Reid Interrogation 121208
Reid Interrogation 121208
Step One:
DIRECT POSITIVE CONFRONTATION A. "I have in this file the results of our investigation into the (issue). The results of the investigation clearly indicate that you are the person who (issue)". Behavioral pause to assess the verbal and nonverbal reaction. Truthful Reaction: Nonverbal Leans forward Maintains eye contact Sincere expression of Shock or disbelief D. Deceptive Reaction: Nonverbal Slouches in the chair or moves it back Drops eye contact Changes posture (barriers) E. Verbal Says nothing Vague, evasive denial Weak tone of voice Verbal Spontaneous, sincere denial Firm, strong tone of voice Hostile or angry
B. C.
Transition - "I want to sit down and spend some time with you to see if we can get this thing straightened out. Here is what I think that we are looking at Sit down Place file on the side Assume interrogational posture Begin Theme development
Nine Steps of Interrogation Alternative Confrontation Statements Jim, the results of our investigation indicate that you have not told me the complete truth about (issue). or, the results of our investigation indicate that you are still withholding information about (issue). (When multiple subjects have been interviewed, an alternative confrontation statement that may be appropriate is: Jim, as you know Ive interviewed everyone in the area and you are the only one we can not eliminate from suspicion. Step Two: A. THEME DEVELOPMENT In a monologue the interrogator proposes to the suspect reasons and motives that will serve to psychologically justify or excuse the suspect's criminal behavior. General Rule: attempt to place the blame for what the suspect did on some person or set of circumstances other than the suspect himself. The theme is developed as to why the suspect committed the act, not if he committed the act. Theme statements: Youre a good, honest hard working person who made a mistake in judgment due to (shift the blame) someone elses carelessness; someone elses idea; financial pressure; victim; etc. Contrast with something more serious Use personal stories (self, family, friend, or a subject in a similar situation)
B.
C. D.
Example of Theme Language Its like a snowball at the top of the hill. Right now it hasnt started rolling down yet, but if you dont tell the truth now, its like youre letting the snowball roll down the hill and the bigger it gets the more difficult it is to stop it. I dont want to see that happen to you where this thing gets so big that it would be very difficult to correct. Now is the time to get it straightened out to tell the whole truth. A lot of times it isnt so much what a person has done as it is how they feel about it afterwards. And if a person is sorry for what they did if they feel bad about what they did that would be important to know. I think you are sorry you did this, arent you? Example of Theme Language I think you were just in the wrong place at the wrong time. I see a lot of good kids that get involved in situations simply because they were at the wrong place at the wrong time, and I think that is what happened here. Step Three: A. HANDLING DENIALS Many deceptive suspects introduce their denials with permission phrases: "Can I say one thing?" "Just let me explain..." "But sir...". B. The interrogator, using verbal statements and non-verbal gestures, interjects before the words "I didn't do it" are voiced. Use first names and command phrases, such as: Bill wait just a minute Mary hold on for a second Jim let me just explain one thing
C.
Combine with physical gestures: stop sign with hand; turning your head away D. Truthful suspects usually do not ask to talk, and they do not move beyond step three - their denials strengthen
Nine Steps of Interrogation Step Four: A. OVERCOMING OBJECTIONS An objection is a statement or reason that is offered to allegedly prove that an accusation is false: "I don't need any money Ive got plenty of money" in the bank. Normally offered by only the guilty. Introductory phrases are used to indicate an objection: "That's impossible"; "That's ridiculous"; "I couldn't have done that". When the objection follows, use statement of agreement or understanding, and discuss how bad it would be if the objection was not true. D. S: I: S: I: Sample Dialogue: I would never do something like that. (Introductory phrase) Why is that Jim? (Draw out objection) I dont need money; I have plenty of money in the bank. (Objection) I hope thats true Jim, because then that tells me that this was a spur of the moment thing where maybe you needed some money right away and it was left out when it shouldnt have been and you gave into temptation. (Positive discussion indicating that if the objection was true then that speaks favorably for the subject) On the other hand Jim, if you didnt have any money then that tells me that you were looking for an opportunity to do something like this and that it was probably planned out. ( Negative discussion indicating that if the objection was not true then it speaks poorly for the subject) But Jim, I dont think that you planned this thing out. Step Five: PROCUREMENT AND RETENTION OF SUSPECT'S ATTENTION A. B. C. The suspect is on the defensive, may withdraw and focus his thoughts on punishment. Interrogator attempts to regain the suspect's attention by intensifying the theme and by establishing physical closeness. Physical gestures of sincerity are used to establish attitude of understanding.
B. C.
5 Nine Steps of Interrogation Step Six: HANDLING SUSPECT'S PASSIVE MOOD A. The suspect is becoming less tense, appears defeated, is listening to your theme and may begin to cry. Handling tears: Do not stop; do not embarrass the subject Congratulate them Im glad to see those tears because that tells me that youre sorry, arent you? Arent you? Intensify the theme and brief it down to one or two sentences, underlying the essential elements. Begin introducing the components of the alternative question while remaining in close physical proximity.
B. C.
Step Seven: A.
PRESENTING AN ALTERNATIVE QUESTION The alternative consists of a question in which the suspect is offered two incriminating choices concerning some aspect of the crime - based on an assumption of guilt. The alternative should contrast an desirable action (good reason) with an undesirable action (bad reason). The alternative should be followed by a supporting statement in which the interrogator tells the subject that he thinks it was done for the good reason. Examples: Did you plan this thing out or was it just something that happened on impulse? Im sure it was just on impulse, wasnt it? Has this happened several times before or was this the first time? Im sure it was just the first time, wasnt it? Did you need the money to take care of your family or were you just going to use it for gambling or to buy dope? You were going to use it for your family, werent you? Was this your idea or did your buddies talk you into it? I think you got talked into it, didnt you?
B. C. D.
6 Step Eight: A. HAVING SUSPECT RELATE THE VARIOUS DETAILS OF THE OFFENSE Following acceptance of an alternative, use a statement of reinforcement: "Joe, I was sure that that was the case all along". Use open ended questions to obtain details of the offense. Obtain corroboration - facts that only the guilty would know. CONVERTING AN ORAL CONFESSION INTO A WRITTEN CONFESSION Use third party to witness the oral confession. Forms of written confession: written by suspect, written by interrogator, recorded, taken down by stenographer. Establish the voluntariness of the statement
B. C. Step Nine: A. B. C.
INTERVIEW OUTLINE *
* This condensed outline was prepared by Mr. Steve Greiner, Dean at Crystal Lake Central High School
and is included with his permission. Speak with the least likely person first SETTING should be private, no distractions, no physical barriers, ability to frontally align RESPONSES read truthful/deceptive behaviors in clusters (verbal & non-verbal)
ATTITUDE
TRUTHFUL Composed Concerned Cooperative Open Direct Sincere DECEPTIVE Overly anxious Unconcerned Defensive Overly polite Evasive Complaining Guarded TRUTHFUL
POSTURE
DECEPTIVE Slouched Create barriers Erratic changes Fixed and immobile No frontal alignment SPC made during response to key questions. Upright, but not rigid Frontally aligned Leaning forward with interest Open Fluid posture changes SPC not made during response to key questions
GESTURES
TRUTHFUL DO NOT fidget while answering key questions DECEPTIVE May fidget Pick, pull, rub, wringing hands Tapping Cover mouth or eyes Touch nose
VERBAL RESPONSES
TRUTHFUL Denies in general Realistic words (Steal, murder, possession) Memory-reasonable Responses Direct Spontaneous DECEPTIVE Deny in specifics Less harsh words (Take, borrow, may have contact) Memory-too good or too bad Responses Mental block Mumbles I swear to . To be honest Not showing possession my, their, his
EYES
TRUTHFUL Makes eye contacts DECEPTIVE Avoids eye contact during key questions
Develop information to ascertain motive and opportunity Behavior provoking questions Different Types Name dropping, validation, punishment, thinking, second chance, investigative, & bait Truthful answers will differ from deceptive answers (examples for types given) Start off Jim, do you know what the purpose of this interview is?
Principle-truthful people feel free discussing the issue and offer specific details Truthful people-spontaneous, absolutely not no way Deceptive people- Stalling Ah...me? may repeat the question, may nod no Jim, we are investigating _____ . If you have anything to do with that, you should tell me that now
Helpful Hints
Principle--truthful people offer spontaneous, direct and sincere denials. Truthful-- spontaneous, absolutely not no way Deceptive-- Stalling Ah...me? may repeat the question, may nod no Jim, do you know who__? Now, let me say this, if you have a suspicion I want you to tell me that, even though you may be wrong. I will keep it confidential and not report it to that person. Jim, who do you think ___.
Name Dropping
Principle-- when a name is offered, with substantiation, it is usually from a truthful person. Truthful-- Helpful, Maybe Mike, he was really mad at Jon or I heard rumors that.... Deceptive--How would I know, I have no idea, Almost any one could have...
9 Validation Jim, is there anyone here at school, that you know well enough that you could vouch for; someone that in your opinion would not be involved in doing something like this?
Principle--truthful people usually eliminate other individuals from suspicion. Truthful--may be able to eliminate, or have good reasons why not. Deceptive--I have no idea, could have been anyone, eliminate no one.
Punishment One Subject: Jim what do you think should happen to the kind of person who..... Multiple subjects Jim, what do you think should happen to the person who..... Principle--truthful people usually offer appropriately strong punishment Truthful--Appropriate type of discipline- Jail, arrested, suspension, expulsion. Deceptivethats not up to me, I dont know, depends on why they did it, sorry. Jim, did you ever think about ____ even though you didnt go through with it?
Thinking
Principle--truthful people offer direct denials, especially as the seriousness of the issue escalates. Truthful--no way, never Deceptivenot really, yeah, but not seriously, yeah...but I think everyone does. Jim, do you think that the person who did this (or the kind of person that would do something like this) should be given a second chance? OR If a person came forward and admitted (insert crime) should they be given a second chance?
Second Chance
Principle--truthful people usually reject the idea of leniency--no second chance Truthful--no way, they will just do it again. Deceptivenot for me to say, depends on what they say, I dont see why not. Jim, how do you think this investigation will come out on you?
Investigative
Principle(see Start Off principle) truthful people will want to exonerate themselves. Truthful--Ill be proven innocent. DeceptiveUse qualifiers such as it should prove Im innocent.
Bait questions: The interviewer implies the possibility of developing incriminating evidence, and asks the subject how he would explain such evidence. Jim, is there any reason people would say you did this or Why do you think someone would do this? Im not saying that you did this, but is there any chance that I may find someone who saw... Principle--truthful subjects usually spontaneously reject the implication of the Bait Q Truthfulspeaks in absolutes- No way you will find people/evidence because I didnt do it. Deceptive--..Ah.....no hesitation and uncertainty maybe or I dont know
INTERROGATION
(will be referred to as examination in the education field) Begin this step if you are reasonably certain of guilt. Prepare a folder/file-subject does not know what you have collected or not, to bring in with you. Start the examination of the subject by standing in front of or by the guilt person. YOU do all of the talking, dont give them a chance
Listed below are the sequences to a good examination. The most important steps here are # 2, # 3, and # 7 1. DIRECT POSITIVE CONFRONTATION STATEMENTS I have in this file the results of our investigation into ____ . The results of the investigation clearly indicate that you are the person who______ OR --a little more gentle approach I have the results of the investigation into ____. The results clearly indicate that..... a) you have not told me the complete truth b)you are still withholding information about_____. OR --an approach for situation with multiple subjects We have interviewed everyone in the area and you are the only one we could not eliminate from suspicion PAUSE 3-4 SECONDS-- Assess the verbal and non verbal reaction TRUTHFUL lean forward maintain eye contact sincere expression of disbelief spontaneous firm denial, strong firm tone. They are not just going to accept it. DECEPTIVE drop eye contact move away say nothing change posture vague evasive denial weak tone TRANSITION: 1. Sit down, facing subject 2. Place file on the side 3. Begin Theme Development
I want to sit down and spend some time with you to see if we can get this thing straightened out. Here is what I think that we are looking at....
11 2. THEME DEVELOPMENT --WHERE MOST OF THE TIME IS SPENT-In a monologue, the examination proposes to the subject reasons and motives that will serve to psychologically justify or excuse the suspects criminal behavior. GENERAL RULE- attempt to place the blame for what the suspect did on some person or set of circumstances other that the suspect himself. ALWAYS ASK YOURSELF WHERE CAN WE SHIFT THE BLAME??? The theme is developed as to WHY they committed the act NOT if they did it! EXAMPLE THEME STATEMENTS a. Your a good honest hard working person who made an error in judgment due to Good person in wrong place at the wrong time b. Contrast what a person has done with something worse-- You werent hurting anyone, you werent dealing no one got hurt c. Personal stories (fictional) of a similar nature I had a friend/cousin who did this I was young.... d. Not so much what you did, but that you are sorrythat makes a huge difference. 3. HANDLING DENIALS Subject will denial any involvement Cut them off!! ---Interject before they have a chance to deny by using the following phases/gestures: First names (JimJimJim) Command phrases, and physical gestures ( hand up, turn head away) Jim, wait just a minuteJim, hold on for a secondJim, let me explain something ....
when
4.
OVERCOMING OBJECTIONS Use a statement of agreement or understanding Discuss how bad it would be if the objection were not true. Thats ridiculous Thats impossible I couldnt have done that I dont need any money, Ive got plenty in the bank
5. PROCUREMENT AND RETENTION OF THE SUBJECTS ATTENTION Attempt to regain the subjects attention by intensifying the theme and physical closeness. Physical gestures of sincerity are used to establish an attitude of understanding. 6. HANDLING A SUSPECTS PASSIVE MOOD Suspect is listening to theme, becoming less tense, appears to be defeated
12 Begin introducing components of the alternative question (see #7), stay physically close. Tears: Beginning of a confession --dont stop talking, dont embarrass them. Intensify the theme--cut down to 1-2 lines emphasizing the most important elements. Jim, Im glad to see those tears, it shows me your sorry, arent you, arent you, arent you? 7. PRESENTING THE ALTERNATIVE QUESTION The alternative should contrast a psychologically good reason with a psychologically bad reason and be followed by a supporting statement in which you tell the subject that you think it was done for the good reason.
EXAMPLES: Jim, did you plan this out or was it impulse? It was impulse wasnt it Jim Jim, is this something that has happened before or was it the first time? It was the first time wasnt it Jim? Jim, did you need the money for your family, or did you use it to buy drugs? it was for your family, wasnt it Jim Jim, was this your friends idea or was it your idea? It was your friends idea, wasnt it Jim? IF NO RESPONSE: Jim, if you dont say anything to straighten this out, you are allowing people to say the worst about you
8.
HAVING SUSPECT RELATE THE VARIOUS DETAILS OF THE OFFENSE Following acceptance of an alternative use statement of reinforcement o Jim, I was sure that was the case all along. Use open ended questions to obtain details of the offense. Obtain corroboration--facts only the guilty would know.
9. Converting an oral confession into a written confession Use third party to witness the oral confession Forms of written confession--written by suspect, written by interrogator, recorded, taken by stenographer. Establish voluntariness and full, detailed substantiation.
13 If you realize during the examination, that the subject is not guilty, start to back down from the subject being the key person to a. You know who did b. You know something about. c. You withheld about DO NOT APOLOGIZE. PRACTICAL EXAMPLE FOR A THEMED EXAMINATION Money stolen from locker in PE, the interview of several students has led you to believe Jim is the person who stole the money. Jim, we have interviewed all the people in the area at the time of the theft, and you are the only one we could not eliminate from suspicion 1. WAIT 3-4 SECONDS--Assess the verbal and non-verbal reaction I want to sit down and spend some time with you to see if we can get this thing straightened out. Here is what I think that we are looking at...... 2. SIT 3. PLACE FILE TO SIDE 4. ASSUME THE INTERROGATION POSTURE Jim, I know that you are a good, hard working person (start the yes head nodding) who just made an error in judgment due to Johns carelessness, if he wouldnt have left his locker open, there would have never been a problem. When people leave things out and not locked up, what do they think is going to happen, these people create their own problems.(nodding) I know that you are a good person who made an error in judgment. Its not youre fault that he left his locker open, he needs to be more responsible for himself, John creates this situation, and by no fault of yours, youre put into the situation that John created by his own carelessness, not locking the locker, these things are going to happen. John should have locked the locker, plain and simple, what did he expect? I know that youre a good hard working person that just made an error in judgment due to Johns carelessness
5. MOVE IN PHYSICALLY a. physical gestures of sincerity to establish attitude of understanding b. If needed: Hand up, turn head away if subject is trying to speak, then reply with Jim, let me explain something then continue with theme (see above) OR c. If subject begins to cry Jim, Im glad to see those tears, (if applicable) it shows me youre sorry, arent you arent you, I know that youre a good person that made an error in judgment, and youre sorry, I know that youre a good person that wants to do the right thing, I know the only reason you had the error in judgment is because of Johns carelessness and I know that you want to make this right. Now the first thing that you need to do to make this right is to be sorry for what happened. Now I know that you want to do the right thing because
14 youre a good person and youre sorry, and you want to make things right. Right? I know you do. Youre sorry, right Jim? Youre a good person that made an error in judgment and youre sorry, and you want to do the right thing, after all, it was just an error in judgment, it doesnt mean youre a bad person, good people make mistakes....GET CLOSE.. keep talking and start introduction of alternative Q...Keep working to get the head nodding yes Jim, has something like this happened before or is this the first time? It was the first time, wasnt it Jim? Wasnt it, it was, wasnt it? I know that youre a good person that just made an error in judgment, and I know that youre a good person and want to do the right thing, it was the first time, and youre sorry, and you want to do the right thing, right Jim? Jim? Jim? Isnt that right Jim? Nodding......If necessary......Jim, if you dont say something to straighten this out right now, you are allowing people to say the worst about you, and you dont want that, youre not that kind of person, youre a good person that made a mistake, it was the first time, and youre sorry, ....keep nodding.... that's what happened isnt it, Jim, Jim, Jim........after getting the nod...Jim, I knew that was the case all along...