TOPIC 7

TOOLS OF CRIMINAL INVESTIGATION

INTERVIEW- Is a conversation with a purpose, motivated by a desire to obtain

certain information from the person being interviewed as to what was done, seen, felt,
heard, tasted, smell or known.This is the questioning of a person believed to possess
knowledge that is in official interest to the investigator.

BASIC ASSUMPTIONS

Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does
not want to. Therefore, people will have to be persuaded, always within legal and ethical
limits, to talk to law enforcers. This makes interviewing an art.

Interview is the simple questioning of a person who cooperates with the investigator.

GENERAL KINDS OF INTERVIEW

1. Cognitive Interview conduct of interview upon willing and cooperative witnesses, to

narrate their accounts without interruption.

2. Question and Answer interview style whereby after each question by the investigator, the
interviewee is required to answer on what he/she knows about what is being asked.

THE GOLDEN RULE IN INTERVIEW

“Never conduct or let anyone conduct an interview if the interviewer has

not gone to the crime scene.”

QUALITIES OF A GOOD INTERVIEWER

1. Rapport - good relation between the interviewer and interviewee coductive fruitful
result

2. Forceful Personality - skill communication techniques or the force of language

are mainstay of the strength of his chararcter

3. Knowledge of Human Behavior - determine the personality and intelligence of

the subject. Level of understanding.

4. Conversational Tone of Voice - appropriately use of normal voice without

unusual loudness

5. Acting Qualities - actor,salesman, know how to use power of persuasion. Know to

convince the subject to disclosed information.

6. Humility - courteous,sympathetic, humble ready to ask apologies for the

inconvenience of the interview. Done at the end of the interview.

INTERVIEW FORMAT (IRONIC)

1. Identity- prior to the commencement of an interview, the investigator should

identify himself to the subject by name, rank and agency. Except, when there is no
need to know the officer’s identity.

a. The investigator should identify himself to the witness by name, rank and agency.
 2. Rapport - it is good to get the positive feeling of the subject towards the
investigators, such friendly atmosphere is a vital for both the subject and the
investigator have a better interaction.

3. Opening Statement the investigator must have to indicate why the subject is being
contracted.

4. Narration Allowing the witness to present in a narrative form without injecting

questions. The witness should be allowed to tell all he knows with little interruptions
from the investigator.

5. Inquiry After the witness has told the story, the investigator can make clarifying
inquiries.

6. Conclusion The interview should be concluded when the witness has nothing
pertinent to offer, after the interview, it is but proper to close the interview with
utmost courtesy and thanking the subject for his cooperation.

REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY

1. Fear of Reprisal - lack of courage to face the suspect. To means to protect themselves or
no influential person to them to rely on.

2. Great Inconvenience - hands to mouth existence,vunemployed deprived them from

earning.

3. Hatred Against the Police -previous bad experience. Investigator must differentiate the
scalawags and honest policemen and all the issue is already taken care of.

4. Bias of the Witness - witness acquaintance, friend, benefactor, relative of the suspect.

5. Avoidance of Publicity - witness are shy and publicity will discomfort them.

6. Family Restriction -Respected family preserved their reputation and need approval to their
elder that affecting family matters.

STAGES OF HANDLING THE INTERVIEW

● Preparation – investigator should review the facts in order that he would be ready for the
questioning.

● Approach – investigator must carefully select his kind of approach.

● Warming Up – clear the atmosphere, promote a conducive ground for cordiality, respect
and trust for each other.

1. Cognitive Interview - a method of interviewing in which eyewitnesses and victims

report what they remember from a crime scene. Using four retrievals, the primary focus
of the cognitive interview is to make witnesses and victims of a situation aware of all the
events that transpired.
a) Reinstating the context of the event
b) Recalling the event in the different sequence.
c) Looking the event at the different perspective.

2. Neuro-linguistic programming- is an approach to communication, personal

development, and psychotherapy created by Richard Bandler and John Grinder in
 California, United States in the 1970s. Its creators claim a connection between the
neurological processes ("neuro"), language ("linguistic") and behavioral patterns learned
through experience ("programming") and that these can be changed to achieve specific
goals in life.

3. Statement analysis - a technique for analyzing the words people use. Proponents
claim this technique can be used to detect concealed information, missing information,
and whether the information that person has provided is true or false. Statement
analysis involves an investigator searching for linguistic cues and gaps in a subject's
testimony or preliminary statements. Ideally, the technique would guide investigators to
ask follow-up questions to uncover discrepancies.

H. Rules in Questioning a Person Involved in a Crime

1. Ask Question one at a Time - avoidance of multiple questions.

2. Avoid Implied Answers - avoid body language, answer must be oral and clear responsive
to question.

3. Questions should be clearly stated - specific on details.

4. Saving Faces - respect the subject avoid humiliation

5. Yes and No Answers are not Allowed (close ended question) -it will curtail the complete
flow of information and will lead to inaccuracy.

I. Types of Witnesses According To Their Attitude

1. Know-nothing Type - reluctant type of witness. Found among uneducated and low level
of intelligence.

2. Disinterested Type - refers to an uncooperative and indifferent witness. To deal this type
you must find out his/he field of interest.

3. The Drunken Type - disclosures while in the state of drunkenness. Written statement must
be taken during his/her sobriety.

4. Talkative Type - witness prone to exaggerate adding irrelevant or new matters to their
narration.

5. Honest Witnesses - truthful and cooperative witness.

6. Timid Witnesses - shy witness. Investigator must be friendly to build confidentiality.

7. Witnesses who refuse to answer - most difficult witness to dealt with. Find out the
reasons of his/her personality such as: trauma, fear, shock, hatred and others.