witness.
- Open-ended questions
- specific-closed questions
- forced-choice questions
- leading questions
Generally speaking when asking questions in an interview . . . (2)
- the questions should be as short and simple as possible.
- They should not contain jargon or other language which the interviewee may not understand.
Open-ended questions (5)
- are designed to have the witness tell the interviewer what happened in their own words.
- These are questions that begin with “Describe” “Tell me” or “Explain.”
- They are useful at the beginning of an interview as they allow for a full, unrestricted account of the crime.
- These types of questions produce answers which are less likely to have been influenced by the interviewer.
- The interviewer should avoid interrupting the interviewee when asking open questions.
Specific-closed questions (2)
- are questions that ask for clarification or extension of what the witness communicated in the open-ended questions.
- For example, “When did this happen?” These questions give the interviewer more control and allow for more information to be collected
Forced-choice questions (4)
- are questions that provide the witness with a limited number of alternative responses.
- For example, “Was the car dark red or light red?”
- There are some problems with this sort of question. The witness might guess between the alternatives if they are uncertain and the answer might not have been included.
- Returning to our earlier example, the car might have been a dark orange and not red at all.
Leading questions (3)
- questions that imply the answer or assume information not revealed by the witness in the interview.
- For example, if a witness to a car accident has not yet said what colour the car was, a leading question would be “How fast was the red car going when it hit the other car?”
- These types of questions can distort the interviewee’s memory.
Common-Law Rules on Voluntariness (2)
- In order for an incriminating statement to be allowed into trial as evidence, the crown has to prove that the suspect’s statement was made voluntarily.
- That is, they need to prove that the statement was not made because of a fear of prejudice or hope of advantage, that the statement was made with an operating mind, that the statement was not made in an atmosphere of oppression and that the statement was not obtained through the use of police trickery that would shock the community.
Fear of prejudice or hope of advantage (2)
- Fear of prejudice” would arise from, for example, threats of mistreatment, threats of denial of interim release, and threats of denial of rights to see loved ones. Such threats may sometimes be explicit but more commonly are implicit.
- “Hope of advantage” would stem from such things as offers of counselling if the suspect confesses, offers of leniency with respect to a loved one of the accused, and offers of leniency from the courts.
operating mind (2)
- Incriminating statements must be made while the person has an operating mind.
- An operating mind “does not imply a higher degree of awareness than knowledge of what the accused is saying and that he is saying it to police officers who can use it to his detriment”.
atmosphere of oppression
if there were external pressures that made the statement involuntary (e.g., length of interrogation, location of interrogation, denial of food, water, or medical services) - they will likely be found to be inadmissible.
police trickery (2)
- police trickery that is so “appalling as to shock the community”
- such as pretending to be a chaplain or legal aid lawyer or pretending to turn off a tape recorder when taking a statement.
Summarize the legal rights of individuals with respect to interactions with police. (2)
- s. 10 (b) - “Everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.”
- In R. v. Hebert (1990), the Supreme Court of Canada held that a detained person’s right to remain silent is a principle of fundamental justice and as such is protected under s. 7 of the Charter.
Describe interrogation techniques used by police.
- Reid Technique
Describe the types of false confessions (3)
- Voluntary false confessions
- coerced-compliant false confession
- coerced-internalized false confession
Describe the ways in which the number of false confessions can be reduced. (5)
- mandatory video recording of interrogations
- To avoid contaminating a confession with facts provided to the suspect, recommend that investigators evaluate the suspect’s post-admission narrative to determine the extent to which the details provided in the statement are consistent with known facts in the case.
- Investigators should not provide a suspect with details of the crime during the course of an interrogation (including evidentiary materials, crime scene photographs, or visits to the crime scene).
- Use of the PEACE model where Interviewers are instructed to keep an open mind about the innocence or guilt of the suspect and to treat all suspects fairly. Vulnerable suspects are to be treated with special consideration.
- is to allow expert testimony in court that explains current research on false confessions.
situational risk factors
involve the particular techniques used to extract the confession, the time of day the interrogation was conducted, or the length of the interrogation.
Two factors that can contribute to a false confession
- personal risk factors
- situational risk factors
personal risk factors (3)
- Some individuals are more compliant or suggestible and thus are more susceptible to respond to interrogative coercion.
- For example, younger suspects, particularly adolescents, or individuals with mental health problems may be more vulnerable to interrogation tactics.
- Low intelligence, drug or alcohol use, and stress are other personal risk factors that may increase the likelihood of a false confession.
fundamental attribution error (2)
- the tendency to overemphasize dispositional or personality-based explanations for an individual’s behaviour while minimizing situational or external causes
- When applied to confession evidence, this suggests that jurors would interpret a confession as a reflection of the actual guilt of a defendant and discount the possibility that external causes, such as coercion, led an individual to falsely confess.
Two sources of law that affect police interactions with suspects and the use of incriminating evidence are:
- Canadian Charter of Rights & Freedoms
- the Common Law rule on voluntariness
In R. v. Singh, 2007 what are important differences between the
Charter and CL? (2)
- Under any alleged Charter violation, the party asserting the violation (usually the accused when the issue is incriminating statements) must prove a violation on a balance of probabilities. under 24(2) of the Charter, the court may admit the evidence notwithstanding the infringement if admission of the statement would not bring the administration of justice into disrepute.
- At CL, the Crown must prove voluntariness beyond a reasonable doubt. If an incriminating statement is found not to have been voluntary, it must be excluded from evidence at trial.
The Charter and the CL vary with respect to: (4)
(a) the objective of the law,
(b) the side that bears the burden of proof,
(c) the standard of proof, and
(d) the consequence of finding a breach.
Two sections of the Charter that are most likely to be invoked to exclude disputed incriminating statements
s. 10(b) & s. 7
What does “detained” mean?
- If individuals reasonably believe that they have no choice but to remain in the custody of the police officer, they are detained-even if they are, in fact, free to go
- (R. v. Therens, 1985).
why do so many suspects waive their rights? (5)
- the fact that detectives deemphasize arrest rights warnings,
- innocent suspects want to show they have nothing to hide,
- guilty suspects don’t want to appear uncooperative.
- that interrogation is inherently a stressful and risky situation, exercising the right to silence would make a good deal of sense as an avoidance response.
- many suspects may not fully appreciate they are waiving their rights.
Grisso (1981) conceptualizes appreciation of the significance
of rights to include three main parts:
- Suspects must recognize the interrogative nature of police questioning.
- Suspects must perceive defence attorneys as their advocates and be willing to disclose confidential information to them (this is appreciation of the right to counsel).
- Suspects must perceive the right to silence as a right that cannot be revoked, and must perceive that statements made by suspects can be used in court (appreciation of the right to silence).
Reid Technique
a method for interrogating suspects and assessing their credibility, using a nine-step process for eliciting a confession
the strategies used by interrogators following the Reid Technique fall into two general categories
- Maximization
- minimization
maximization (3)
- an interrogation technique in which an interrogator uses “scare tactics” designed to intimidate a suspect into a confession
- is achieved by emphasizing or even overstating the seriousness of the offence and the magnitude of the charges.
- might also make false or exaggerated claims about the evidence (e.g., by staging an eyewitness identification or a rigged lie-detector test, by claiming to have fingerprints or other types of forensic evidence, or by citing admissions that were supposedly made by an accomplice).