Republic of the Philippines

NUEVA ECIJA UNIVERSITY OF SCIENCE AND TECHNOLOGY

Cabanatuan City, Nueva Ecija, Philippines
ISO 9001:2015 CERTIFIED
COLLEGE OF CRIMINOLOGY

Objectives: at the of this segment, the student should be able Special Crime Investigation with
to: Simulation on Interrogation and
1. Understand the meaning of Criminal Interview, Interview.
2. Identify the different qualities of a good interviewer CDI 3
3. Determine the reason why witnesses refuse to talk or
testify
4. Understand the different rules in questioning a person
involved in a crime;
5. Identify the different types of witnesses according to their
attitude
Topic: Criminal Interview
MEANING OF INTERVIEW
An interview is the simple questioning of a person believed to possess information, which
is relevant to the investigation of a crime or on criminal activities. In an interview, the interviewee is
willing and cooperative with the person conducting the interview.
A cognitive Interview is a form or technique in the conduct of interview upon 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 has finished his
narration, the investigator now subjects him 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.
THE GOLDEN RULE IN INTERVIEW

"Never conduct or let anyone interview if the interviewer has not gone to the crime
scene." The questioning should be in agreement with the 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 will not be in a position to distinguish half-truths, exaggerations of falsehood from the
answers of the person being interviewed.
QUALITIES OF A GOOD INTERVIEWER

1. Rapport – It is the relation between the interviewer and the interviewee, which is conducive to a
fruitful result. It is winning the confidence of a person being interviewed so that he will tell all
the information in his possession. The interviewer must be in respectable civilian attire because,
most often and the majority of people, the police uniforms are a barrier 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 his language are the mainstays of the strength of his
character. He must be understanding, sympathetic and without showing official arrogance, the
vulgarity of expressions and air superiority.

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 Republic of the Philippines
NUEVA ECIJA UNIVERSITY OF SCIENCE AND TECHNOLOGY
Cabanatuan City, Nueva Ecija, Philippines
ISO 9001:2015 CERTIFIED
COLLEGE OF CRIMINOLOGY

3. Knowledge of Human Behavior – This will help the interviewer to determine the personality
and intelligence of his subject; he must go down and up to the level of understanding of his
particular subject.

4. Conversational Tone of Voice – His tone of voice must be conversational, not confrontational
as in interrogation. It means that the interviewer must know how to appropriately use his voice
normally, without making his voice loud unusually which may affect the interview process.

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

6. Humility – He 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.

REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY

1. Fear of Reprisal – witnesses who lack the courage to face the suspect, his associates, or
relatives always entertain the fear of reprisal. This is natural, especially for those who have 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 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 thru his contacts with the business community.
3. Hatred Against the Police – This hatred may be due to previous bad experiences with rogue
members of the police organization. The investigator must show the difference between him
and the rogue policeman by honest and sincere entertainment of the complaint against the
rogue cops. He must explain that these scalawags represent only a small percentage of a
whole organization and the police leadership is addressing the situation properly. A calling
card of the investigator given to this kind of witness will greatly help the situation, promising
immediate help if there is a recurrence of the bad experience.

4. The bias of the Witness – The witness may be an acquaintance, friend, helper, or benefactor
of the suspect. All of these and other relationships of the witness to the suspect must be
explored so that an intelligent approach is properly applied.

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

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 Republic of the Philippines
NUEVA ECIJA UNIVERSITY OF SCIENCE AND TECHNOLOGY
Cabanatuan City, Nueva Ecija, Philippines
ISO 9001:2015 CERTIFIED
COLLEGE OF CRIMINOLOGY

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

COMMON TECHNIQUE APPLICABLE TO THE FOREGOING REASONS

Many of these witnesses want that they will not be utilized as formal witnesses but to
remain anonymous. The investigators must initially agree that the testimonies be given the
shroud of confidentiality. After the full disclosure of the information, the investigator then
persuades these witnesses to be utilized as formal witnesses especially when there is the
necessity of testimonial evidence. The power of persuasion plays a key role.
THE STAGES OF HANDLING THE INTERVIEW

1. Preparation – The investigator should review the facts at the crime scene and information
from other sources so that he would be ready for the questioning. A background data of the
subject should be available so that he could adapt himself to the kind of approach to be
employed.

2. Approach – The investigator must carefully select his kind of approach, which may be single,
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 performed by allowing or asking now the subject to narrate
his/her account without interruption, intervention, or interference. It is only after the
completion of the uninterrupted narration that the investigator begins the direct and cross-
examination (Garcia. 2004).

RULES IN QUESTIONING A PERSON INVOLVED IN A CRIME

1. Ask Question at a Time – Multiple, complex, and legalistic questions should be avoided.
One question at a time is desired.

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

3. Questions should be clearly stated – A short simple question 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.

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 Republic of the Philippines
NUEVA ECIJA UNIVERSITY OF SCIENCE AND TECHNOLOGY
Cabanatuan City, Nueva Ecija, Philippines
ISO 9001:2015 CERTIFIED
COLLEGE OF CRIMINOLOGY

4. Saving Faces – Embarrassing questions on the subject on matters of exaggeration or

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

5. Yes and No Answers are not allowed – Do not ask questions that could be answered by
mere yes or no because it will curtail the complete flow of information and will lead to
inaccuracy.

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 a low level of intelligence. The technique to be applied is to go down
to their level of intelligence and interrogation.

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. Their indifference should be demolished
to arouse their interest or be flattered.

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 about his disclosures while in the state of drunkenness. The
written statement must be taken during his sobriety.

4. Talkative Type – These are witnesses who are prone to exaggerate, adding irrelevant or
new matters to their narration. The skillful investigator could prune the unnecessary matters
from the relevant ones.

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. Let them lie and order them to
repeat several times their narration. They will be enmeshed in contradictions. If possible,
the lies must be tape-recorded for the confrontation about their contradiction. Pressure them
for possible cases of perjury or obstruction of justice and they will tell the truth.

7. Timid Witnesses – They are the shy witnesses. The approach must be friendly and
reassuring the confidentiality of their information. They should be hidden from the devouring
press by interviews or photo sessions.

8. Witnesses who refuse to answer– These are the most difficult subjects to deal with. Find
out the reasons for their personality. The cause may be trauma, shock, fear, hatred, and
others. Remove these fetters of silence and they will start talking.

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 Republic of the Philippines
NUEVA ECIJA UNIVERSITY OF SCIENCE AND TECHNOLOGY
Cabanatuan City, Nueva Ecija, Philippines
ISO 9001:2015 CERTIFIED
COLLEGE OF CRIMINOLOGY

STATEMENT ANALYSIS
This is a new name in Criminal Investigation but not new in actual practice. What is new is the
term. It began in the United States when the woman reported to the police the disappearance of her
children while onboard her parked car. The car also disappeared with the children. The police for a
considerable time scoured the area, interviewed scores of witnesses who claimed to have seen
nothing. A police expert carefully analyzed the videotape recording of the woman who went to the TV
station to appeal for her children. The analysis leads to suspicion and the woman was placed under
exhaustive interrogation where she confessed that she drove the car down the river because her live-
in partner does not like her children from a former marriage. The car, together with the dead children
was subsequently retrieved from the floor of the river.
This is not a new practice in our jurisdiction. Every complaint and testimony of witnesses are
subjected to the crucible of truth, lest the investigator will be the ignorant and unmindful weapon of
deception, frame-up, or incriminatory machination against the innocent. Utmost care must be
exercised before concluding the culpability of the suspect. This is the rule in the Art of Criminal
Investigation and Detection.
COMPLAINTS AND TESTIMONIES BE REDUCED TO WRITING

Complaints and Testimonies shall be reduced into writing in the form of Questions and
Answers. Never use the affidavit form even in the testimonies of apprehending officers. Our Courts
frown upon this affidavit form, especially when there will be a variance between the affidavit and
witness stand account. The Court even went to the extent to what is the truth is the witness-stand
account because the answers in the affidavit were not from the witness but from the police investigator
who prepared the affidavit.
The narration of the witness must be based on the rules of the cognitive interview. All these
complaints and testimonies must be placed under oath before an officer authorized to administer an
oath.

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