LESSON

PROPER

INTERVIEW AND INTERROGATION

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. In an interview, the interviewee
is willing and cooperative with person conducting the interview.

General Kinds of Interview

1.Cognitive Interview
 This is conducted to willing and cooperative
witnesses, where they are given the full
opportunity to narrate their accounts
without intervention, interruption and
interference from the interviewer. After the
subject finished his/her narration, the
investigator now subjects him/her to the
style of direct examination and cross
examination, to clarify the unexplained
portions to arrive at a vivid and complete
picture of the testimony.

2.Question and Answer

 This is interview as practiced by some investigators requires the interviewee is
required to answer on what he/she knows about what is being asked. In the
case of subjects of low level of intelligence, the use of leading questions greatly
helps the investigator to obtain the full and desired in formation.

“The RIGHT person asking the RIGHT question

To the RIGHT person at the RIGHT place
And at the RIGHT time will get the RIGHT answer”.

Golden Rule in Interview

“Never allow the interviewer to conduct nor let anyone to conduct an interview without
prior visit to the crime scene”.

The questioning should be in agreement with facts and conditions at the crime scene. The
questioning will lead wayward for the interviewer who had not seen personally the crime scene
and he/she will not be in a position to distinguish half-truths, exaggerations of falsehood from
the answers of the person being interviewed (Sadili & Pena 1998).

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QUALITIES OF A GOOD INTERVIEWER
1. Rapport. It refers to the good relation between the interviewer and the interviewee,
which is conducive to a fruitful result. It
is winning the confidence of a person
being interviewed in order that he will
tell all the information in his/her
possession. The interviewer must be in a
respectable civilian attire because , most
often and the majority of people, the
police uniforms is barriers in establishing
good rapport. To many, the uniform is
intimidating.

2. Forceful Personality. The appearance of

the interviewer and other qualities such
as skills of communication techniques or
the force of language are the mainstays
of the strength of his character. He/she must be understanding, sympathetic and
without showing official arrogance, vulgarity of expressions and air superiority.

3. Knowledge On Psychology/Psychiatry. This will help the interviewer determine the

personality and intelligence of the subject; he/she must go down and up to the level of
understanding of his his/her particular subject.

4. Conversational Tone of Voice. Investigator’s tone of voice must be conversational, not

confrontional as in interrogation. It means that the interviewer must know how to
appropriately use his/her voice normally, without unusual loudness that may affect the
interview process.

5. Acting Qualities. He/she must possess the qualities of an actor, salesman nd psychologist
and know how to use the power of persuasion. This is done to convince the person to
disclose what he/she knows about the issue being investigated.

6. Humility. He/she must be courteous, sympathetic and humble, ready to ask apologies
for the inconvenience of the interview. This is usually done at the end of the interview
that may give a good impression to the person being interviewed( Garcia,2004).

REASONS WHY WITNESSES REFUSE TO TESTIFY

1. Fear of Resprisal. Witnesses who lack the courage to face the suspect, his associates or
relatives always entertain the fear or reprisal. This is natural, especially those who have

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 no means to protect themselves, or no influential persons for them to rely on. This is
prevalent among the generally underprivileged sectors of our society. The investigator
must remove these fears from the mind of his/her witnesses either by offering protection
or by the explanation that unless the suspect is not put behind bars, the fear will not
disappear the investigator’s power of persuasion plays a vital role.

2. Great Inconvenience. On the part of those of hands- to-mouth existence there is this real
inconvenience, which will deprive them the time to earn for their living especially during
the ordeal of testifying during the trial. To those unemployed the inconvenience is
greater thus the investigator must sincerely help them through his/her contacts with the
business community.

3. Hatred against the police. This hatred maybe due to previous bad experience with rogue
members of the police organization. The investigators must show the difference
between him/her and the rogue policeman by honest and sincere entertainment of
the complaint against the rogue cops. He/she must explain that these scalawags
represent only small percentage of a whole organization and the police leadership is
addressing the situation properly.

4. Because of bias of witness. The witness maybe an acquaintance, friend, helper,

benefactor of the suspect all of these and other relationship of the witness to the suspect
must be explored so than an intelligent approach properly applied.

5. Avoidance of publicity. There are witnesses who are shy they shun publicity that will
bring discomfort to their ordinary or obscure way of living. The investigator must hide
these witnesses away from reporters.

6. Family Restriction. Some famous and respected families preserve their reputations by
instlling to their members the need of the approval of their elders on matters affecting
the families. The investigators must talk to the elders for the approval for a members to
testify.

PHASE OF INTERVIEW
1. Preparation. Investigator must review the facts at the crime scene and information from
other sources in order that he/she would be ready for the questioning. A background
data of the subject should be available so that he/she could adapt himself/herself to the
kind of approach to be employed.

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 2. Approach. This is done through investigator’s careful selection of the kind of approach
to use, 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 and promote a conducive place for cordiality, respect and trust for each
other.

4. Cognitive Interview. This is performed by allowing or already asking now the subject to
narrate his/her account without interuption, intervention or interference. It is only after
the completion of the uninterrupted narration that the investigator begins trhe direct
and cross-examinations.

RULES IN QUESTIONING
1. One question at a time. Multiple, complex and legalistic questions should be avoided.
One question at a time is desired.

2. Avoid implied answer. The nod of the head or any other body language as a response
to the questions should be avoided. The
answer must be oral, clear, explicit and
responsive to the questions.

3. Simplicity of questions. A short simple

questions at a time is required. If the
answer needs qualification, then, it
should be allowed. Avoid legalistic
questions such as: who is the murderer;
or who are in conspiracy with the
subject.

4. Saving face. Embarrasing questions on the subject on matters of exaggeration or honest

errors about time, distance and description can be avoided if the investigators will
cooperate with the subject “ to save his face”. The investigators should not fault or
ridicule the subject on these matters.

5. Yes and no answer. Do not ask questions which could be answered by yes or no only.
It will curtail the comlete flow of information and will lead to inaccuracy

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TYPES OF WITNESSES
1. Know-nothing type. This is reluctant type of witness. It is found among the uneducated
and of low level -of intelligence. The technique to be applied is to be with their level of
intelligence and by interrogation.

2. Disntirested type. This refers to an uncooperative

and uindifferfent subject. To deal with this type is to
find out his/her field of interest so that he/she will
talk. His/her indifference should be demoslished to
arouse interest or be flattered instead.

3. The drunken type. The style of questioning by the

investigator should be adapted to the psychology
of the subject. When the drunken subject has
sobered, another interview will be conducted,
confronting him/her about disclosures while in the
state of drunkenness. The written statement must
be taken during his/her sobriety.

4. Talkative type. This is a witness who is prone to exaggerate, adding irrelevant or new
matters to their narration. The skillful investigators could prone the unnecessary matters
from the relevant ones.

5. Honest witness. This is the truthful and cooperative witness. Where the investigator
could rely upon, with little or no problem in handling them.

6. Deceitful witness. This is liar type of witness. Let him/ her lie and order later to repeat
several times the narration. He/she will be enmeshed in contradictions, if possible, the
lies must be tape recorded for the confrontation about the lies the contradiction.
Pressure him/her for possible cases of perjury or obstruction of justice and he/she will
tell the truth.
7. Timid witness. This is a shy witness. The approach must be friendly and reassuring
confidentiality of the information. It should be hidden from the devouring press by
interview or photo sessions.

8. Refusal to talk witness. This is the most difficult subject to deal with. Find out the reasons
of his/her personality such as: trauma, shock, fear, hatred, and others. Remove these
fetters of silence so that he/she start talking.

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What is Interrogation?
Interrogation is the vigrous and confrontational questioning of a reluctant suspect about
his/her participation in the commission of crime. It is confrontational in the sense that the
investigator places the guilt on the accused. This process could also be applied to an
uncooperative or recalcitrant suspect/ witness.
Interrogation is one of the most difficult but most interesting phases of criminal
invesrtigation and detection. It is a challenging battle of wit between the investigator and the
suspect. It is a mental combat where the weapon is intelligence and the use of the art. Victory
depends upon proper and effective use of the art. Witnesses or victims are interviewed, and
suspects are interrogated

GOALS OF INTERROGATION
1. To find out the truth about the crime
2. To obtain an admission or confession of guilt from the suspect.
3. To gain all facts in order to determine the method of operation or modus operandi and
the circumstances of the crime in question.
4. To collect information that guides investigators to arrive at a logical conclusion.

What is the main purpose of interrogation?

The main intention of interrogation is to obtain confession or admission from the suspect
and to learn relevant information from uncooperative witness.
When the accused confessed to the commssion of a crime, he/she accepts the facts
constituting the offense but if he/she interposes self-defense or other exculpatory grounds, then
the acknowledgement is not a confession but admission
Confession
1. There is declaration of the person (accused):
2. The accused acknowledged guilt from the commission of a crime;
3. Guilt is admitted.

Admission
1. There is a statement of the person (accused);
2. The person only agreed on facts or circumstances of the crime;
3. There is no acceptance of guilt.

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KINDS OF CONFESSION
1. Extra judicial confession. It is a confession that is made by the suspect during custodial
investigation or those confessions that are made outside of the court.
SEC. RULE 133, rules of court stated that:
“extra judicial confession is 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”.
The reason for the above rule is to guard the accused against conviction based upon false
confession of guilt. It is possible that a person might have confessed his/her guilt regarding
an offense, which someone has committed and when asked of his/her victim of the nature
of the injuries inflicted by him/her, it does not coincide with the identity or nature of the
injuries, received by the victim.

Types on Extra-Judicial Confession

a. Voluntary Extra-judicial Confession
 The confession is voluntary when the accused
speaks of free will and accord, without
inducement of any kind, with a full and complete
knowledge of the nature and the consequence of
the confession. And when the speaking is so free
from influences affecting the will of the accused, at
the time the confession was made that it renders it
admissible in evidence against him.

b. Involuntary Extra-judicial Confession

This confession obtain through force, threat, intimidation, duress or anything
influencing the voluntary act of the confessor.

Note: Confessions obtained from the defendant by means of force or intimidation/violence is

null and void, and cannot be used against him/her during trial (Doctrine of Poisonous Tree).

2.Judicial Confession. This confession is made by the accused in open court, the plea of guilt
maybe made during arraignment or any stage of the proceedings where the accused
changes plea of not guilty to guilty. This is conclusive upon the court and may be
considered to be a mitigating circumstance to criminal liability.
A plea of guilty when formally entered on arraignment is sufficient to sustain
conviction of any offense, even a capital one, without further proof.

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SEC. 2 Rule 129, Rules of court affirmed 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 shiwn to have
been made through palpable mistake”.
Technique of Interrogation
1. Emotional Appeal. - This is a technique whereby the investogator, combining the skills
of an actor and a psychologist, addresses the suspect with an emotional appeal to
confess. This is applicable to first time offenders or those who are of the emotional type
of characteristics displayed by nervousness or
emotional disturbances. Devotees of a religion
may belong to this type.

2. Sympathetic Approach. – the investigator in

his/her preliminary or probing questions must
dig deep into the past troubles, plight and
unfortunate events in the life of the suspect. An
offer of help, kindness, friendliness, may wuin his
cooperation.

3. Friendliness. – a friendly approach coupled with

a posture of sincerity may induce the suspect to confess.

4. TRICK AND BLUFF TECHNIQUES:

a. Pretense of solid Evidence. - The investigator bluffs the suspect that even if he/she
will not confess, there is enough evidence to send him/her to jail. If confession is
made, the investogator will see to it that his/her prison term will be within the range
of probation.

b. Weakest link. – Among the suspects, there must be a careful selection of who among
them is the weakest link where the interrogation will begin. By tricks and bluffs, this
weakest link will be told that his/her companions had already confessed and that
this weakest link had dealt the fatal blow or that he received the lion share of the
loot in order to intrigue him.

c. Drama. - The weakest link maybe used to fake pain and agony by ordering him/her
to shout, accompanied by banging a chair on the wall to make it appear that a
commotion is going on. The other suspects in separate rooms must hear the drama
before telling them that their partner had confessed.

d. 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

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 against the suspect. The suspect’s family will be dragged into the investigation if the
suspect will not confess.

e. Line up. – the complainant, witness or victims requested to point positively to the
suspect in the police line-up. The witnesses’ victims or complainant are previously
coached about the identity of the suspect.

f. Reverse line up - the suspect is placed among other persons in a line up and he/she
is identified by several complainants and witnesses who will associate the suspect in
other several crimes. This will cause the suspect to become desperate and confess.
This will cause the suspect to become desperate and confess only to the case under
investigation, to avoid from being charged on false accusations (Garcia, 2004).

g. Stern Approach – the investigator displays a stern (demands immediate response)

personality towards the suspect by using the following methods:

1. Jolting. – In the questioning process, the investigator selects the right moment to
shout a pertinent question in an apparent righteous outrage. The suspect’s
nerves will break to a confession.

2. Opportunity to lie – the suspects is given all the opportunities to lie. The suspect
is questioned about his/her personal life, family, friends and his/her knowledge
about the complainant and witnesses. Then the suspect is questioned about his/
her activity prior, during and after the commission of the crime. This is repeated
many times, to include the investigator focusing questions about the knowledge
of the suspect of the crime. Suspect will be enmeshed in contradictions, which is
now capitalized by the investigator to get the truth from the suspect. If possible,
the interrogation must be Taped recorded for purposes of emphasis during the
confrontation of the contradictions.

h. Mutt and Jeff or sweet and sour method. The first set of dangerous. When they had
finished the interrogation, the second investigators intervene by stopping the first set of
investigators. By being sympathetic and understanding, he/she begins his
interrogation. If the suspect still refuses to cooperate, then the process is repeated until
there is a confession (Mitchell 2002).
i. REMOVING THE ETHNIC OR CULTURAL BARRIER. If the suspect is an “Ifugao” (person
from Ifugao province), then preferably, an Ifugao investigator is recommended to
interrogate him, the same with other ethnic or cultural groups. It is a Filipino way of life
that people put or tribe. The interrogation must be in the language or dialect of the
suspect to get his confidence. This is removing the dialect/ language barrier.

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 j. SEARCHING FOR THE SOFT SPOT. In every man’s heart, there is always that softest
spot. The heart may have been hardened to steel by poverty, destitution, hopelessness,
despair, apathy, indifference, injustice, hatred or other factors, yet there is always that
spot which knowledge of human behavior. That spots maybe the youngest child, the
wife, the mother, and the brother who acted as his father, the grandparents or the best
friend. Once discovered, there must be a face-to-face meeting with that special person
and that heart of steel will melt to pieces. This technique is not only used during
interrogation but also during crisis management in hostage situations.

5. RATIONALIZATION. It is the use of reasons, which is acceptable to the subject that led to the
commission of the crime. Thus, it may be said that sometimes, killing is a necessity rather than
by purpose or design. Robbery is maybe a necessity to feed a starving family. The application of
this technique depends upon the nature of the crime.

6. PROJECTION. It is the process of putting the blame to other persons, not alone to the suspect.
The murderer may blame the mastermind for corrupting him/her with big sums of money or
the mastermind blaming the greediness of the victim or the husband blaming the wife for her
infidelity. Or that is a necessary evil as the victim is planning to kill the suspect.
7. MINIMIZATION. It is the act of minimization the culpability of the suspect. The investigator
convinces the suspect that a confession will reduce the offense and the penalty. Thus the
investigator could study if it there is a way to downgrade murder to homicide or the
introduction of mitigating circumstances with the result of the penalty being within the range
of probation. (GARCIA, 2004).
APPARENT SIGNS OF DECEPTION the following unusual situation posed by the subject during
the interrogation must be observed by the investigator:
1. Excessive sweating. The profuse sweating indicates, tension, anxiety, shock or fear.
Extreme nervousness is also the cause of sweating.

2. Change of facial color. Anger is indicated if the face is blushing. It is also the result of
extreme nervousness or embarrassment. It is necessary as a sign of deception or guilt. A
pale face is a reliable indicator of guilt or deception.

3. Dry mouth. This is a sign of great tension and is a reliable symptom of deception.
Swallowing, constant movement of the Adam’s apple and sweating of the lips are
indications of dryness of the mouth.

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.

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5. Increase of pulse beat. When observed at the side of the neck, the investigator has to
discover the increase of 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 (Dalilis & Pagnas, 2003).