Test 3. Interrogation vs. Interview Flashcards
What are the 3 types of witnesses you will encounter during interviews?
- Indifferent witness
- Interested witness
- Hostile witness
What are the predominant characteristics of an indifferent witness?
> Not interested in case (best witness)
What are the predominant characteristics of an interested witness?
> Mildly interested in case
What are the predominant characteristics of an hostile witness?
> Very involved in case
> interested in outcome
What are the fundamental elements of interviewing?
> Timing
> Setting
> Eliminate physical barriers
> Preparing for the interview
Background information required for an interview should be based on:
> Seriousness of the case
> Type of information desired
> Attitude of the person to be interviewed
What are considersations when conducting an interview?
> Get acquainted with the interview
> Develop rapport
> Motivate the subject to be interviewed
> Keep subject talking
> Listen to what is said/How it is said
What are some obstacles to a good interview?
> Do not criticize or be sarcastic when subject is talking
> Do not interrupt the subject
> Avoid “yes” or “no” questions
> Do not use compound questions
> Do not use leading questions
What are some techniques to encourage conversation?
> Use open-ended questions
> Use long pause between questions
What are general deception indicators that are non-verbal?
> When a person experiences conflict, they become tense
> To reduce tension they have to expend energy (moving)
> Appears anxious
> Rigid
> Poor eye contact
What are general truthful indicators that are non-verbal?
> Appears at ease
> Good eye contact
> Sit upright or forward
> Arms open
> Attentive and alert
What are the two forms of deceptions?
- Concealment
- Falsify
What are characteristics of the form of deception: concealment?
> Leaves stuff out
> Easiest to do
> More readily forgiven
What are characteristics of the form of deception: falsify?
> Have to construct a lie
> Causes more tension
> Easiest to detect
Explain the two privileges individuals have against self-incrimination.
> 5th amendement privilege against self-incrimination
> Warning required by Miranda v. Arizona (1966)
Explain the public safety execption:
> Allows law enforcement to question a suspect without providing MIranda if there’s an objectively reasonable need to protect the police or public from immediate danger, even after a suspect invokes their right to Counsel
There are restrictions upon the length of an interrogation. How long can an interrogation go without a break for an adult?
4 hours running
There are restrictions upon the length of an interrogation. How long can an interrogation go without a break for a minor?
2 hours running
There are restrictions upon the length of an interrogation. After reaching the maximum interrogation time for a suspect (4 for adult and 2 for a minor), how long is the break a suspect can receive?
1 hour break for adults and minors
What is the total time you can interrogate an adult in one day?
8 hours
What is the total time you can interrogate a minor in one day?
6 hours
When interrogating a deaf person, what are some considersations investigators must make?
According to O.C.G.A 24-9-103, any statement made by a deaf person shall be in transcript and be given to the court at trial
Confessions must be ____________ to be admissible, meaning they cannot be obtained through coercion, including threats, promises, or undue pressure.
voluntary
Confessions obtained as a result of:
> threats
promise
trickery or deceit
are ___________________ in court.
not admissible
The purpose of a _________________, 378 U.S. 368 (1964) is to determine the validity of the suspects statement or confession.
Jackson v. Denno
Describe interrogation techniques when guilt near certainty:
> Display confidence in suspect’s guilt
> Point out some but not all circumstantial evidence
