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Chapter 19 Chapter 19 Presentation Transcript

  • Interviews Chapter 19 © 2009 Delmar, Cengage Learning
  • Objectives• Describe and understand the process of obtaining sufficient information from the scene• Describe the creation of an interview plan• Describe the protection of privileged information and who is entitled to such protection• Describe the Miranda ruling• Describe the various types and methods to document an interview and the benefits of each © 2009 Delmar, Cengage Learning
  • Case Study• A homeowner noticed burnt circles in his yard• Investigators talked to three families who had young boys who had been playing with fire• The boys had set campfires in the yard• They had also set some fields on fire and an old shed• In total, 70 fire events over a 2-year span were due to these kids playing around• However, there was no malice involved © 2009 Delmar, Cengage Learning
  • Introduction• Various types of interviews to be conducted at any scene – First responder investigator does informal interviews – Assigned investigator handles in-depth interviews• Reading the Miranda Warning – Courts have ruled that this is a function of law enforcement personnel • Assigned investigator such as a fire marshal is an agent of the jurisdiction and even without police powers is considered a law enforcement officer in relation to reading Miranda Rights © 2009 Delmar, Cengage Learning
  • Interview Before Digging or Interview After Digging• Interviewing before digging allows the investigator to get as much information as possible about the scene prior to physical examination – Investigator may tend to look for evidence to support what he learned in interview rather than looking at the scene with a clear unbiased mind © 2009 Delmar, Cengage Learning
  • Interview Before Digging or Interview After Digging (cont’d.)• Doing the scene examination first allows the investigator to enter with a clear mind – The scene will be examined based on the patterns and the physical evidence © 2009 Delmar, Cengage Learning
  • Witnesses Figure 19-1 Interviews sometimes may have to be done on the scene, away from the noise and bustle. © 2009 Delmar, Cengage Learning
  • Recording Interviews of Suspects• Arson is a crime of stealth – Investigator must confront the suspect and attempt to solicit as much information as possible• Interviews of suspects or persons of interest are likely to be much more structured• If the investigator desires to record the interview, he or she should have this prepared in advance – Use of recording devices was sanctioned by Supreme Court © 2009 Delmar, Cengage Learning
  • Recording Interviews of Suspects (cont’d.)• Regardless of whether the interview will be recorded, the investigator must be prepared to document the interview – Not only necessary to prepare a report of the interview but also important to guide the interview by looking back at items already discussed © 2009 Delmar, Cengage Learning
  • The Interview• Should be remembered that victims may present many and varied reactions – There may be feelings of desperation caused by financial loss – A person who started the fire intentionally or negligently may be nervous – Any fire can traumatize the victim © 2009 Delmar, Cengage Learning
  • Planning• Settling in period at the beginning – Questions center around matters to confirm the layout of the place and the use of various areas• Investigator should work to develop rapport with the victim prior to any questioning• Interview witnesses separately to avoid getting a composite view• Be sure not to overload interviewees with questions © 2009 Delmar, Cengage Learning
  • The Communications Process• Investigator must be a good listener and focus on what is being said and how it is being said• Focus on the present question and do not think ahead to future questions• Avoid anticipating what the interviewee will say• Witnesses recall the event as they saw it• Vocal nuance and nonverbal body movements comprise the majority of the process © 2009 Delmar, Cengage Learning
  • Nonverbal Communications• Watch for facial expressions because they are the hardest for a person to control• Nonverbal communications are often referred to as body language – Study of such is a key to the veracity or motives of the speaker – Body language can be significantly influenced by a person’s culture • Study the normal posture and position of the person while he or she answers non-sensitive questions © 2009 Delmar, Cengage Learning
  • Listen Carefully• Words spoken can provide a link to the veracity of the statement the person is making• Truthful statements differ from fabricated ones in both content and quality• Listen closely for the normal use of words and key in on changes• For most people, it is difficult to lie overtly• Singular pronouns such as I, me, you, he, and she show responsibility © 2009 Delmar, Cengage Learning
  • Protected Communications• Times when communications are protected under the rules of evidence – Normally between clergy and parishioner, doctor and patient, attorney and client, and husband and wife• To examine privileged communications, there are certain common denominators to be considered – Measure is to establish whether there was an expectation of privacy © 2009 Delmar, Cengage Learning
  • Constitutional Rights• Miranda v. Arizona is a decision of the U.S. Supreme Court (1966) – Set up guidelines for government interrogation of suspects – Must be adhered to in order to admit into court the evidence gained – Miranda Warning is required during any custodial interview of a suspect – Custody lies in the mind of the defendant • Does the person reasonably feel free to leave? © 2009 Delmar, Cengage Learning
  • Constitutional Rights (cont’d.)• Age is not necessarily a barrier to interrogation – Miranda is administered to a juvenile in the same manner as an adult• Under no circumstances should the investigator attempt to advise the suspect on matters of Miranda• At any time, the suspect can terminate the interview and invoke his or her constitutional rights © 2009 Delmar, Cengage Learning
  • Planning for the Confession• Interviews often fail when there is not enough time devoted to them• First part of a criminal interview is to confront the crime• Questioning should be based on the facts gathered• Word questions carefully, using professional tones and wording © 2009 Delmar, Cengage Learning
  • Planning for the Confession (cont’d.) Figure 19-6 A typical governmental interview room provides minimal distractions for a successful event. © 2009 Delmar, Cengage Learning
  • The Breaking Point• Last part of the interview is the breakthrough point• At this point, the suspect has acknowledged his or her participation in the arson• May be advisable to ask the suspect to write out the confession © 2009 Delmar, Cengage Learning
  • Summary• First responder investigator has the opportunity to do preliminary interviews• Assigned investigator needs compassion for the victims• Everyone involved in the event must be interviewed• Certain steps taken in the interview of a suspect can provide the best opportunity for critical information as well as a confession © 2009 Delmar, Cengage Learning