1. The success of an interview or interrogation depends on a number of personal characteristics and commitments of the investigator. Planning for and controlling the events surrounding both interviews and interrogations are important but are generally viewed as more critical to the success of an interrogation. The success of the interviewer or interrogator and of the interview or interrogation is often determined by the time and dedication committed to preparing for the conversation. The interviewer must become familiar with the facts of the case under investigation and with the victim. The interrogator must learn as much as possible about the offense, the victim(s) and the suspect through the process of collecting, assessing, and …show more content…
When obtaining valuable facts the interrogator should make every effort to obtain accurate information from the source. He or she needs to assess the source correctly by repeating questions at varying intervals. The interrogator, however, is not the final analyst and should not reject or degrade information because it conflicts with previously obtained information. The interrogator's primary mission is the collection of information, not evaluation. Conversely, the interrogator should not accept all information as the truth; he views all information obtained with a degree of doubt. If possible, and when time permits, he should attempt to confirm information received and annotate less credible or unproven information. It is of great importance to report accurate information. The interrogator should also check his or her notes against the finished report to ensure that the report contains and identifies the information as heard, seen, or assumed by the source. One of the key functions of factual analysis during an investigation is to establish an initial expectancy of a suspect's guilt or innocence, which tends to increase the confidence and accuracy in rendering an opinion of the suspect's probable involvement in a crime, once that suspect is interviewed. For example, if a suspect was determined through factual analysis to be probably innocent of an offense, and also exhibited typical truthful behavior during an interview, then the investigator has two sources of
2. List the questions raised about this situation or that you think that the investigators should ask of
Many of today’s interrogation models being utilized in police investigations have an impact on false confessions. The model that has been in the public eye recently is the social psychological process model of interrogation known as the “The Reid Technique.” There are two alternatives used by the police today to replace the Reid Technique, one is the PEACE Model and the other is Cognitive Interviewing. These methods are not interrogation techniques like Reid but interview processes.
When a law enforcement officer or other public employee is accused of potentially criminal conduct, they may face three different kinds of interviews or interrogations. If an officer is interviewed as a criminal suspect, they have the absolute right to decline to answer any questions, or to insist that they have a lawyer of their choosing to attend the interview. The first is type is during a criminal investigation; the second is during a disciplinary investigation and finally during the course of civil litigation where there has been damages. During a criminal interview, there is no professional, ethical or moral duty to participate especially without the assistance of an attorney to represent the officer under investigation. It has come to a surprise that many experienced officers will waive their right to silence and give the investigators an audio recorded statement. Some of the inexperienced criminals do not make incriminating statements. The motive for cooperation is to avoid unfavorable publicity.
When a court decides whether or not to issue a search warrant, the elements of the informant’s credibility/reliability and basis of knowledge are to be used as guides when considering the totality of the circumstances and are
Some general information that the investigator must have knowledge of is The Model Penal Code. The definition for The Model Penal Code is a person is guilty of robbery if they inflict serious bodily harm on another person, threatens or intentionally puts victim in fear of serious bodily injury, or commits or threatens to commit any felony of the first or second degree. Because theft or attempted thefts are the elements of robbery the investigator must have the knowledge to define those elements properly to investigate the case in the proper manner. To thoroughly investigate a robbery and have a successful prosecution the interview must be carefully developed in terms, sequence of individuals involved, and the questions asked should be in sequence. A category plan is used to help determine the interview plan. Physical factors such as age, injury, and race; emotional/physiology factors such as ego and attitude toward police; are all part of the category used to determine the interview plan. Another ethical consideration when investigating robbery is conducting the investigation by the proper protection and search measures of the crime scene. Footprints, fingerprints and fiber traces, saliva, body secretions such as fibers on clothing, trace material from victim on the suspects clothing, physical evidence from where a weapon is recovered, blood samples
The first interrogation we watched in class was that of a 20-year-old named Joshua Tuttle. Mr. Tuttle was being charged with attempted unlawful sexual conduct with a minor. He was messaging and supposed to be meeting up with a girl named Jesse who he thought was 13 or 14. Joshua was the focus of a sting operation and has been featured on the television program “To Catch a Predator”. When we picked up on the interrogation, Joshua was sitting across the table from the interrogator. Joshua’s chair was pushed up against the wall and in the corner of the room. This is good because it is supposed to make him uncomfortable. The table that sat between Joshua and the interrogator was cluttered with papers. This is not good because this gives the suspect something to look at besides the interrogator, which in turn can change the suspect’s body language and or answers.
This method is used exactly the same on both adult and juvenile offenders and it not adjusted to the fit the differences between them. PEACE is a form of investigative interview that is formulated to acquire information rather than gather a confession from a suspect. PACE required all interrogation conducted by police to be recorded. The differences between youths and adults is recognized by PACE and an adult is mandatory to be present during the interrogation of a juvenile. (Feld, 2013)
These interrogatories, and answers hereto, are to include and are to be based upon, information in the possession of or gathered by you, your agents, representatives, investigators, attorneys, and
Victims of various crimes are usually from diverse backgrounds regarding their cultural beliefs, physical abilities, and disabilities as well language among other factors. Therefore, as an interviewer, one should consider all the factors to ensure that the interviewing process goes on smoothly. It is also the role of the interviewer to make sure that even though the factors are considered, there is the least bias in the process to ensure that the prosecution gets the facts right rather than based on the interviewer’s perception (Thakkar, Jaffe & Vander Linden, 2015). Cultural differences and physical disabilities are some of the most common hindrances of communication during
In this case study I will be analyzing the case report written about the homicide of victim, Ashley Nicole Smith. This paper will reflect numerous data stated in the incident report . One of the things that will be covered in the paper is the evidence gathered in this case as well as if the evidence was gathered legally. The strategy and steps used in the case and investigation, along with the way the interrogations were conducted and weather they were conducted legally. Another, big topic that will be covered in this paper is weather the defense has grounds to request termination of all and any evidence, Deoxyribonucleic Acid (DNA), and confessions gathered through-out the investigation and conviction for the murder of Ashely Nicole Smith.
First, it is important to recognize that in both criminal and HUMINT investigations, interrogation typically takes place at a time when there has been no judicial determination that the person being interrogated is guilty of a crime or possesses useful information. Thus, given the considerable resources that may be invested in the interrogation process, especially for intelligence interrogations, one could argue that it is important to have an effective screening process in place to ensure that only those individuals with a relatively high potential for responsibility and/or knowledge
Introduction While watching the video An Overview of Investigative Interviewing, I was able to observe Mrs. Hobbs (the victim) being interviewed about a robbery. In order to conduct a successful interview there are 6 basic steps you must follow. You must have a positive attitude, good opening remarks, you must be able to remove doubt form the victim, have a ventilation period, ask investigative questioning, and carefully confirm the information you have been given (Dave Maze, 2015). The interviewer in Mrs. Hobbs case did follow most of these steps which lead to a successful interview.
Police are allowed to draw inferences of criminal activity based on their experience and knowledge, but those inferences only assist in establishing P/C. knowledge can be drawn from hearsay or from personal observations but must be concrete and specific. (Johnson) However, the elements of the informant’s “credibility/reliability” and “basis of knowledge” are to be used as guides when considering the “totality of the circumstances” and are not to be exclusive requirements applied in every case. (Gates) The totality of the circumstances includes how an informant was obtained, why they are reliable, status, and corroboration of facts. (Gates).
When preparing for an interview, a great deal of thought and consideration needs to be completed before the interview even begins. The person conducting the interview needs to think about where the interview is going to take place, the time of which it will occur at, and what kind of technology will be used. They need to review the file and consider who is being interviewed, what the person has experienced, and how they may be affected. Interviewing someone is a crucial part of policing, and ultimately helps police solve crimes. When it is done properly, it can be very successful, but if it is not done properly, it could ultimately end an investigation. Therefore, an interview can either be successful or not, and here are some points displaying the success and improvements that can be done in interviews.
One of the best training programs to implement into the police department is the Reid interrogation techniques. Interrogation and interviewing techniques became popular in 1947 by John E. Reid and Associates. Joseph P. Buckley stated that “The Reid Technique of Interviewing and Interrogation is now the most widely used approach to question subjects in the world (Buckley P. J., 2000).” There three- parts to the Reid process for solving a crime. The first stage that should be taking is to collect and analyze relative information from the crime scene thing that offers insight to the possible suspect and determine the direction an investigation should take. The second stage of the process interviewing people of interest using Behavior Analysis Interview (BAI) (Buckley P. J., 2000). The Behavior Analysis Interview is a non-accusatory process that allows detectives to interview a suspect using a question and answer procedure to provoke a suspect to show non- verbal truthfulness or deception. The third stage, if the offender has not admitted to the crime an accusatory interrogation is administered (Leave no marks, 2007). The Reid interrogation technique is believed to be a fail proof technique ,however, there are some reservations against using this technique on juvenile offenders (Constitutional Law(n.d). Implementing the Reid technique into the police departments learning curriculum will truly