Chapter 5: Interviewing and Interrogation
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Chapter 5
Interviewing and Interrogation
Learning Objectives
1. Explain the similarities and differences between interviews and interrogations.
2. Discuss the objectives of interviewing and interrogations as well as the qualifications of
interviewers and interrogators.
3. Understand the importance of selecting the right place and time for conducting an
interview or interrogation.
4. Explain how an investigator should prepare for conducting an interview or interrogation.
5. Understand the importance of witnesses’ motivations, perceptions, and barriers.
Introduction
In every criminal investigation, interviewing and interrogation are among the most important
means of obtaining vital information about a crime. Both require a combination of skill and
training that must be cultivated and practiced. However, not all people who have information
needed by investigators are willing to share it. This is true in both interviews and interrogations.
Witnesses may have varied motivations and perceptions that can influence their responses during
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Lecture Notes
I. The Similarities and Differences between Interviews and Interrogations
Interviews are conversations with witnesses, victims, and even a potential suspect that are used
to obtain information, while interrogations are the formal questioning of a suspect to obtain
incriminating information and are therefore inherently adversarial in nature. While the goals and
II. Objectives of Interviewing
Interviews are conducted for the purpose of gathering information from people who have, or
III. Objectives of Interrogation
Unlike interviewing, interrogation is adversarial in nature and intended to obtain valid
incriminating information, and ideally, a confession in a case. The following are four commonly
recognized objectives in the interrogation process:
IV. Qualifications of Interviewers and Interrogators
The effective interviewer or interrogator must be knowledgeable in the art and science of
criminal investigation and know how to use psychology, salesmanship, and dramatics to improve
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their ability to obtain accurate and high-quality information. For instance, the interviewer or
interrogator must build rapport and make himself or herself easy to talk to. By the appropriate
V. Time, Place, and Setting of Interviews and Interrogation
Law enforcement may conduct interviews in a variety of situations, in and outside of the office.
The most common is the on-the-scene interview. Although convenience of the witness is
important to a successful interview, the interviewer need not relinquish the psychological
VI. The Interrogation Room
The traditional interrogation room should be sparsely furnished, usually with only two chairs.
There should be no physical barriers, such as tables or desks, between the investigator and the
VII. Preparation for the Interviews or Interrogations
The success of an interview or interrogation is often determined by the amount of advance
preparation the investigator puts in before the conversation. The interviewer must be intimately
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A. The Witness
If the interview is to be conducted with a witness other than the victim, the interviewer should
find out as much about the witness as possible before the interview. This includes learning
B. The Offense
It is necessary that the interviewer know what specific crimes were allegedly committed, and
C. The Victim
The interviewer should learn as much as possible about the victim’s background, the nature of
the injury or loss, attitudes toward the investigation, and any other useful information, such as
the existence of insurance in a property crime case.
D. The Suspect
The interrogator must evaluate the circumstances surrounding the conduct of the interrogation
and must begin to evaluate the suspect. An effective interrogator understands that a successful
interrogation cannot be organized and compartmentalized into a neat, orderly, step-by-step
VIII. Witnesses’ Motivations, Perceptions, and Barriers
There are many types of witnesses, and each has different motivations and perceptions that
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influence his or her responses during an interview. There is no way to categorize all
personalities, attitudes, and other character traits. Nevertheless, there are some basic groupings
that can be mentioned:
• Some witnesses may be honest and cooperative and desire to impart information in their
possession to the investigator. Despite these admirable qualities, however, the information
There may be other barriers that must be overcome in order to successfully interview someone
who has knowledge of the circumstances under which a crime was committed. Language
barriers, which may not initially be recognized as significant, may prevent the interviewer from
obtaining any useful information; however, some people may be so talkative and provide so
much information that their motives should be questioned along with the information they
provide.
IX. Interviewing People with Disabilities
Within the special-needs groups are individuals who are blind or visually impaired, deaf or hard
of hearing, mobility impaired, speech impaired, or have cognitive disabilities. The following are
A. Interviewing Individuals Who Are Blind or Visually Impaired
• Investigating officers should speak to the individual when they approach him or her.
• Investigating officers should state clearly who they are and speak in a normal tone of
voice.
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• Investigating officers should tell the individual when they are leaving.
• Investigating officers should not attempt to lead the individual without first asking.
Also, officers should allow the person to hold their arm, thus allowing the person to
B. Interviewing Individuals Who Are Deaf or Hard of Hearing
• Investigating officers, before speaking, should get the person’s attention with a wave of
the hand or a gentle tap on the shoulder.
• Investigating officers should face the person and should not turn away while speaking.
• Investigating officers, when communicating orally, should speak slowly and distinctly.
Investigating officers should use facial expressions to reinforce what they are saying.
• Investigating officers should use visual aids whenever possible such as pointing to
printed information on a citation or other document.
• Generally, for those who are deaf or hard of hearing, only one third of spoken words can
be understood by speech reading.
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language, a qualified interpreter is usually needed to ensure effective communication.
• Investigating officers, when using an interpreter, should look and speak directly to the
deaf person and not to the interpreter.
• Investigating officers should talk at their normal rate or slightly slower if they normally
speak fast.
C. Interviewing Individuals with Mobility Impairments
• Investigating officers should try to put themselves at the wheelchair user’s eye level.
• Investigating officers should not lean on a wheelchair or any other assistive device.
• Investigating officers should never patronize people who use wheelchairs by patting
D. Interviewing Individuals with Speech Impairments
• Investigating officers should not pretend that they understand everything the individual
says. Investigating officers should ask the individual to repeat what he or she said and
then repeat it back.
• Investigating officers should be patient and take as much time as necessary.
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E. Interviewing Individuals with Cognitive Disabilities
• If the surroundings is public area with many distractions, investigating officers should
consider moving to a quiet or private location.
X. Establishing the Competency of a Witness
The term competency refers to a witness’s personal qualifications for testifying in court. Among
the factors an investigator must evaluate in determining the competency of a witness are age,
XI. The Reliability of Eyewitness Identification
Eyewitness identification and other information provided by eyewitnesses to a criminal event
are relied on heavily by both law enforcement and courts in the investigative and adjudication
stages of the system of justice. However, research consistently indicates that eyewitness
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• The significance of the event.
• The length of the period of observation.
• Lack of ideal conditions.
XII. Witness Intimidation
Historically, witness intimidation is most closely associated with organized crime and domestic
violence but has recently thwarted efforts to investigate and prosecute drug crime, gang violence,
and other types of crime.
A. Forms of Witness Intimidation
Witness intimidation takes many forms, including the following:
• Implicit threats, looks, or gestures.
• Explicit threats of violence.
• Actual physical violence.
B. Response Strategies for Addressing Witness Intimidation
The following response strategies provide a foundation for addressing witness intimidation:
• Form multi-agency partnerships.
• Strengthen ties between police and the community.
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C. Deterring Intimidators
The following responses focus on actions that can be taken to deter intimidators:
• Admonish intimidators.
XIII. Documenting Interviews
In many instances, it is desirable for witnesses to write or sign statements concerning the events
of which they have knowledge. The best form of documentation is electronic sound recording or
a sound-and-visual recording of the interview. The recorded interview has many significant
XIV. Documenting Interrogations
Documenting an interrogation consists of three main phases: note taking, recording, and
obtaining written statements.
A. The Use of Electronic Recordings for Interrogations
Electronic audio and video recording of an interrogation is the best means of documentation
and should always be used. While case law and local requirements should be checked for
B. Benefits of Recording for Police Officers and Prosecutors
An electronic recording of suspect interrogation has proven to be an efficient and powerful
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law enforcement tool. Electronic recordings aid investigators conducting interrogations by
doing the following:
• Minimizing challenges about the accuracy and completeness of statements or
confessions.
C. The Written Statement
After the use of electronic recordings, the next-best form of documentation is a signed
statement written in the first person by the suspect in his or her handwriting. The written
XV. Why People Confess
It is human nature to talk, and estimates suggest that 80% of people would confess to a crime if
XVI. False Confessions
A false confession is an admission of guilt followed by a narrative statement of what, how, and
why the confessor committed the crime. Over the years, researchers have reported on numerous
A. Voluntary False Confessions
Voluntary false confessions are those in which people claim responsibility for crimes they
did not commit without prompting or pressure from police.
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B. Coerced-Compliant False Confessions
Like the classical forms of influence observed in psychological studies of conformity,
compliance, and obedience to authority, this type of confession is an act of public capitulation
C. Coerced-Internalized False Confessions
Internalized false confessions are those in which innocent but vulnerable suspects confess and
D. Recommendations to Reduce the Possibility of False Confessions
The following recommendations will do much to reduce the possibility of a false confession.
• Use police skill teams: The teams should consist of seasoned interview specialists who,
through training and actual interview experiences, possess the skills necessary to
conduct successful critical interviews.
XVII. Admissibility of Confessions and Admissions
Prior to 1936, the only test for the validity and admissibility of a confession or admission was its
voluntariness. However, the determination as to whether it was given voluntarily by the suspect
was subject to very loose interpretation.
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A. The Free-and-Voluntary Rule
The first notable incidence of U.S. Supreme Court intervention into interrogation practices
came about in Brown v. Mississippi. In this 1936 case, the Supreme Court held that under no
circumstances could a confession be considered freely and voluntarily given when it was
XVIII. The Delay-in-Arraignment Rule
The facts of McNabb v. United States reveal that McNabb and several members of his family
were involved in bootlegging. They were arrested after the murder of federal officers who were
investigating their operation in Tennessee. The significance of this case is that for the first time
XIX. Interviewing and Interrogation Legal Requirements
A. Preinterrogation Legal Requirements
Preinterrogation legal requirements became of critical concern during the 1960s. As a result,
B. Miranda v. Arizona
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In Miranda v. Arizona the Supreme Court, in a five-to-four decision, spelled out the
C. Suspect’s Response: Waiver and Alternatives
It is common practice for the officer to ask the suspect if he or she understands the rights as
they have been explained. If the answer is yes, then the officer may ask if the subject wants to
talk with the officer. At this point, four alternatives are open to the suspect:
• The suspect may choose to remain silent, not wanting even to respond to the officer’s
question.
• The suspect may request counsel. At that point, the investigator must not undertake any
questioning of the suspect, for anything said will not be admissible in court. In Edwards
v. Arizona in 1981, the Supreme Court held that no police-initiated interrogation may
A person being subjected to in-custody interrogation often chooses not to answer any
questions posed by law enforcement—or at least not until an attorney is present.
D. In-Custody Interrogation
For investigators to understand the proper application of the Miranda requirements, it is
essential they understand the meaning of in-custody interrogation. The Miranda case
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E. Miranda and Misdemeanors
The question of whether Miranda applies to misdemeanor arrests was the subject of
F. Interrogation as Defined by the U.S. Supreme Court
For legal purposes, interrogation includes any express questioning or any verbal or nonverbal
XX. Recent U.S. Supreme Court Decisions on the Right to Remain Silent
On June 1, 2010 the U.S. Supreme Court’s decision in the area of Berghuis v. Thompkins was
decided and shines new light on issues surrounding both the invocation and waiver of the
Miranda right to remain silent.
A. Court Proceedings
Thompkins filed a motion to suppress the statements he made during the interrogation and
claimed his Fifth Amendment right to remain silent had been violated. The trial court denied
B. Right to Remain Silent—Invocation
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In filing his motion to suppress the statements he made during the interrogation, Thompkins
C. Right to Remain Silent—Waiver
Thompkins next argued that absent an invocation of his right to silence, his statements still
should be suppressed because he never adequately waived his right to silence.
D. Salinas v. Texas
In this case, in a 5 to 4 majority decision the Court concluded that the Fifth Amendment’s
XXI. Detection of Deception
A. The Critical Role of the Comfort/Discomfort Equation in Detecting Deception
Those who are lying or are guilty and must carry the knowledge of their lies and/or crimes
with them find it difficult to achieve comfort, and their tension and distress may be readily
observed.
B. Establishing a Comfort Zone for Detecting Deception
In pursuing the detection of deception, investigators must be aware of their impact on the
C. Defining Signs of Comfort
Comfort is readily apparent in conversations with family members and friends. It is easy to
D. Signs of Discomfort in an Interaction
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People show signs of discomfort when they do not like what is happening to them, when they
E. Pacifying Behaviors
Although pacifiers, which are physical behaviors individuals use to calm themselves, are not
alone definitive proof of deception (because they can manifest in innocent people who are
nervous), they do provide another piece of the puzzle in determining what a person may be
truly thinking.
While interviewing an individual, an interrogator can use the following clues to understand
the different pacifying behaviors:
• Expect some pacifying behaviors.
• Get a clear view.
F. Specific Behaviors to Consider in Detecting Deception
Following are some specific behaviors to consider when attempting to determine if a subject
is being deceptive.
• Lack of emphasis in hand behaviors.
XXII. Use of Technological Instruments to Detect Deception
A. Polygraph
The primary purpose of a polygraph examination is to determine if victims, suspects, and
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informants are being truthful or untruthful about what they say. Polygraphs record indicators
B. Computer Voice Stress Analysis
Computer Voice Stress Analysis (CVSA) was originally developed in 1988 by the National