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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)