Chapter 19

© 2009 Delmar, Cengage Learning

Interviews

Chapter 19


Objectives

• Describe and understand the process of obtaining sufficient information from the scene

• Describe the creation of an interview plan • Describe the protection of privileged information

and who is entitled to such protection• Describe the Miranda ruling • Describe the various types and methods to

document an interview and the benefits of each


Case Study

• A homeowner noticed burnt circles in his yard• Investigators talked to three families who had

young boys who had been playing with fire• The boys had set campfires in the yard• They had also set some fields on fire and an old

shed• In total, 70 fire events over a 2-year span were

due to these kids playing around• However, there was no malice involved


Introduction • Various types of interviews to be conducted at

any scene – First responder investigator does informal interviews– Assigned investigator handles in-depth interviews

• Reading the Miranda Warning– Courts have ruled that this is a function of law

enforcement personnel• Assigned investigator such as a fire marshal is an

agent of the jurisdiction and even without police powers is considered a law enforcement officer in relation to reading Miranda Rights


Interview Before Digging or Interview After Digging

• Interviewing before digging allows the investigator to get as much information as possible about the scene prior to physical examination – Investigator may tend to look for evidence to support

what he learned in interview rather than looking at the scene with a clear unbiased mind


Interview Before Digging or Interview After Digging (cont’d.)

• Doing the scene examination first allows the investigator to enter with a clear mind– The scene will be examined based on the patterns

and the physical evidence


Witnesses

Figure 19-1 Interviewssometimes may have to be done on the scene,away from the noiseand bustle.


Recording Interviews of Suspects• Arson is a crime of stealth

– Investigator must confront the suspect and attempt to solicit as much information as possible

• Interviews of suspects or persons of interest are likely to be much more structured

• If the investigator desires to record the interview, he or she should have this prepared in advance– Use of recording devices was sanctioned by Supreme

Court


Recording Interviews of Suspects (cont’d.)

• Regardless of whether the interview will be recorded, the investigator must be prepared to document the interview – Not only necessary to prepare a report of the

interview but also important to guide the interview by looking back at items already discussed


The Interview

• Should be remembered that victims may present many and varied reactions – There may be feelings of desperation caused by

financial loss – A person who started the fire intentionally or

negligently may be nervous– Any fire can traumatize the victim


Planning

• Settling in period at the beginning– Questions center around matters to confirm the layout

of the place and the use of various areas

• Investigator should work to develop rapport with the victim prior to any questioning

• Interview witnesses separately to avoid getting a composite view

• Be sure not to overload interviewees with questions


The Communications Process

• Investigator must be a good listener and focus on what is being said and how it is being said

• Focus on the present question and do not think ahead to future questions

• Avoid anticipating what the interviewee will say• Witnesses recall the event as they saw it • Vocal nuance and nonverbal body movements

comprise the majority of the process


Nonverbal Communications

• Watch for facial expressions because they are the hardest for a person to control

• Nonverbal communications are often referred to as body language– Study of such is a key to the veracity or motives of the

speaker – Body language can be significantly influenced by a

person’s culture • Study the normal posture and position of the person

while he or she answers non-sensitive questions


Listen Carefully

• Words spoken can provide a link to the veracity of the statement the person is making

• Truthful statements differ from fabricated ones in both content and quality

• Listen closely for the normal use of words and key in on changes

• For most people, it is difficult to lie overtly• Singular pronouns such as I, me, you, he, and

she show responsibility


Protected Communications

• Times when communications are protected under the rules of evidence – Normally between clergy and parishioner, doctor and

patient, attorney and client, and husband and wife

• To examine privileged communications, there are certain common denominators to be considered– Measure is to establish whether there was an

expectation of privacy


Constitutional Rights

• Miranda v. Arizona is a decision of the U.S. Supreme Court (1966)– Set up guidelines for government interrogation of

suspects – Must be adhered to in order to admit into court the

evidence gained – Miranda Warning is required during any custodial

interview of a suspect– Custody lies in the mind of the defendant

• Does the person reasonably feel free to leave?


Constitutional Rights (cont’d.)

• Age is not necessarily a barrier to interrogation– Miranda is administered to a juvenile in the same

manner as an adult

• Under no circumstances should the investigator attempt to advise the suspect on matters of Miranda

• At any time, the suspect can terminate the interview and invoke his or her constitutional rights


Planning for the Confession

• Interviews often fail when there is not enough time devoted to them

• First part of a criminal interview is to confront the crime

• Questioning should be based on the facts gathered

• Word questions carefully, using professional tones and wording


Planning for the Confession (cont’d.)

Figure 19-6 A typicalgovernmentalinterview roomprovides minimaldistractions for asuccessful event.


The Breaking Point

• Last part of the interview is the breakthrough point

• At this point, the suspect has acknowledged his or her participation in the arson

• May be advisable to ask the suspect to write out the confession


Summary

• First responder investigator has the opportunity to do preliminary interviews

• Assigned investigator needs compassion for the victims

• Everyone involved in the event must be interviewed

• Certain steps taken in the interview of a suspect can provide the best opportunity for critical information as well as a confession

Education

Chapter 19