Criminal Investigation CRIM435
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This 3 page Class Notes was uploaded by Erika Briggs on Monday February 8, 2016. The Class Notes belongs to CRIM435 at Indiana State University taught by Christian Gallagher in Spring 2016. Since its upload, it has received 20 views.
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Date Created: 02/08/16
Chapter 8 Interview and Interrogation 1. Overview 2. Definition of terms Witness- person, other than the suspect, who is questioned about an incident or individual Suspect-person whose guilt is considered a reasonable possibility Subject-term used to represent a person who is being interviewed 3. Canvassing for Information “neighborhood canvas” Questioning people near the vicinity of the crime to uncover information about the crime Interviews 4. Interview Defined 5. Qualities of a good interview -putting people at ease and inducing them to talk -subjects should feel comfortable enough to share their knowledge a. Rapport – connection with the subject to have a successful interview b. Personality- projecting confidence and strength c. Breadth of Interests- create common interests 6. The Place and Time Should conduct interviews as soon as possible a. Background interviews- can be conducted almost anywhere b. Routine criminal cases- time should be selected when subject can devote full attention c. Serious Criminal cases- arrange a time at a place other than their home or office 7. The Approach-show credentials and clearly identify self 8. Background Interviews Uncomplicated and used to see if the subject can be trusted 9. Criminal Case Interviews Preparation becoming familiar with the background information First few minutes should be a warm up a. Questioning 1. Ask one question at a time 2. Avoid questions with implied answers and maintain a positive attitude 3. Simplify Questions 4. Allow the witness to save face 5. Avoid asking questions that can be answered yes or no 6. Maintain control of the interview 10.Techniques for Controlling Digression Be precise, shunting, skipping by guessing 11.Interview Characteristics by Age of Subjects a. Children- obtain permission from legal guardian, children have a hard time deciphering fantasy from reality b. Young Adults- too preoccupied with themselves and close group c. Middle-aged Person- best ideal witness d. Older Persons- very effective witnesses due to maturity of judgment 12.Interview Characteristics by Attitudes of Subjects Know-Nothing, Disinterested, Inebriated, Suspicious, Talkative, Honest, Deceitful, Timid, Boasting, Refusal to talk 13.Approaches 14.Evaluation -use variety of factors to assess creditability of witness -compare statements with known facts 15.Recording Statements 16.Hypnosis- placing suspect in a sleep-like state to bring back memories 17.The Cognitive Interview Avoiding Interruption Reliving the Event Recalling Details Changing the Order Changing Perspective Recollecting by Association Interrogations 18.Overview 19.Admissions- self-incriminatory statement falling short or full acceptance of guilt 20.Confessions -direct acknowledgement of guilt -must be voluntary and trustworthy - Must be given Miranda rights 21.Interviews Unaffected by Miranda a. Confessions without warnings- any statement given freely and voluntarily b. Field investigations- interviews can be conducted in the field without advising of Miranda c. Public Safety Exception- immediate threat to public safety d. Summary – investigator must be able to show confessions are voluntarily and freely given 22.A Brief History of the Right to Counsel 23.Purpose of Interrogation- acquire information 24.The Interrogator’s Skills and Personality/ Conduct of the Interrogator - Professional in their attitudes and actions - Appear strong and confident - Maintain control of interview 25.The Interrogation Room -Medium sized and free of distractions -no large furniture between the two - No distracting noises -access to room should be limited 26. Information Sought 27. Selection of Technique and Approach - Learn as much as possible about the subject -Trickery and deception are acceptable if held to reasonable levels and are not coercive 28. Interrogation Techniques 29. Control 30. Detection of Deception -Distinguish truth from false hood -identify inconsistencies and improbabilities 31. Psychological Stress Evaluator Written Statements 32. Overview 33. Depositions- record of the out-of-court testimony made under oath or affirmation in answer to questions and cross-examination submitted in a criminal or civil case 34. Content of Statements 35. Methods of Taking Statements - done soon as possible 36. Form for Statements 37. Witness to a Confession - be able to verify statement was voluntarily and intelligently provided 38. Investigation Subsequent to a Confession 39. Admissibility of Confession 40. Forms and Duress and Coercion Coercion- application of physical force and other illegal physical methods Duress- improper restriction of physical behaviors Psychological constraint- unlawful restraint of action by threat or other means of instilling fear 41. Limiting the scope of a confession Recording interviews and Interrogations 42 Overview 43. Recording 44. Techniques
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