By James W. Osterburg and Richard H. Ward Copyright © 2007 Matthew Bender & Company, Inc., a...

By James W. Osterburg and Richard H. Ward

Copyright © 2007Matthew Bender & Company, Inc., a member of the LexisNexis GroupNewark, NJ

877-374-2919

Interviews:Obtaining Information from Witnesses

Osterburg & Ward, 2007

Sensory input Memory Information retrieval

• Recall Bring a previous event back from memory

• Recognition Remember an event after cue is provided

Role of Perception and Memory

Osterburg & Ward, 2007

Memory-event similarity

Focused retrieval

Extensive retrieval

Witness-compatible questioning

The Cognitive Interview

Osterburg & Ward, 2007

Interrogation:Purpose and Principles

Osterburg & Ward, 2007

Accusation

Belief that evidence is available

Forces (friendly and hostile)

Guilt feelings

Confession

Horowitz: Basic Concepts

Osterburg & Ward, 2007

Conditioned reflex

Intensity of signal

Anxiety waiting

Alternate signals

Physical condition

Pavlov: Basic Concepts

Osterburg & Ward, 2007

Interrogation of Suspects

and Hostile Witnesses:

Guidelines and Procedures

Osterburg & Ward, 2007

Right to remain silent Anything said can be used against

suspect Right to counsel Counsel for indigent defendants Wish to remain silent Waiving of rights Admission of statements

Miranda Guidelines

Osterburg & Ward, 2007

Visit crime scene or review crime scene photos

Review file and be familiar with details

Be aware of physical evidence

Learn as much about subject as possible

Ascertain which elements can be proved by evidence

Preparing for Interrogation

Osterburg & Ward, 2007

Pay attention to:

Dress and appearance

Diction

Mannerisms

Attitude

Take command of the situation

Creating the Tone for Interrogation

Osterburg & Ward, 2007

Recording confessions

Videotaping some types of cases

Reducing confession to writing

Witnessing the confession

Time and Personal Needs Register

Documenting the Interrogation

Osterburg & Ward, 2007

Be Nice!

Composite Picture- An image of a suspect produced by an artist or kit using witness descriptions

www.uclan.ac.uk/.../Frowd_et_al._(2006)_-_OperationMallardAndMorphing.doc (Accessed 7/16/09)

http://www.iqbiometrix.com/success_stories_front_line_stories.html (Accessed 7/16/09)

Eyewitness Evidence- First- hand testimony or information related to what a person observed

Artificial Stimulus- Stimulus that by repeated association cad be substituted for natural stimulus, Pavlov’s conditioned reflex

Third Degree- The extraction of confessions by brute force (Wickersham Commission)

Exculpatory- Evidence which may justify ,excuse or explain a suspect’s actions, and which may show the suspect is not guilty or had no criminal intent

What are the different types of homicides?

What is the difference between a homicide and a suicide?

http://www.amazon.com/Final-Exit-Second-Practicalities-Self-Deliverance/dp/0440507855 (Accessed 10/7/09)

(Osterburg & Ward , 2007, p. 386)

How can a body provide evidence to the investigator?

(Osterburg & Ward, 2007, p. 138)

(Osterburg & Ward, 2007, p. 211)

(Osterburg & Ward, 2007, p. 355)