CDI 4

SPECIALIZED CRIME INVESTIGATION 2 WITH SIMULATION ON INTERROGATION

AND INTERVIEW

LESSON 1
INTRODUCTION TO CRIMINAL INTERVIEW AND INTERROGATION

A. Definition of terms:
1. Interview- Interview is the simple questioning of a person believed to possess information,
which are relevant to the investigation of a crime or on criminal activities.
2. Investigation interview- A conversation designed to gather information and evidence that
is accurate, relevant and complete from subjects/suspects, victims, complainants, informants,
witnesses.
3. Cognitive Interview- is a form or technique in the conduct of interview upon willing and
cooperative witnesses. The full opportunity is given to witnesses for them to narrate their
accounts without intervention, interruption and interference from the interviewer.
4. Question and Answer- is a style of interview are also practiced by some investigators
whereby after each question by the investigator, the interviewee is required to answer on what
he knows about what is being asked.
5. Leading question- A question that suggests to the witness the answer, which the
interviewer desires. This is often answerable by ‘yes’ or ‘no’ and not allowed in interview.
Example:
a. You run after you saw who shot her, right?
b. You were in La Trinidad last week, aren’t you?
6. Misleading Question- A question that assume material facts that not yet proven. It is not
allowed in interview.
a. The defendant owned the firearm from the crime scene, correct?
b. When you saw the suspect holding a gun, what did you do?

B. The Golden Rule in Interview

“Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime
scene.”
C. Qualities of a Good Interviewer
1. Rapport- This refers to the harmonious relationship between the person who will conduct
the interview and the one to be interviewed.
2. Forceful Personality –This refers to assertiveness of the interviewer carrying with him the
ability of being strong particularly in directing the flow of the interview. This is applicable in
cases where the interviewee holds a manipulating personality.
3. Knowledge of Human Behavior –It is commonly observe as dilemma for the
investigators to identify lies in connection with a certain issue in question wherefore, when
an interviewer has background in probing the statements and identifying signs or symptoms
of deception be it physically or verbally.
4. Conversational Tone of Voice- Having a forceful personality should not be confuse with
conversational tone of voice as this refers to manner of how the investigator express
himself/ herself, how he asked questions in a respectful and approachable manner yet
consider as firm.
5. Acting Qualities –This does not purely mean deceiving the person but rather, it focuses
on the ability of the investigator to go down to the level of the person being interviewed. It
 is the ability to unmask the truth by employing ploys or tactics that works to those arrogant,
deceptive, and uncooperative and for the know-all type persons.
6. Humility-This simply refers to being humble, the absence of the bragging personality for
the investigator. An interviewer who knows how to keep his seat intact may reap respect
and trust from the interviewee, the bigger is the chance of easy gathering of information.

D. Interview Format (Ironic)

1. Identity
 The investigator should identify himself to the witness by name, rank and agency.
 he should try to size up the interviewee and reach a tentative conclusion about this type
then use the best interview approach.

2. Rapport
 The investigator must establish good inter-personal relationship with the witness.

3. Opening Statement
 The investigator must explain the reason for contacting the witness.

4. Narration
Allowing the witness to present in a narrative form without injecting questions. This will
allow the continuity and clearness; range of interview is broadened; and it helps the interviewee
recall and relate event in their proper order.
 The interviewer should keep to the point at issue and should not wander too far from it.
 The interviewer should be alert from hearsay information so he can question the
interviewee on the matter later.
 Do not interrupt a trend of ideas by abruptly asking a question. However, you may guide
the interviewee with innocuous questions such as, “and then what did you do?

5. Inquiry
 After the witness has told the story, the investigator can make clarifying inquiries.
 Dominate the interview. Be careful not to allow the interviewee to be the one asking the
question.
 Do not ramble. Have a reason for every question asked.
 Follow the order of time and bring out the facts in that order. This technique is called as
“chronological questioning” and is considered the easiest as people tend to think in terms
of what happened first, second, and then so on. The interviewer should go systematically
in learning all the details concerning the planning and commission of the crime, as well as
what happened after it was committed.
 Exhaust each topic before moving on to the next.
 Determine the basis for each material statement. It might be hearsay.
 Keep your questions simple and understandable.
 The dangers of leading and misleading questions should be borne in mind.
 Wait for the answer to one question before asking a second question.
 Ask important questions in the same tone of voice as unimportant ones.
 As a rule, avoid tricking or bluffing questions.
 Where it is necessary to inquire into the history of the interviewee involving something
unpleasant, it is wise to use introductory remarks deploring the need for the question and
saying that it is one of the unpleasant but necessary duties of the officer.
6. Conclusion
The interview should be concluded when the witness has nothing pertinent to offer.

 Before closing the interview, the law enforcer should make a mental check of the purpose
of the interview and should analyze what he has learned, then decide whether he has
attained his objectives. He should be guided in this respect by the five W’s (what, who,
when, where and why) one H (how).
 The interviewee should always leave the door open for re-interview.

E. Reasons Why Witnesses Refuse to Talk or Testify

1. Fear of reprisal- Some witnesses choose to shut their mouth fearing the revenge by the
perpetrator.
2. Great inconvenience-Some become disinterested to testify as they do not have time or
they see it as a bothersome for them.
3. Hatred against the police- Some witnesses refuses to cooperate with the law enforcers
may be due to lack of trust or unpleasant experiences resulting to bias opinion concerning
law enforcers.
4. Bias of the witness – There are witnesses who may cooperate and divulge information
when they feel comfortable or that that they like the person interviewing them.
5. Avoidance of publicity –Some refuse to be recognize, some fear attention, others feel
that it will affect their personal life so they rather choose to keep silent.
6. Family Restriction – One of the reason why some witnesses refuse to testify is due to
family issues. Some family members hate publicity and criticism that may affect their image.

F. Stages of Handling the Interview

1. Preparation – The investigator should review the facts at the crime scene and information
from other sources in order that he would be ready for the questioning.
2. Approach – The investigator must carefully select his kind of approach, which maybe a
single kind, a combination of two or the application of all techniques.
3. Warming Up – This is done by preliminary or exploratory questions to clear the
atmosphere, promote a conducive ground for cordiality, respect and trust for each other.
4. Cognitive Interview- This is a method of interviewing eyewitnesses and victims about
what they remember from a crime scene. Using four retrievals, focus on making witnesses
and victims of a situation aware of all the events that happens.

G. Rules in Questioning a Person Involved in a Crime

1. Ask Question at a time- to avoid confusion.
2. Avoid implied answers- to elicit factual and firsthand information.
3. Questions should be clearly stated- to establish proper and successful communication.
4. Saving faces- to portray respect towards the witness and professional ethics.
5. Yes and no answers are not allowed- to avoid confusion by misleading the interviewee.

H. Types of Witnesses According to their Attitude

1. Know-nothing Type – These are the reluctant type of witnesses. They are found among
the uneducated and of low level of intelligence.
2. Disinterested Type – This is the uncooperative and indifferent subject. To deal with them
is to find out their field of interest so that they will talk.

3. The Drunken Type – The style of questioning by the investigator should be adapted to the
psychology of the subject.

4. Talkative Type – These are witnesses who are prone to exaggerate, adding irrelevant or
new matters to their narration.

5. Honest Witnesses – These are the truthful and cooperative witnesses where the
investigator could rely upon, with little or no problem in handling them.

6. Deceitful Witness – These are the liar type of witnesses.

7. Timid Witnesses – They are the shy witnesses. The approach must be friendly and
reassuring confidentiality of their information.

8. Witnesses who refuse to answer– These are the most difficult subjects to deal with.
Find out the reasons of their personality.

LESSON 2

II. INTRODUCTION TO CRIMINAL INTERROGATION

An update in the police parlance, the term interrogation was now change to interview
but the purpose of specified and future references, ‘interrogation’ is effective in this module.

A. Definition of terms
1. Interrogation-is the vigorous and confrontational questioning of a reluctant suspect about
his participation in a crime. This process is applicable to an uncooperative or recalcitrant
witness. The purpose of Interrogation is to obtain confession or admission from the suspect
and to learn relevant information from uncooperative witnesses.
2. Confession- is the declaration of the accused acknowledging his guilt arising from the
commission of a crime.
3. Admission- is an acknowledgment of a fact or circumstance without accepting guilt.
4. Extra Judicial Confession – Those made by the suspect during custodial investigation.
Simply explained are that those confessions are made outside of the Court.

Sec 3, Rule 133, Rules of Court – Extra judicial confession, not sufficient ground for
conviction: An extra judicial confession made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of corpus delicti (body of the crime.)

Kinds of Extra-Judicial Confession:

a. Voluntary Extra-judicial Confession- The confession is voluntary when the accused
speaks of his free will and accord, without inducement of any kind, with a full and
complete knowledge of the nature and the consequence of the confession.
b. Involuntary Extra-judicial Confession- Confessions obtained through force, threat,
intimidation, duress or anything influencing the voluntary act of the confessor.

5. Judicial Confession – Those made by the accused in open Court. The plea of guilt maybe
during arraignment or any stage of the proceedings where the accused changes his plea of not
guilty to guilty.

Sec. 2, Rule 129, Rules of Court states that “Judicial Admission is made by the party in
the pleadings, or in the course of the trial or other proceedings do not require proof and cannot
be contradicted unless previously shown to have been made through palpable mistake.”

6. Custodial interrogation or investigation- is the term to denote the investigation

conducted by the investigator on the suspect who is under police custody. This is the stage of
the investigation where there is strict observance of the MIRANDA DOCTRINE.

B. MIRANDA RIGHTS originated from the American jurisprudence (Miranda vs. Arizona).

The Rights of the accused during custodial investigation

a. Right to remain silent.
b. Right to counsel of his own choice and if he has none, the government must provide one for
him;
c. Right to be inform of the nature of the charges against him and whatever he says may be
used for or against him.

These rights could be validly waived in writing and with the assistance of Counsel in order
that the ensuing confession be admissible in evidence. The confession must also be in writing,
signed and sworn to by the accused.

C. THE TECHNIQUES OF INTERROGATION

a. Emotional Appeal – This is a technique where the investigator, combining his skills of an
actor and a psychologist, addresses the suspect with an emotional appeal to confess.
b. Sympathetic Approach – The investigator, in his preliminary or probing questions must
dig deep into the past troubles, plight and unfortunate events in the life of the suspect.
c. Friendliness – A friendly approach coupled with a posture of sincerity may induce the
suspect to confess.
d. Tricks And Bluff Techniques:
(1)The Pretense Of Solid Evidence Against The Accused – The Investigator bluffs
the suspect that even if he will not confess, there is enough evidence to send him to
jail.

(2)The Weakest Link – Among the suspects, there must be a careful selection of who
among them is the weakest link where the interrogation will begin.

(3)Drama – The weakest link maybe used to fake pain and agony by ordering him to
shout, accompanied by banging a chair on the wall to make it appear that a commotion
is going on.

(4)Feigning Contact with Family Members – The suspect could be tricked that the
investigator had gone to the residence and the family members had supplied facts
against the suspect.

(5)The Line Up – The complainant, witness or victim is requested to point positively the
suspect who is among persons in the police line-up.

(6)Reverse Line Up – The suspect is placed among other persons in a line up and he is
identified by several complainants and witnesses who will associate the suspect in
other several crimes.

e. Stern Approach – The investigator displays a stern (demands immediate response)

personality towards the suspect by using the following methods:

1) Jolting – Is the questioning technique where the investigator selects the right moment
to shout to the subject with a pertinent question in an apparent righteous outrage.

2) Opportunity to Lie – The suspect is given all the opportunities to lie.

f. The Mutt and Jeff or Sweet and Sour Method – The first set of investigators must
appear to be rough, mean and dangerous. When they had finished the interrogation, the
second investigator intervenes by stopping the first set of investigators.

g. Removing the Ethnic or Cultural Barrier – If the suspect is an Ifugao, an Ifugao

investigator and the same should interrogate him, the same with other ethnic or cultural
groups.

h. Searching for the Soft Spot – In every man’s heart, there is always that softest spot.
That spots maybe the youngest child, the wife, the mother, and the brother who acted as
his father, the grandparents or the best friend.

D. ADDITIONAL MODERN TECHNIQUES OF INTERROGATION

Actually, these modern techniques are called from the techniques afore-cited. What is
new about them are their names and designations.
1. Rationalization – It is the use of reasons, which is acceptable to the subject that led to
the commission of the crime.
2. Projection – It is the process of putting the blame to other persons, not alone to the
suspect.

3. Minimization – It is the act of minimizing the culpability of the suspect.

LESSON 3

III. TACTICAL INTERROGATION

While interrogation in general is t applicable for all types of questioning, be it an

investigation concerning civil, administrative or criminal, on the other hand, tactical
interrogation is being done due to the necessity of obtaining information of the highest degree
of credibility in the minimum of time. The objectives of interrogation vary and depend entirely
on the situation in which the interrogator fined himself. He must therefore be fully aware of the
objective for each interrogation.

A. Definition of terms:
1. Interrogation – It is the systematic asking of questions to elicit information in the
minimum of time.
2. Interrogator – This refers to the person who does the questioning.
3. Interrogee – It includes any person who subjected to the interrogation process in any of its
forms and phases.
4. Suspect – It refers to any person believed to be associated with prohibited activity.
5. Source – It refers to persons who for any reason submit information of intelligence interest
usually in a voluntary basis.
6. Witness – It denotes to any person who has direct knowledge of facts concerning an event
or activity.
7. Provocateur – An individual from an enemy forces who is deliberately introduce in the law
enforcement custody with a specific mission of causing some unfavorable action or reaction on
our part.
8. Screening – Initial examination of an interrogee to determine the extent of his knowledge
of persons, places, things or events in which we are interested.
9. Formal Interrogation – It refers to the systematic attempt to exploit to an appropriate
depth those areas of interrogee’s knowledge, which have been identified in the screening
process.
10. Debriefing – It is the interrogation of a friendly interrogee who has information at the
direction of or under the control of the friendly intelligence service.
11. Interview – It is similar to debriefing although it is less formal and the interrogee is not
necessarily under the control or employment of the respective intelligence service.
12. Interrogation Report – It is an oral or written statement of information by the
questioning of an interrogee.

B. Forms of Interrogation are:

1. Direct – the subject is aware of the fact that he is being interrogated, but he may not learn
the true objective of the interrogation. This is being used extensively at the tactical level.
2. Indirect – the subject is not aware that he is being interrogated. This is used when time
element is not so important.
C. Types of Interrogation are:
1. Screening – usually accomplished as soon as after capture, apprehension or arrest of an
interrogee.
2. Formal Interrogation (Detailed) – the systematic attempt to exploit to an appropriate
depth those areas of the interrogee’s knowledge, which has been identified in the screening
process.
3. Debriefing – a form of eliciting information which is generally used when the area of
knowledge of the interrogee is known. Maximum used of the narrative and not try to trap the
person being debriefed with leading questions. The debriefer/interrogator must be familiar
with the subject in which the interrogation is being conducted.
4. Interview – the interviewer must be fully aware of the actual type of information desired
and alert on the interviewee’s moods and expression. Must be tactful especially if the source
(interviewee) is to remain unaware of the type of information desired by the interviewer.
5. Interrogation of Lay Personnel (Specific Type) – the techniques used are the same as
in other interrogations, however, especial effort must be made to established a common
frame of reference between the interrogator and interrogee. The amount of information
obtained from this type will depend on the interrogator’s ingenuity in establishing common
terminology which the source can understand and which will enable the interrogator to get
the desired information.
6. Technical Interrogation – the level of interrogation where the source has specific and
such detailed information that requires a trained expert in the subject matter to be explored.
It usually covers the specific subject and time is not as limited as during other interrogation.

D. Phases of Interrogation are:

1. Planning and Preparation
a. Interrogator should keep himself abreast of current developments.
b. The interrogator must observe the interrogee without the latter knowledge to determine
his conditions, habits, emotional and personal appearance.
c. The interrogator must question/interview any guard, or any person available who has the
contact with the source to determine the interrogee’s attitudes, circumstances of capture
and how he has been treated.
d. The interrogator must examine any document found on the source in order to determine
how to open the interrogation.
e. The interrogator must begin immediate screening of the interrogee in order to determine
his particular area of knowledge.

2. Approach (Meeting the Interrogee)

a. The first meeting with the interrogee is extremely critical because the success or failure of
the interrogation may depend on the initial impression created by the interrogator.
b. The main objective is to develop rapport with the source in order to gain his cooperation
and induce him to answer the questions, which will be asked.

3. Questioning
a. The questioning portion is the heart of the interrogation.
b. The interrogator asked questions to obtain the desired information.

4. Termination
 a. Termination of interrogation will depend on various factors such as the physical condition
of the interrogee.
b. The amount of information possessed by the interrogee is so great that it will take several
sessions to complete the interrogation.
c. Interrogation should be ended on a friendly basis leaving the though in the mind of the
interrogee that he may be further interrogated at later date.

5. Recording
a. Interrogator should take notes of the interrogation in a cryptic manner if possible.
b. The interrogator should take notes of the interrogation unless rapport with the interrogee
has been established.
c. It is desirable to record the interrogation with a tape recording device without the
knowledge of the interrogee especially if the later refuses to talk with an interrogator taking
notes. The recorder must be tested before and after the interrogation.

6. Reporting
a. The end product of an interrogation is the tactical interrogation report containing the
information gained. Report must be made orally or in writing depending on the situation.
Normally, an oral report is followed by a written report.
b. The interrogator must remain objective in his report.
c. The interrogator must state which information is factual and which is inferred as well as
differentiate between first hand information and hearsay.
d. The interrogator must be able to evaluate the source as to his credibility.

E. Techniques in Tactical Interrogation

1. Technique Approach- The purpose is to gain the cooperation of the source and induce him
to answer questions that will follow.
1) The “Open Technique” – The interrogator is open and direct in his approach and
makes no attempt to conceal the purpose of the interrogation. It is best employed when
the interrogee is cooperative. It is frequently use at the tactical level where time is a
major factor.

2) “Common Interest” Technique – The interrogator must exert effort to impress the
interrogee of their common interest. The interrogator must look for and point out the
real advantages the interrogee will receive if he cooperates.

3) Record File (We Know All) – The interrogator prepares a file on the source listing all
known information (the record should be padded to make it appear to be very
extensive). The information must contain the life history of the interrogee to include his
activities and known associates( bio-data of the interrogee is important). The “we know
all” is used in conjunction with the record file. During the approach, the interrogator
may asked the interrogee about a subject, if he refuse to, cooperate, the interrogator
may provide the answer in order to impress him that the interrogator knows him very
well. By these, the interrogee may develop a pessimistic attitude, he will, thus consider
it futile to resist because the interrogator has so much information concerning the
subject.
 4) Exasperation Technique (Harassment) – effectively employed against hostile-type
interrogee. The interrogator must be alert because the interrogee may fabricate
information to gain relief from irritation. Subject the interrogee to a longer period of
interrogation without rest or sleep. The interrogator permits the source to go to sleep
and subsequently awakened for another series of questioning (this is done repeatedly).
After many repetitions, the interrogee will be exasperated and will finally cooperate
hoping that he can be allowed to rest and sleep. Ask a question, listen to a reply and
then ask the same question repeatedly (record question if possible). The purpose is to
bore the interrogee thoroughly until he begins to answer questions freely to end the
harassment.

5) Opposite Personalities Technique – also known as the “Mutt and Jeff”; “Treat
and Rescue”; “Bad Guy – Good Guy”; Sweet and Sour”; “Sugar – Vinegar”; &
“Devil – Angel”- Use of two interrogators playing opposite roles.

6) Egotist Technique (Pride and Ego) – usually successful when employed against an
interrogee who has displayed a weakness or a feeling of insecurity. The interrogator
states that if the source had not been stupid, he would never have been captured – the
interrogee will be quick to retort that no one could have escape, then, he may tell why.
The why may reveal the desired information. You may reverse the technique by
complimenting the interrogee in hopes of getting him to admit certain information to
gain credit. Described him as the best. Effective on the source whom his superiors or
comrades have looked down upon.

7) Silent Technique – employed against nervous or the confident type of interrogee.

Look out the interrogee squarely on the eye with a sarcastic smile (forced him to break
eye contact first). He may ask questions but the interrogator must not answer. Patience
is needed. When the interrogator is ready to break silence, he may do so with a quietly
asked question that the interrogee is sure of being a part of the subject.

8) Question Barrage Technique (Rapid Fire Questioning) – intended to confuse the

interrogee and put him into a defensive position. The interrogee becomes frustrated and
confused, he will likely reveal more than he intended, thus creating openings for further
questioning.

E. PHYSICAL SIGNS OF DECEPTIONS

The physical signs of telling a lie are not absolutely bases in saying that a person is not
telling the truth when observed from him/her. Nevertheless, the following shall serve as
additional situations the investigator must have to observe:
1. Excessive Sweating – Profuse sweating indicates tension, anxiety, shock or fear. Extreme
nervousness is also the cause of sweating.

2. Face Color Change – Anger is indicated if the face is blushed.

3. Dry Mouth – This is a sign of great tension and is a reliable symptom of deception.

4. Excessive Breathing – An effort to control breathing during the critical questioning is an

indication of deception. Gasping of breath is the ultimate result of the control in breathing.

5. Increase of Pulse Beat– When observed at the sides of the neck, the investigator will
discover the increase in pulse beat which is indicative of deception.

6. Avoidance of Direct Eye Contact – This may indicate guilt or deception. Misty or teary
eyes indicate remorse or repentance.