Investigation and Interrogation Notes for Oct 2nd
Investigation and Interrogation Notes for Oct 2nd 3262–01/02
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This 5 page Class Notes was uploaded by Peter Wright on Friday October 2, 2015. The Class Notes belongs to 3262–01/02 at Mansfield University of Pennsylvania taught by Dr. Joshua Battin in Summer 2015. Since its upload, it has received 72 views. For similar materials see Investigation and Interrogation in Criminal Justice at Mansfield University of Pennsylvania.
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Date Created: 10/02/15
Formal surveys Scheduled Structured Good BSA established 0 Setup so that the interrogation can begin immediately after the interview Informal surveys Conducted in the eld 0 Good for quickly obtained information 0 Does not produce an as trustworthy BSA Custodial interrogations The person the investigator is interrogating is in custody Make sure these suspects have been properly noti ed of their Miranda rights The word or presence of a lawyer stops everything Noncustodial Suspect is not in custody they are told they can leave but if they try to leave you can recommend they do not quotIt is better to hold a noncustodial interview Be formal but not authoritative Don t tell the suspect they are suspected of a crime rather casually mention it when it appears to bene t the suspect somehow lmply that others have agreed to undergo the interviewquot Preparing for an interview Have proper case facts and knowledge of elements of the case Conduct BSA with background questions Notes should re ect each response Know which key topics you need to ask about like what you don39t know and how you can nd out 3 types of questions 0 Non threatening questions for BSA used to develop a rapport Investigative questions to develop information this is where deceptive and truthful answers come from 0 Behavior provokingbaiting questions quotEstablish rapport with background questions and other initial discussions about investigation Then ask about crime related questions This gives an interview a rhythm and helps comfort suspectsquot Goals of rapport on outset Suspect has time to evaluate investigator Hopefully the investigator will be seen as professional non judgmental and knowledgeable Investigator can make initial assessment of suspect Observation of intelligence 0 Language capability Emotional and physical condition 0 Level of eye contact and other behaviors quotAlways start with non threatening questionsquot Uses for introductory statement 1 Clearly state why you are doing what you are doing issue under investigation 2 Establish investigator39s objectivity concerning the case 3 Persuade suspect that if they lie the deception wi detected easily quotSuspects should be told that you will be able to tell if they lie the investigation will showquot Handling victims 0 Show concern and understanding towards victims of sex crimes 0 Consider leaving the victim alone and have them write down what happened or use a do to show where they had been violated This is a valuable practice especially if there is doubt to the validity of a victim39s claims 0 The investigator should clearly identify themselves and their purpose to children quotMake sure you ask a child if they had spoken to anyone else because others could have manipulated their opinionsquot quotDo not suggest anything to suspect especially a child They are easily in uencedquot quotAsk unassuming questions then direct questions never suggestquot quotUse dolls and books for references when dealing with sex victimsquot Witness fears 1 Fear to testify 2 Fear of retribution 3 Reluctant to get someone in trouble Open questions Non speci c broad question State in the beginning of the session so you get an idea of what the suspect is willing to tell you quotFirst questions should be broad to let the person spill out as much information as possible guilty suspects will become immediately anxious Incorporate foresilence to see how they respond to being probed for more infoquot quotGoing from broad questions to narrow ones will cause anxietyquot When starting out an interview 0 After you introduce yourself start out with initial open questions BSA 0 Next do a Narrative an account of what happened This is where the likelihood of omission will occur It sets the stage suspects can either decided to add detail or to leave detail out 0 State your questions in the broadest sense possible Ask them what they were doing some time prior to the crime Truthful accounts usually take place before an event while guilty suspects ask quotwhere should I startquot 0 To get a full response let the person talk as much as possible use fore silence and do not interrupt Evaluation 1 Sets the stage for incident with detail 2 The event 3 The epilogue where they explain what they did afterwards quotGuilty suspects usually skim overskip the epilogue and don39t tell you what they did afterwards Be suspicious to levels of detailquot quotSimilar details throughout session and out of sequence information is natural and indicates truth It is an expression of sincere thoughts and emotionsquot quotVarying levels of detail perfect chronologically presented details absence of thoughts or emotions phrases that indicate a time gap and implied action phrases indicate guiltquot lmplied action phrases Never saying something outright ex quotwell I usually go to xyzquot quotI normally go and xyzquot Clarifying open questions Sketchy details illogical or unexplained behavior and time gap phases Elicits more information explanation of events and suspect s thoughts and feeHngs Direct questionsmore speci c questions Called quotclosed questionsquot Elicits a speci c position on a matter Removes room for omission and forces a position on the suspect quotThere are technically no speci c behaviors linked to deception just strays away from the BSAquot quotMany times words and actions do not match ex Saying yes while shaking your head no Spoken words the true meaning of them is ampli edmodi ed through body posture gestures expressions etcquot quot1942 John Reid from the Chicago Police Scienti c Crime Detection Laboratory began recording behavior symptoms from suspects undergoing a polygraph He found that truthful suspects were easier to recognize in behavior symptoms alone vs lying suspectsquot When anxiety is ampli ed it is easier to see truth vs deception 1 High stake lies are easier to detect than low stake lies 2 The better the investigator knows the case the easier they can assess behavior 3 Accuracy in detecting deception in real life is much higher than in mock crime interviews 4 Training and experience assists in this process Two broad interferences 1 Guilt vs Innocence 2 Truth vs Deception quotResearch in the eld of BSA gets high accuracies in both guild and innocencequot 5 Principals when evaluating and detecting deception 1 No unique characteristic to deception 2 Consistency with all 3 channels of communication 3 Evaluate paralinguistic and nonverbal behavior in context of given message 4 Evaluate preponderance behaviors occurring throughout interview 5 Establish the subjects normal behavior patterns 3 channels 1 Verbal the word choice and arrangement in a message 2 Paralinguistic characteristics of speech outside of the spoken word 3 Nonverbal body movement Common deception cues common not proven Spontaneous vs guarded Sincere vs insincere Helpful vs not helpful Realistic vs unrealistic Concerned vs not concerned Cooperative vs uncooperative quotMentally healthy properly socialized people will experience anxiety when they liequot quotTruthful responses do not cause anxietyquot quotOmission responses implies noninvolvement without use of wordsquot quotEvasion responses is answering the question with an open ended possibility or with another question ex Did you point a gun at him No I don39t own a hand gun What did you do What do you mean Lying by referral Answering the question by referring back to a previous response ex Did you do xyz Like I said before I had nothing to do with it quotTruthful suspects deny broadly I had nothing to do With itquot quotDeceptive suspects deny speci cally I did not hit her with my stquot Evaluating of verbal behavior Generalization quotGenerally I get home at xyz timequot Blaming memory quotAs far as I knowquot or quotTo the best of my knowledgequot Omission quotI hardly ever do xyzquot or quotI don39t do that oftenquot Estimation quotI would have to say I did xyz I thinkquot or quotI would guess that xyz is what happenedquot Bolstering quotGod as my witnessquot or quotI39m religious so I wouldn39t do thatquot Declaration of self interest quotAs crazy as it sounds xyz happenedquot Non contracted denial quotNol did notquot vs quotNo I didn tquot quotTruthful suspects do not do the above things because they think their denial should stand for itself and need no justi cationquot