09/26 Interview and Interrogation Interview: process of obtaining information from people who have knowledge that may be helpful in a criminal investigation oE.g., witnesses, victims Want them to be comfortable, build rapport. Interrogation: a conversation between an investigator and a suspect that is designed to match acquired information to the suspect and secure a confession. oE.g., suspect, p.c. Also need to build rapport. Figure out what is normal and not normal. Typically, not overly friendly. Need to be more prepared for interrogations; spot lies, know the details of the crime, ask specific questions, have to prove that a offender knew the difference between right and wrong. Similarities Between Interviews and Interrogations (pg. 123) (TEST, need both halves of the difference) Interviews: oPurpose is to obtain information. oMinimal or no pre-interview legal requirements; no rights warning oCooperative relationship between interviewer and subject likely. oNo guilt or guilt uncertain
oModerate planning or preparation oPrivate or semiprivate environment desirable Interrogations oPurpose is to test information already obtained. oExtensive pre-interrogation legal requirements: rights warning required. oAdversarial or hostile relationship between interrogator and subject likely. oGuilt suggested or likely. oExtensive planning and preparation oAbsolute privacy essential Objectives of the Interrogation Process Successful interrogation accomplishes four objectives: o1. Obtaining facts o2. Eliminating the innocent o3. Identifying the guilty o4. Obtaining a confession Can be a whole confession or partial confession. Witnesses Some are honest and cooperative. Some have no desire to give information regardless of what they know. Some are reluctant to cooperate or are suspicious of the motives of the investigator until a rapport is established.
Competency Refers to the witness's personal qualifications for testifying in court. oNothing to do with believability. Reliability has everything to do with believability. oAge oLevel of intelligence oMental state oRelationship to individuals involved in the case. oBackground characteristics (child, mental capacity). Credibility The quality of a witness that renders his or her testimony worthy of belief. oDoes the witness have a particular bias? oDoes the witness have physical or mental impairments? (drunk, high, blind) oWhat physical conditions existed? oWhat is the witness's reputation for being truthful? oWas the witness conscious at the time of the event? Legal Requirement (TEST, will have to write it out) Miranda oThe right to remain silent. oThe right to be told that anything can and will be used in court.