Interviewing and Interrogation Chapter 1. Smart Talk: Contemporary Interviewing and Interrogation By...

Interviewing and Interrogation

Chapter 1

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Lesson Overview:How are crimes solved?

When someone makes the decision to talk to the police Influenced by

the communication skills of the interviewer

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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The Communication Process: The Berlo SMCR Model For an interview to occur:

A person initiates the interaction (the source) A person receives and interprets the means

(the receiver) Meaning is conveyed through our 5 senses

Receiver/DecoderChannelsChannels

Source/Encoder

Smell

MessageAnd

Feedback

Smell

Taste Taste Touch

See

Hear

See

Touch Hear

Receiver/DecoderChannelsChannels

Source/Encoder

Smell

MessageAnd

Feedback

Smell

Taste Taste Touch

See

Hear

See

Touch Hear

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Purpose of the Interview

The purpose of the interview is to gather information.

Approximately 80% of police investigative work consists of interviewing!

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Characteristics of an Interview Non-accusatory Purpose is gather information Should be conducted early in the

investigation Variety of environments Free flowing May need to take notes

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Categories of Persons to be Interviewed: Victim

A victim is the person who is the object of an incident, crime, or other harm caused against them.

These interviews are influenced by prejudice, anger, pain, and fear in addition to age, gender, cognitive abilities, and fear of disclosure.

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Categories of Persons to be Interviewed: Witnesses

A witness is someone who personally sees, hears, or otherwise observes something relating to the incident under investigation.

Eyewitness evidence is notoriously inaccurate, incomplete, and unreliable.

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Categories of Persons to be Interviewed: Suspects

A suspect is the person that the police officer has reasonable cause to believe committed a specific crime.

In addition to sharing the same influences as the victim, a suspect has consequences to fear!

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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The Definition of Interrogation

An interrogation is an exercise in persuasion with the goal of eliciting a truthful confession. Persuade: to

influence or gain over by argument, advice, or entreaty

Elicit: to draw out or entice forth

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Purpose of the Interrogation

It is meant to encourage the suspect to provide evidence of guilt or involvement in an event. Sought by the

interrogator is a confession or admission.

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Confession

A statement made by a defendant disclosing his or her guilt of a crime with which he was charged and excluding the possibility of a reasonable inference to the contrary.

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

1-12

Admission

An acknowledgement of guilty conduct containing only facts from which guilt may or may not be inferred.

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

1-13

Characteristics of an Interrogation Accusatory Involves active persuasion Purpose = learn the truth! Controlled environment Suspected guilt Notes are not initially taken

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Personal Qualities of the Interviewer

The process of successful interviewing includes: Putting aside personal prejudices and

biases Developing a genuine curiosity Having a positive attitude A willingness to develop rapport Becoming knowledgeable Being professional

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Rapport Development

Rapport is the communication that results when two people agree on the means and willingness to communicate.

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Knowledgeable Keeps asking

questions and continues to learn from each case

Does not make judgments based on past encounters that were similar

Knows that the answers must be learned from the circumstances and will only come through listening and watching

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

1-17

Professionalism

Demands that each investigation begins without case bias or preconceived notions about the victim

Requires patience and persistence

Is the capacity to demonstrate respect for others

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Communication for Rapport

Communication includes both verbal and non-verbal messages

Information communicated is about 65% non-verbal

Verbal communication is about 35% of information related

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Matching

Matching is a subtle form of the interviewer mimicking the nonverbal and paralanguage behaviors of the person being interviewed.

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Kinesics

Kinesics is a form of non-verbal communication that includes: Body language Facial

expressions Gestures

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Matching Kinesic Communications When two people are communicating

effectively their body language will be aligned

Facial expressions include both conscious and unconscious movement of the nose, lips, eyebrows, tongue, and eyes

When an interviewer attempts to develop rapport defensive signals need to be overcome in order for the interview to proceed effectively

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Examples of Facial Expressions Eyebrows frown for anger or

concentration and rise for intensity Pupils of the eyes get larger during fear

and smaller during rest Lips may move into a grin to show

happiness, grimace for fear, or pout to indicate sadness

Wide eyes typically indicates surprise or excitement; narrowed eyes indicate disagreement or a threat

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Examples of Gestures

Rubbing one’s ear is an indication the person does not know the answer to a question

Swaying backwards in the chair points to an individual with a weak ego

Crossing of the arms is a defensive posture, the person has become cautious

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Proxemics

The study of our use of space and how various differences in that use makes us feel more relaxed or more anxious

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Proxemics Spacing

02468

101214161820

0 to 1.5Feet

1.5 to 4Feet

5 to 10 Feet 10 Feet &Beyond

Intimate space

0 to 1.5 feet Personal-

casual space 1.5 to 4 feet

Social-consultive space

5 to 10 feet Public space

10 feet and beyond