I & I Oct/30th notes
I & I Oct/30th notes 3262–01/02
Popular in Investigation and Interrogation
Popular in Criminal Justice
This 3 page Class Notes was uploaded by Peter Wright on Friday October 30, 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 28 views. For similar materials see Investigation and Interrogation in Criminal Justice at Mansfield University of Pennsylvania.
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Date Created: 10/30/15
Case facts what happens during the interview reasonable suspicion don39t just rely on the interview When interrogating start with a Positive Confrontation followed by a pause This allows you to conduct a BSA even though this is an interrogation it also increases anxiety and gives the suspect time to initial deny the guilt This assesses their level of emotion which is very important Go into each interrogation with a clear plan and theme don39t just wing it Take the initial pause to collect your thoughts remember not to let your emotions dictate the way you act Sometimes you will have to give heinous criminals excuses and help justify them in their actions so you can get a confession Dealing with and emotional individual Take a calm and sympathetic approach for those in great anger or distress For those who are emotionless and blank take a factual approach and rely on case facts Weak denials indicate guilt Career criminals are experienced and are good at given straight forward denial which is a trait normally found in truthful individuals It is hard to keep their attention so be persistent All offenders have an emotional level of some degree Order of interrogation Direct positive confrontation pause for initial denial and BSA construction and then establish a theme sympathetic vs factual Right after we get a rst admittance of guilt we forget all about the 39why39 and focus on the 39what technically happened which is ironic because we spend the whole interrogation telling them that we need to know the why so we can establish their characteras if we care Preliminary preparations applying the 9 steps 0 You can leave during an interrogation unless the words quotyou are in custodyquot followed by your Miranda rights is spoken to you Investigator should be VERY knowledgeable about the case prior to interrogation Allow suspects to sit alone for 5 minutes or so in the room prior to interrogation Have a folder of the case or at least pretend the folder you have is of the case into the room with you It has a desirable outcome on both guilty and innocent parties Consider other props you can use but be careful with them If the suspect catches on that a le is no more than a magazine or something it will ruin your credibility Successfailure is determined by your initial approach 0 Be polite but keep a degree of professional detachment Direct positive confrontation and behavioral pause After rst statement pause for roughly 35 seconds this will feel much longer that it actually is This provides initial indication of guilt to be displayed And the suspects initial response to direct positive confrontation may render insight as to how the interrogation should proceed Transition statement After you do the above give them a legal reason as to why they should say they committed the crime quotwe want to help you outquot This establishes a Positive and sympathetic theme De nition A monologue presented by the interrogator in which reasons and excuses are offered that serve to psychologically justifyreduce the moral severity of the criminal act Psychological principles 0 We are not forcing people into thinking they preformed a particular crime for a particular reason 0 People have already rationalized in their own minds as to why they were justi ed in what they did 0 Even heinous predators have a psychological desire to be seen in the best possible light despite what they did with the rare exception of a complete psychopath People will seek out particular people to nd justi cation of doing what they did ex you did something stupid so instead of talking to your parents about it you go tell your equally stupid friends and hope for support 0 The theme is to make the investigator the meansavenue to be seen in that desired best possible light 0 Ex quotYou took the money to feed your kidquot vs quotYou probably took that money out of greedquot An innocent person will reject an interrogation39s themes because they will not rationalizejustify a crime Principles of theme development Primary concept themes positive blaming others blaming a situation sympathizing Secondary concept themes negative blaming the personal character of the suspect their intensions etc c There are multiple themes in each of these categories 0 Be empathetic andor sympathetic in your approach 0 The objective is to get the rst admittance of guilt Do not remind them of the potential punishment Themes Theme 1 Sympathize quotother people would have done the same thingquot quotIt39s perfectly understandable why you did what you didquot 0 Theme 2 Reduce the suspects guilt by minimizing the moral seriousness of the offence quotit39s no wonder you feel that way about little girls I mean look at what they wear these daysquot 0 Theme 3 Suggest a less revolting and morally acceptable motivation for offence which is knowpresumed ex quotSome people murder because they nd it fun You39re not like that are you No you did it out of desperation rightquot 0 Theme 4 Sympathize with suspect by condemning others quotWhy are they picking on you Everyone else does this And besides they were asking for it by aunting around all that money They can afford it They aren39t really hurt by thisquot People often preface the rst admittance of guilt by blaming another person rst 0 Theme 5 Appeal to suspect s pride with well selected attery quotYou seem like a good person You re boss says you are a great workerquot Theme 6 Point out how the victim may have over exaggerated the accusation or the harmseriousness caused by the crime 0 Theme 7 Point out to suspect the grave consequences others have faced by committing terrible acts and the futility of continuing a life of crime This is not to threaten them but to get them to not want to be seen as one of the 39bad people39 Legal considerations 0 Do not promises either punishment or leniency Suspects behavior indicates correct theme choice A rejecting theme 0 a accepting theme
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