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Chapter 02
- 1. Chapter 2 Obtaining Information and Intelligence ©2017 Cengage Learning. All rights reserved.
- 2. Introduction • Knowledge obtained through questioning and physical evidence is equally important • Questioning can provide leads for finding physical evidence • Confession must be supported by physical evidence or other corroboration ©2017 Cengage Learning. All rights reserved. 2
- 3. OVERVIEW • Three primary sources of information are available Reports, records, and databases People who are not suspects in a crime but who know something about the crime Suspects in the crime Sources of Information (Continued) ©2017 Cengage Learning. All rights reserved. 3
- 4. REPORTS, RECORDS AND DATABASES • Local resources • Auto track systems • Caller ID • Pen registers • Dialed number recorders (DNRs) • State and federal resources ©2017 Cengage Learning. All rights reserved. 4 Sources of Information (Continued)
- 5. THE INTERNET • Extremely valuable source of information VICTIMS, COMPLAINTS, AND WITNESSES • Neighborhood canvass • Knock and talk • A caution ©2017 Cengage Learning. All rights reserved. 5 Sources of Information (Continued)
- 6. INFORMANTS • Confidential informants • Establishing reliability SUSPECTS • Directly or indirectly connected with a crime • Field interviews ©2017 Cengage Learning. All rights reserved. 6 Sources of Information (Continued)
- 7. OVERVIEW • Information is obtained continuously throughout an investigation • Interview Not suspects, but know something of value • Interrogation Suspected of direct or indirect involvement Interviewing and Interrogating ©2017 Cengage Learning. All rights reserved. 7
- 8. CHARACTERISTICS OF EFFECTIVE INTERVIEWER/INTERROGATOR • Adaptable and culturally adroit • Knowledgeable about elements of crime ENHANCING COMMUNICATION • Emotional barriers • Other barriers Interviewing and Interrogating (Continued) ©2017 Cengage Learning. All rights reserved. 8
- 9. EFFECTIVE QUESTIONING TECHNIQUES • Two basic requirements Listen Observe • Types of questions: direct, indirect, closed-ended, open-ended, and leading • Recording and videotaping interviews and interrogations ©2017 Cengage Learning. All rights reserved. 9 Interviewing and Interrogating (Continued)
- 10. OVERVIEW • Establish priority of obtaining statements • Main sources of information Complainant, the victim, and witnesses • In most cases, interview complainants first • Record both positive and negative information The Interview ©2017 Cengage Learning. All rights reserved. 10
- 11. ADVANCE PLANNING • Review reports about the case • Anticipate how people will respond SELECTING THE TIME AND PLACE • Ensure scene is safe and determine complainant • Witnesses recall details best immediately ©2017 Cengage Learning. All rights reserved. 11 The Interview (Continued)
- 12. BEGINNING THE INTERVIEW • Friendly but professional • Show your credentials ESTABLISHING RAPPORT • Understanding • Careful listening • Enhance rapport ©2017 Cengage Learning. All rights reserved. 12 The Interview (Continued)
- 13. NETWORKING AN INTERVIEW • Establishes relationships • Understand networks in your jurisdiction RELUCTANT INTERVIEWEES • Logical approach • Emotional approach ©2017 Cengage Learning. All rights reserved. 13 The Interview (Continued)
- 14. THE COGNITIVE INTERVIEW • Tries to get the interviewee to recall scene mentally • Secluded, quiet place free of distractions • Reconstruct the circumstances TESTIMONIAL HEARSAY • Includes prior testimony • Statements made as a result of police interrogation The Interview ©2017 Cengage Learning. All rights reserved. 14
- 15. STATEMENTS • Legal narrative • Description of events related to a crime • Formal, detailed account CLOSING THE INTERVIEW • Thank the person for cooperating ©2017 Cengage Learning. All rights reserved. 15 The Interview (Continued)
- 16. THE MIRANDA WARNING • When Miranda does not apply • Waiving the rights • The effects of Miranda • Miranda challenged “QUESTION FIRST” OR “BEACHHEADING” • Found unconstitutional The Interrogation ©2017 Cengage Learning. All rights reserved. 16
- 17. INTERPLAY OF 4TH AND 5TH AMENDMENTS • Public safety exception • Right to counsel under the Fifth and Sixth Amendments FOREIGN NATIONALS • Vienna Convention Treaty, signed in 1963 • Diplomatic immunity The Interrogation (continued) ©2017 Cengage Learning. All rights reserved. 17
- 18. SELECTING THE TIME AND PLACE • Ideal conditions exist at the police station • Many opinions on furnishings STARTING THE INTERROGATION • Show that you are in command • Watch nonverbal communication ©2017 Cengage Learning. All rights reserved. 18 The Interrogation (continued)
- 19. ESTABLISHING RAPPORT • Show that cooperation is desirable APPROACHES TO INTERROGATION • Inquiring directly or indirectly and forcing responses • Deflating or inflating the ego and projecting the blame • Rationalizing and combining approaches • Minimizing or maximizing the crime ©2017 Cengage Learning. All rights reserved. 19 The Interrogation (continued)
- 20. USING PERSUASION • Make suspect comfortable • Investigative questionnaires ETHICS AND THE USE OF DECEPTION • Limited officially sanctioned deception • Interrogatory deception • Professional behavior remains important ©2017 Cengage Learning. All rights reserved. 20 The Interrogation (continued)
- 21. THIRD-DEGREE TACTICS • Physical force • Mental or psychological abuse ADMISSIONS AND CONFESSIONS • Voluntary nature of the confession is essential • Bruton rule • Adoptive admission ©2017 Cengage Learning. All rights reserved. 21 The Interrogation (continued)
- 22. CONSIDERATIONS • Special considerations exist • First step is to build rapport • Must obtain parental permission • Topics of inquiry may hinder interview • Do not underrate young people’s intelligence or cleverness Questioning Children and Juveniles ©2017 Cengage Learning. All rights reserved. 22
- 23. BREAKING A “PAT” STORY • Repeats it word for word innumerable times • Difficult to repeat lies consistently • Story becomes distorted with mistakes and exaggerations • Ask questions that require slightly different answers Evaluating and Corroborating Information ©2017 Cengage Learning. All rights reserved. 23
- 24. POLYGRAPH AND VOICE STRESS TESTS • Records several measurements on a visible graph Respiration Depth of breathing Skin’s electrical resistance Blood pressure Pulse Scientific Aids to Obtaining and Evaluating Information ©2017 Cengage Learning. All rights reserved. 24
- 25. SOURCES FOR LEADS • Psychics popularized by television • Use of psychics in investigations is controversial • Profilers are more commonly accepted • Profiling combines art and science Use of Psychics and Profilers ©2017 Cengage Learning. All rights reserved. 25
- 26. INTERAGENCY COMPATABILITY • Obstacles to overcome • Some sharing efforts One DOJ initiative Law Enforcement National Data Exchange (N-DEx) CrimeCog Sharing Information ©2017 Cengage Learning. All rights reserved. 26
- 27. DATA VALUE • Information is simply data • Data must have value • Information plus analysis • Applying analytical skills Information versus Intelligence ©2017 Cengage Learning. All rights reserved. 27
- 28. Summary • The ultimate goal of interviewing and interrogating is to determine the truth • Two basic requirements to obtain information are to listen and to observe • Interview anyone other than a suspect who has information about the case • Special considerations are also observed when questioning children and youths • You can sometimes use scientific aids ©2017 Cengage Learning. All rights reserved. 28
Editor's Notes
- Learning Objective: Identify the sources of information that are available to investigators. Important sources of information include (1) reports, records and databases, including those found on the Internet; (2) people who are not suspects in a crime but who know something about the crime or those involved; and (3) suspects in the crime.
- Learning Objective: Explain what the goal of interviewing and interrogation is. The ultimate goal of interviewing and interrogating is to determine the truth, that is, to identify those responsible for a crime and to eliminate the innocent from suspicion.
- Building trust with citizens, including children, is important for law enforcement. The ability to communicate with individuals from diverse populations—various ages, ethnicities, socioeconomic groups, and so forth—is a critical skill for effective investigators. San Diego/ZUMA Press, Inc/Alamy
- Learning Objective: Explain the different types of questions used during interviews and interrogations and when to use each. Ask direct questions and open-ended questions liberally. Asking leading questions can also be a useful interrogation technique. Use indirect questions and closed-ended questions sparingly.
- Learning Objective: Describe how to conduct interviews when multiple people are at the scene. Interview witnesses separately if possible. Interview the victim or complainant first, then eyewitnesses and then people who did not actually see the crime but who have relevant information.
- Some interviews are conducted under difficult circumstances, when victims or witnesses have suffered trauma or are under duress. Obtaining statements from domestic violence victims can be particularly challenging. In such situations, what interview techniques should the investigator use so that useful information can be drawn out while remaining sensitive to the needs of the interviewee? © Daemmrich, B./PhotoEdit
- Learning Objective: Compare and contrast the approaches used to appeal to reluctant interviewees. Appeal to a reluctant interviewee’s reason or emotions.
- Learning Objective: Explain what the Miranda warning is and when it must be given. The Miranda warning informs suspects of their Fifth Amendment rights. Give the Miranda warning to every suspect you interrogate about a crime if you have them in custody.
- Learning Objective: Describe the various techniques used in an interrogation. Interrogation techniques include inquiring directly or indirectly, forcing responses, deflating or inflating the ego, minimizing or maximizing the crime, projecting the blame, rationalizing and combining approaches.
- Learning Objective: Explain what significance a confession has in an investigation. A confession is only one part of an investigation. Corroborate it with independent evidence.
- Learning Objective: Describe what a polygraph is, its role in investigation, and the acceptability of its results in court. The polygraph is an instrument used to verify the truth, not a substitute for investigating and questioning. Although the results are not presently admissible in court, any confession obtained as a result of a polygraph test is admissible. --- Computerized polygraphy eliminates most of the mechanical equipment, replacing it with a virtual graph on a computer monitor. The graph can be printed, if desired. In computerized polygraph systems, the software analyzes physiological changes and reports the probability that the person has answered the question truthfully. Sproetniek/Getty Images
- Collaboration between law enforcement agencies is often required for the successful investigation of a crime. Here an ATF and an FBI agent look at a nail found outside of a nightclub that was bombed the previous night. The explosion injured five people. A second bomb was found by police and was detonated at the site. Chappell, T./Reuters
- Learning Objective: Differentiate between information and intelligence. Information or data is not intelligence. Information plus analysis is intelligence. --- Figure 6.7 The intelligence process. Source: Intelligence-led policing: The new intelligence architecture. Washington, DC: Bureau of Justice Assistance, September 2005, p. 6.