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12020 Certificate in Forensic Investigation Techniques,
Thursday 12 March 2020
1. Basic Concepts: Interviewing, Interrogation and
extraction
2. Planning and preparing for Interviews and
Interrogations
3. Structure of an Interview
4. Discussion
5. Judicial restrictions
6. Variables involved2
7. Person being interrogated
8. Characteristics of successful interviewers and
interrogators
9. General approaches
10.Specific Techniques
11.Resources used in Interviewing and Interrogation
3
?4
PART 1: Basic Concepts: Interviewing,
Interrogation & extraction
5
INTERVIEWING: Prelude to an investigation
To determine what has taken place
To establish the truth
To provide all possible evidence to court
What have I got?
What do I need?
Where do I get it?
How do I get it?
6
WHAT IS AN INTERVIEW?
Together with Interrogation and Extraction,
it forms part of the information gathering
process.
7
DEFINITION:
“The process of communication between the
interviewer and the interviewed person, during
which the principles of freedom and privacy apply”
The interviewed person is a witness and therefore
not detained or the subject of legal prosecution.
8
DEFINITION:
“Interrogation is the communication between the
interrogator and the interrogated person, who is
either a suspect or an uncooperative (hostile)
witness”
During interrogation the principle of upholding a
person’s Constitutional rights is upheld.
9
DEFINITION:
“Extraction is the approach whereby a suspect
is forced by illegal means to divulge
information against his/her will.”
Extraction is always illegal if a person’s
individual rights are ignored.
10
?11
PART 2: PLANNING FOR INTERVIEWS &
INTERROGATION
12
PREPARING THE CASE
Review the facts of the case.
- Consider ALL the evidence
- Anticipate explanations
- Have all the facts at hand
- Do not break concentration
- Do not allow subject to take over13
Review background of the subject
- Study background of subject and witnesses
- Study will prevent lies & deception
- Know in advance attitude of subject
- Will assist timing & sequence of interviews
- Will assist in determining when best time is
for interview 14
PREPARING THE CASE FILE
Proper use of case file will help in gaining full
information – gives impression that full investigation
has been done
File to contain all material necessary for the interview
Have documentary evidence available
NEVER leave file unattended or hand exhibits to
subject
15
PREPARING THE APPROACH, TECHNIQUES
& QUESTIONS OF AN INTERROGATION
Conversation with subject to be planned in
line with ultimate goal
Plan conversation around structure
Consider the type of questions & sequence
Importance of wording is vital.16
?17
PART 3: STRUCTURE OF AN INTERVIEW
18
Facts: Case
Interviewee’s Background
Statutes and Elements
Timing:
Location: Your Place
Interviewee’s Place
Neutral Territory
Plan: By Whom & How Many
19
Name, Authority & Purpose
Proper Introduction Will set Tone for Entire
Interview
20
Common Ground, Respect
Often an Extension of the Introduction
21
Who, What, When, Where, Why & How
Open-ended followed by Listening
Cognitive Interview
22
Ensures Mutual Understanding
Opportunity for Note Taking
Enhances Witness Recall
23
Positive prompt: “What have I forgotten to
ask?”
Aggressive prompt: “What have you not told
me?”
24
Should Create Positive Impression
Leaves Open the Possibility for Re-contact
25
The Only Way to Learn from Your Mistakes
Critique Interviews from the Above Steps.
26
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PART 4: Discussion of Interviewing, Interrogation & extraction
28
Informal discussion
Subject not suspected of a crime
Purpose is to obtain information the
interviewee has about the matter under
investigation
Interview may develop into an interrogation
29
Formal conversation between the investigator and
a suspect/defendant or an unwilling/hostile
witness.
To establish the truth about the matter being
investigated
Also refers to the formal questioning of a person to
obtain a full and accurate disclosure of facts
30
Even if interrogated person cooperates there
are rules to follow
If interrogated person resists, legal means
should be used to convince him/her to
cooperate
Creativity should be used by the interrogator
31
Legal means to force cooperation:
Criminal Matters:
- Section 205 of the Criminal Procedure Act
1977 (Act 51 of 1977
Civil Matters: ?
Disciplinary Matters: ?
32
DISADVANTAGES:
Mentally and physically tiring
Time-consuming
Interrogation may last several hours
Legal prescriptions – Rights of the individual
33
Illegally infringing the psychological privacy of a person
Forcing person to reveal information
Always illegal
Example:
- Assault/violence
- Threat of assault/violence
- Extremely lengthy interrogation
34
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PART 5: JUDICIAL RESTRICTIONS
36
POTENTIAL WITNESSES
Investigations by the SA Police:
Cooperating Witnesses
Sec.26 and 41 of the Criminal Procedure Act
1977.
Uncooperative Witnesses:
Sec.205 of the Criminal Procedure Act
37
QUESTIONING SUSPECTS, ARRESTED AND
ACCUSED PERSONS:
Investigations done by the SA Police:
- SA Police Policy
- Constitutional Rights
- Judges’ Rules
Rights of such persons to be explained
38
CONSTITUTION AND THE JUDGES’ RULES:
Courts may exclude evidence obtained in
improper or unconstitutional manner
Constitutional rights are not absolute
Judges’ Rules are guidelines for Police
Ensure that rights are explained to a person
39
ADMISSIONS AND CONFESSIONS:
Right not to incriminate oneself
Right to remain silent
RIGHT TO ASSISTANCE:
All suspects have the right to legal assistance
Right may be waived
40
HEARSAY EVIDENCE
It is information that comes to the notice of the
investigator through a third party.
Although it may not be admissible as evidence,
it should not be excluded from the statement
All information to be contained in the
statement
41
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PART 6: variables involved
43
THE CRIME:
What is being investigated – What have I got?
Stick to the facts of the matter in hand
THE SUSPECT/DEFENDANT
Take personality into consideration
Differences determine technique
44
THE INTERVIEWER/INTERROGATOR
Adaptable to circumstances
Behaviour to be sensitive to context
THE APPROACHES & TECHNIQUES
Number of broad approaches
Use one suitable for situation
45
INTERROGATION ROOM AND RESOURCES
USED:
Create right atmosphere
Choose venue conducive to cooperation
46
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PART 7: types of interviewees
48
INCIDENTAL CRIMINAL:
Person who became involved negligently
Usually a person who wants to cooperate
Person had no intention to commit an
offence
49
PSYCHOPATH:
Antisocial Personality Disorder (ASPD) - Diverse
motivations for engaging in criminal behaviour
Psychopaths – Total lack of empathy
ASPD likely to respond to rehabilitation while
true psychopaths not
Catch a psychopath out on continuous lies
50
PROFESSIONAL CRIMINAL:
Commits crime for a living
May also be a psychopath
Great challenge to interrogator
Investigate thoroughly & confront
No regrets (only being arrested)
Will only cooperate for own benefit51
WHITE-COLLAR CRIMINAL:
Social status type commits economic crimes
Sophisticated person
Well educated
Knows Laws, Rules, Regulations & rights
Investigator to know facts & choose most suitable
approach & technique52
SOCIO-ECONOMIC CRIMINALS:
Turns to crime for survival
May become hardened criminal
If arrested/confronted early, may cooperate
easier
Use of emotional approach successful
Very challenging subject with little success
53
?54
PART 8: the investigator / interviewer
55
SUITABLE QUALIFICATIONS AND TRAINING:
Highly qualified & well trained
Good knowledge of the law
Command respect
Personality
Professional appearance
56
LANGUAGE PROFICIENCY:
Fluency in language
Understand meaning of words
ACTING ABILITY
Good actor – able to think on feet
Adaptable and convincing
Be sincere – don’t get caught out
57
WELL-GROOMED
Posture, Physical appearance and tone of voice
Exude professionalism
EMPATHY & SYMPATHY
Sympathetic ear and understanding
Win trust by listening attentively58
INTEGRITY:
Moral depth, honesty & sincerity
Assure person of just, impartial treatment.
SELF-CONTROL:
Control temper
Accept setbacks & keep to moral limits
59
TAKE CHARGE:
Forceful, self-assured personality
Steer interrogation in direction
Do not be distracted or disrupted
Do not abuse power
60
IMPARTIALITY:
Primary concern to discover truth
Achieved only by thoroughness
Unbiased
Approach each witness without prejudice
61
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PART 9: general approaches
63
OBTAIN ALL NECESSARY INFORMATION:
This is the basis – What have I got?
What do I need?
Where do I get it?
How do I get it?
Suspect interrogated last 64
KEEP PURPOSE IN MIND:
Purpose of interview determined first
Main aim is to get the truth
Obtain information
Structure questions to achieve goal
65
SELECT APPROPRIATE STRUCTURE:
Structured or unstructured approach
- Structured is where questions are asked. It is
planned beforehand. Danger of closed answers (Yes,
No)
- Unstructured is where the subject is allowed to
speak without interruption and then ask questions
later – TED Principle applied (Tell, Explain, Describe)
66
SEQUENCE QUESTIONS EFFECTIVELY:
Do not confuse the witness by irrelevant
interruptions
Ask follow-up questions immediately after
the original statement, or
Leave questions until the witness has
finished his/her story67
ASK OPEN-ENDED QUESTIONS:
TED Principle applies
DO NOT RELY ON NON-VERBAL INDICATORS OF
DECEPTION
Non-verbal is how the spoken word is presented
Deception is very difficult to detect
Wrong assumptions can be made68
?69
DIRECT APPROACH:
Direct confrontation
Ask positive and direct questions
Interrogator to be calm and self-assured
Applied during structured interviews
70
INDIRECT APPROACH:
TED PRINCIPLE applied
Applied during unstructured interviews
EMOTIONAL APPROACH:
Play on subject’s feelings
Questions designed to arouse emotions
Capitalize on this situation71
ESCAPE APPROACH:
Trickery and bluffing used
Should be used when subject’s
involvement is certain
If bluffing fails, interrogation is futile
72
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PART 10: specific techniques
74
COGNITIVE INTERVIEW TECHNIQUE:
Re-instate the context – Witness to recreate the
incident.
Report everything – Witness to tell everything
they can remember repeatedly
Recount incident in different ways – Front to
back, back to front or what impressed witness
most75
Concentrate on retrieval – Witness must
concentrate on retrieving memory by:
- Making witness comfortable
- No distractions
- Focus on mental images
- Not rushed or interrupted76
ULTIMATE OBJECTIVE TECHNIQUE:
Only objective is to get truth
Requires patience and calmness to repeat
same question over and over
It underlines seriousness of the case
Witness realises that interrogator will not be
satisfied with anything but the truth77
FORMAL PROFESSIONAL TECHNIQUE:
Trust is basis of this technique
Appearance and behaviour of the interrogator
Professionalism should be the basis of the
approach
Create atmosphere of trust
Competent use of technical aids78
QUIET AND BUSINESS-LIKE TECHNIQUE:
Self-assured and calm attitude
Very effective with nervous persons as well as
to calm aggressive and hostile subjects
79
PERSONAL ACCEPTANCE TECHNIQUE:
Avoid authoritative attitude
Adopt sympathetic and understanding attitude
Show the subject that he/she is accepted as a
person
Suppress own feelings
Although crime is inhuman, subject is not80
FREE NARRATIVE TECHNIQUE:
Subject to tell version without interruptions
Valuable & effective when full details are
known
Will also test credibility of others
Subject to repeat version several times – lies
will become apparent81
TECHNIQUE BASED ON FEELINGS OF GUILT:
Play on subject’s feelings – shock &
disappointment of friends & loved ones
Effective on emotional persons, first-time
offenders and those who committed the crime
on the spur of the moment
Give subject opportunity to clear conscience 82
CONSCIENCE TECHNIQUE:
Based on fact that most people have
perceptions on what is “right” and “wrong”
Act according to conscience
Encourage a choice between good and bad
83
MOTIVE TECHNIQUE:
Concentrates on subject’s motive
Play on subject’s feelings & place him/her
under emotional pressure to tell truth
Interrogator must be thoroughly prepared &
familiar with subject’s background
84
PESSIMISTIC TECHNIQUE:
Present gloomy picture if subject does not
cooperate
Make subject fearful of future if he/she does
not cooperate
Present possibilities like Sec. 5(2)(c) and other
nasty consequences85
PLAY-OFF TECHNIQUE:
Play one subject off against another by saying
that other suspect has confessed and blamed
him/her
Works well with young and inexperienced
subjects
86
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PART 11: resources used
88
INTERROGATION ROOM:
Type of interrogation will determine the venue
- Witnesses at scene
- Subjects in private place
Subject’s home is best but interference makes
it unrealistic
Designated private office89
Interrogation room requirements
- Must be private.
- Must be secure. Subject to be searched. No
chance of escape, assault or suicide
- No telephone. Applies both to land-lines
and cellular telephones
90
TEAM WORKERS IN INTERROGATION:
Team work is key to success
Approach & insight of others
Team will ensure investigation is at an
advanced stage, making interrogation easier
Assistance when & if required
91
INTERPRETERS:
Use interpreter when parties don’t share same first
language
Avoid chance of misunderstanding
Must have full command of the language
Must not be a friend or relative
Must be of same gender
Brief interpreter fully beforehand
92
No unnecessary conversation between subject &
interpreter
Interpreter must mimic the interrogator
Interpreter to convey exactly what was asked –
not own version
Interviewer to be in control of situation – get
opinion of interpreter
Interpreter must not take over role 93
MECHANICAL RESOURCES
Tape-recorders: Permanent & complete record of
session. Proof of what was said & no coercion
Video recorders: Great value to show what
happened. Disputes allegation of extraction.
Lie detection devices: Purely an indication. Voice
Stress Analysis. Psychological effect.
94
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THE END
96