SPECIALIZED CRIME INVESTIGATION 2 WITH SIMULATION ON INTERROGATION AND

INTERVIEW

WEEK 2:

Lesson: Fundamentals of Interview and Interrogation

At the end of the discussion, the student will perform the following:

1. Explain the difference between interview and interrogation;

2. Discuss the importance of Miranda Warning; and
3. Explain the difference between confession, admission, extrajudicial
confession and admission, judicial confession and admission and voluntary
and involuntary confession and admission; and
4. Identify and explain the legal requirements of a valid confession.

What is Interview?

Interview could be a method of collecting information or a form of questioning.

1. Interview as a method of collecting information.

Interview is one of the three (3) Is or tools of criminal investigation. It is

employed as method of extracting information from people through questioning.
In that case, even interrogation, field inquiry and elicitation, as long as the
acquisition of information is to accomplish the goal of investigation, may be
considered as interview.

2. Interview as a form of questioning.

Interview may be a form of questioning. When the questioning is simple,

noncustodial, and non-adversarial, and the subject is the victim or the witness, it
is interview.

What is Interrogation?

Interrogation is usually custodial and adversarial, so the investigator must

meticulously prepare for the questioning. He must be smart in formulating questions.
Usually, facts derived from the interviewee’s statements are used in determining the
proper questions to have a confession or obtain salient information from a recalcitrant
subject.

QUESTIONS: IS THE RECITAL OF MIRANDA WARNING PRIOR TO THE CONDUCT

OF QUESTIONING A LEGAL REQUIREMENT?

Scenario: Marietta is a witness to the offense being investigated. She

possesses valuable information that would help the investigator
 pin down the suspect. Does the investigation need to recite the
Miranda Warning before asking Marietta?

Miranda Warning

You have the right to remain silent. Anything you say can and will
be used against you in a court of law. You have a right to an attorney. If
you cannot afford an attorney, one will be appointed for you.

Evidence, Defined. (Section 1, Rule 128)

Evidence is the means, sanctioned by these rules, of ascertaining in a

judicial proceeding, the truth respecting a matter of fact.

NOTE: In resolving a case, the court seeks to know the factual truth. This
truth is established by evidence. The decision of the court is called
judicial truth.

Admissibility of Evidence (Section 3, Rule 128)

Evidence is admissible when it is relevant to the issue and is not excluded

by the law of these rules (pertaining to Rules of Court).

What is Custodial Investigation?

It is the investigation conducted by law enforcement officers after a

person has been arrested or deprived of his freedom of action. It includes
invitation to a person who is being investigated in connection with an offense.

Scenario: Jimmy, a witness, was invited by the investigator to answer some

questions. The main intention of the questioning is to determine
facts from which the investigator will derive information useful in
formulating interrogation questions. However, in the course of
interview, based on the accounts provided by Jimmy, the
investigator realized that the former committed the offense. May
the investigator use the inculpatory statements of Jimmy as
evidence of Jimmy’s guilt in court?

NOTE: Persons placed under investigation for the commission of an

offense have constitutional and statutory safeguards. Such are
rights that must be observed by the investigator. Otherwise,
statements would be inadmissible in evidence in court.

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