Smart talk contemporary interviewing and interrogation by gosselin ch12

Techniques for Interrogation Chapter 12 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-1 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Defining the Role of the Interrogator to the Suspect  Interpersonal Theory  Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-2 Humans interact within these two boundaries  Dominance  Affiliation © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Complementary Principle  Two major assumptions Interpersonal behaviors invite reciprocal behaviors  Over time these lead to a repetitive pattern of relating   The interrogator should establish a status role or connect through a rapport relationship Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-3 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Interrogator Relationship   The interrogator should determine if the approach to the interrogation is best made by establishing a status role or connecting through a rapport relationship The overriding consideration is that once the interrogator has taken on a hostile role with the suspect it is impossible to go back and later develop rapport Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-4 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Dominant Relationship Pairing  A person’s recognition of the status of another brings the opposite complementary response in a dominant relationship Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-5 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Expectations: a Dominant Relationship Pairing The suspect will be submissive when the interrogator is dominant  The suspect will be cooperative when the interrogator acts distrustful  The suspect will be friendly in response to the hostile interrogator  Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-6 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Affiliation Relationship Pairing  When a connection develops through rapport the affiliation between the suspect and the interrogator elicits the corresponding complementary response Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-7 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Expectations: an Affiliation Relationship Pairing The suspect will respond friendly when the interrogator is friendly  The suspect will respond cooperatively when the interrogator is cooperative  Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-8 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Purpose of the Interrogation   The primary purpose is to obtain a statement from the suspect that acknowledges or indicates the guilt of that person A secondary purpose is to document the lies when the truth is not forthcoming Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-9 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Confession vs Admission  Both are known as inculpatory statements   I.e., statements that put the blame on someone They are treated the same under constitutional analysis Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-10 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Interrogation Phase I — Preparation Step One: Determine who will interrogate  Step Two: Understand the law  Step Three: Know the case  Step Four: Establish the timing  Step Five: Determine the location  Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-26 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Interrogation Phase II — Develop Outcome-Based Tactics  These are persuasive arguments that are designed to overcome the resistance of a guilty suspect to confess Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-27 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #1: An Appeal to the Suspect’s Self-interest   This is the most frequent tactic used in interrogation Encourage the suspect to “get it off his chest” or to “take this opportunity for his side to be heard” Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-28  Possible fear to overcome: retaliation   Empathize with the dilemma that the suspect faces Their best option is to cooperate with the police © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #2: Confronting the Suspect with Existing Evidence of Guilt  This may involve telling the suspect about physical evidence that demonstrates they committed the crime    Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-29 Possible fear to overcome: paranoia Point to a failed polygraph test as providing evidence of guilt Use the relationship that the suspect had to the victim © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #3: Undermining the Suspect’s Confidence in his or her Denials  If the suspect does not think that the interrogator has sufficient evidence to arrest, they may be reluctant to provide that information during an interrogation Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-30    Possible fear to overcome: fear of arrest A decision may be made to delay the arrest State that “the facts of the case speak for themselves, you only have the option of cooperating at this point” © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #4: Identify Contradictions in the Suspect’s Alibi or Story   The term “because” may be used as a persuasive word Tell the suspect that he or she committed the crime BECAUSE Give examples! Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-31   Possible fear to overcome: fear of financial repercussions Attempt to engage the suspect with why they committed the crime © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #5: Asking Specific Behavioral Analysis Interview Questions  Look for behavioral indicators of nervousness, sweating, or frequent licking of lips or wiping of eyebrows Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-32   The guilt ridden offender may be unwilling to look the interrogator in the eyes The apathetic offender will show defiance by looking the interrogator in the eye with denial © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #6: Appealing to the Importance of Cooperation   Face the repercussions of the criminal act with the offender and suggest they start over through cooperation Alternatively, minimize the repercussions and be compassionate Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-33   Possible fear to overcome: loss of job Loss of status or employment loss is a considerable fear to overcome, determine which approach will maximize cooperation © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #7 Offering Moral Justifications and Facesaving Excuses Possible fear to   Minimize the crime and never refer to it by the legal term Encourage the suspect to express guilt, remorse, or anger towards the victim Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-34    overcome: shame Use empathy to overcome the fear of shame Ask why the offender did the act to allow for face-saving excuses © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #8: Confront the Suspect with False Evidence of This Guilt Possible fear to approach    makes sense when there is more than one person involved in the crime Information provided by one partner can be embellished on and presented as fact to the other Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-35   overcome: blame The suspect who played a minor part will be fearful of taking all of the blame Suggest that the evidence points to him, this is the chance to share the blame with others © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #9: Praising or Flattering the Suspect    Look for evidence that the suspect is insecure Did the suspect appear to take pleasure in the act? Praise and flattery may be a very successful tool to obtain a confession Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-36   Possible fear to overcome: insignificance Praise and supportive statements convey a positive judgment to the suspect © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Tactic #10: Appealing to the Detective’s Expertise and Authority   This requires an over-confident approach by the interrogator It puts emphasis on the status of the interrogator and downplays the ability of the suspect to get away with the crime Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-37   This tactic allows the interrogator to take charge of an interrogation by suggesting that he or she is much smarter than the suspect It is used to break down the confidence of the suspect © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Phase III — Getting the Confession: The Basics        Leave all weapons outside of the interrogation room Don’t verbally back the suspect into a corner Don’t invite a denial, ask for an explanation Don’t interrogate a handcuffed suspect Avoid initial antagonizing Don’t make a cross-examination confrontation Don’t be solicitous or friendly Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-38 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Getting the Confession  Step I: Make the claim Be honest  Use their first name without title  Do not shout  Do not show anger  Be in close proximity to the suspect  Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-39 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Getting the Confession  Step II: Lock it in No further discussion on innocence  Present an excuse for their actions  Give them good intentions  Minimize their culpability in the crime  Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-40 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 ... and others will not talk at all  Do NOT use if the suspect is cooperative, mentally ill, or excessively emotional Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin. .. location of the interrogation  The attitude of the interrogator  Follow through by not arresting the suspect Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-21... impending Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 12-23 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Miranda in a Custodial Interrogation