CDI3 Module Week 5.

EXACT COLLEGES OF ASIA
B.S. Criminology
CDI 3: Special Crime Investigation 2
Week 5: LEGAL DIFFERENCE OF INTERVIEW AND INTERROGATION
INTRODUCTION:
In any criminal investigation process, interviewing and interrogation are the
most important means to obtain needed information about a crime. Both
require a combination of art and skill that must be cultivated and practiced. Not all people
who possess information needed by the investigator are willing to share it. This is true in
both interviews and interrogation.
Witnesses may have various motivations and perceptions, for

example, that could influence their responses during an interview.
These motivations and perceptions may be based on either
conscious choice on subconscious
stimuli. In addition, gaining information
from specific demographic groups like
the elderly and children requires
unique skills on the part of the
investigator. Situational characteristics
such as the time and place of the interview/interrogation may
also create challenges to eliciting knowledge about a
particular case. Each of these conditions must be effectively
addressed in both an interview or interrogation setting
LEARNING OBJECTIVES:
At the end of this Module, you should be able to:
 Define the terms used in the Topic: Interview;

 Analyze the Golden Rule of Interview;
 Interpret the Qualities of Good Interviewer;
 Analyze the Reasons why Witnesses Refuse to Talk and Testify;
 Apply the Rules in Questioning;
 Analyze the Types of Witnesses According to their Attitude; and
 Legal Considerations in the Conduct of Interview to Criminal Suspects;
 Objectives of Interview
 Enumerate the settings for Interview
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B.S. Criminology
LESSON PROPER:
Topic: LEGAL DIFFERENCE OF INTERVIEW AND
INTERROGATION
INTERVIEW.DEFINED
It is the questioning of a person believed to possess information which is relevant to the

investigation of a crime or on criminal activities.
The method of obtaining an information from another person who is

aware that he is giving a wanted information, although he may be
ignorant of the true connection and purpose of the interview. An
interview is a questioning of a person believed to be possessed
knowledge that is of official interest to the investigation.
THE GOLDEN RULE OF INTERVIEW
“Never conduct or let anyone conduct an 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 or falsehood from the
answers of the person being interviewed.”
QUALITIES OF A GOOD INTERVIEWER
1) Rapport defined – it is the development of intimacy between the

interviewer and the interviewee.
 It is winning the confidence of a person being interviewed in
order that he will tell all the information in his possession.
 The interviewer must be in respectable civilian attire because
many thinks that uniform is intimidating.
2) Forceful Personality
The appearance of the interviewee and other qualities such as skills of communication
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B.S. Criminology
techniques and the force of his language are the mainstays of the strength of his
character.
3) Knowledge of Human Behavior

The ability of 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 – the
interviewee.
4) Conversational Tone of Voice

His tone of voice must be conversational, not confrontational as in interrogation.
5) Common Interest
His preliminary probing questions should be aimed to establish common interest
between him and the subject.
6) Acting Qualities
He must possess the qualities of an actor, salesman, and psychologist and know how to
use the power of persuasion.
7) Humility
He must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview
REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY
1) Fear of Reprisal
 It is always entertained by witnesses who lack the courage to
face the suspect, his company or relatives.
 This is natural for witnesses who have no means to protect
themselves or no influential person to rely on.
 The investigator’s power of persuasion plays a vital role.
2) Great Inconvenience
The ordeal of testifying in court is an inconvenience on the part hands-to-mouth and to
the unemployed.
3) Hatred against the Police

This hatred maybe due to previous bad experience with rogue members of the police
organization.
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B.S. Criminology
4) Bias of the Witness
The witness maybe an acquaintance, friend, helper, or benefactor of the suspect.
5) Avoidance of Publicity
There are witnesses who are shy and they shun publicity that will bring them discomfort
to their ordinary or obscure way of living.
6) Family Restriction
Some famous and respected families preserve their reputations by instilling to them
members the need of approval of their elders on matters affecting their families.
7) Bigotry
Religious or racial, tribal or ethnic indifference.
8) Cultist Indoctrination
Some cults or religious denominations exercise religious or moral influence on the
decision of witnesses to testify. It would be more apparent when the witness and the
suspect belongs to the same cult.
Common Technique to Convince Witnesses to Talk and Testify
Many of these witnesses want that they will not be utilized as formal witnesses but
to remain anonymous. The investigator 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 the testimonial evidence. The power of persuasion
plays a key role.
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.
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 maybe a single kind, a
combination of two or the application of all the techniques.
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B.S. Criminology
3) Warming Up
This is being 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
The subject is now asked to narrate his account without interruption, intervention or
inference.
RULES IN QUESTIONING
1)One Question at a Time

Avoid multiple, complex and legalistic questions. 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 question should be
avoided. The answer must be oral, clear, explicit and responsive to the questions
3)Simplicity of Questions
A short simple question at a time is required. Avoid legalistic questions.
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 subject
to “save his face.”
5)Yes and No Answers

Do not ask questions which could be answered by YES or NO. 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 types of witnesses. They are among the
uneducated and of low level of intelligence.
2)Disinterested Type
This is the uncooperative and indifferent subject. Their indifference
should be demolished to arouse their interest or be flattered.
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B.S. Criminology
3)The Drunken Type

The style of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject sobered, another
interview will be conducted, confronting him about his disclosures while in
the state of drunkenness. Written statement must be taken during his
sobriety.
4)Suspicious Type
These types of witnesses are suspicious about the motive and actions of the
investigator. The barrier of the suspicions may be removed by sincere
explanations or psychological pressure.
5)Talkative Type
These are witnesses who are prone to exaggerate, adding irrelevant or
new matters to their narrations. The skillful investigator could prune the
unnecessary matters from relevant ones.
6)Honest Witnesses
These are truthful and cooperative witnesses where the investigator could
rely upon, with little or no problem in handling them.
7)Deceitful Witness
These are liar type of witnesses. Let them lie and order them to repeat
several times their narrations. They will be enmeshed in contradictions.
8)Timid Witness
They are the shy-type of witnesses. The approach must be friendly and reassuring
confidentiality of their information.
9)Boasting, Egoistic, or Egocentric Witnesses

They will be good witnesses because of their ability of expressing their
accounts of the commission of the crime. They are susceptible to add color
or importance in their role as witnesses, probably under-rating the accounts
of others.
10)Refusal to Talk Witnesses

These are the most difficult subjects to deal with. The causes maybe trauma, shock,
fear, hatred, and others.
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B.S. Criminology
Statement Analysis
All complaints and testimonies of witnesses are subjected to the crucible of truth. Utmost
care must be exercised before concluding the culpability of the suspect.
Testimonies be Reduced to Writing

Complaints and testimonies shall be reduced to writing in the form of
Questions and Answers – never use an affidavit form. Complaints and
testimonies must be placed under oath before an officer authorized to
administer oath.
OBJECTIVES OF INTERVIEW
a. Interviews are conducted in criminal cases for the purpose of gathering information from
people who have or may have knowledge needed in the investigation.
b. The information may come from a victim or from a person who has no
other relationship to the criminal activity other than being where he or she
was.
b. The information may come from a victim or from a person who has no other relationship
to the criminal activity other than being where he or she was.
TIME, PLACE, AND SETTING OF THE INTERVIEW
a. Police officers conduct interviews in a number of situations. The most common is the
on-the-scene interview.
b. The physical circumstances under which the interview takes place can be critical to the
value of the information obtained.
c. Although convenience of the witness is important to a successful interview, the

interviewer need not relinquish the psychological advantage.
d. Privacy is of the utmost importance in conducting interviews.

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B.S. Criminology
e. The physical and emotional states of the witnesses are important in conducting or in
determining whether to conduct an interview.
ASSIGNMENT:
1. Based on the lesson. What is the difference of Interview and Interrogation? Write
your answer at least 3 sentences.
2. Among the Qualities of a good interviewer, which do you think is the most important
quality? Explain in 5 sentences.
3. What do you think are the reason why witnesses refuse to talk and testify? Explain
in 3-5 sentences.
RECITATION:
1. Enumerate the 4 stages of Handling the Interview

2. Enumerate the 5 Rules in Questioning and give your insights on each of the
stages.
EVALUATION:
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Choose the letter of the correct answer being describe or ask on each question.
1. It is the questioning of a person believed to possess information which is relevant to the

investigation of a crime or on criminal activities.
A. interrogation
B. interview
C. instrumentation
D. information
2. What quality of a good interviewer is this:

He must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview
A. rapport
B. knowledge of Human Behavior
C. humility
D. conversational tone of voice
ANSWER: C
3. He must possess the qualities of an actor, salesman, and psychologist and know how to
use the power of persuasion.
A. acting Qualities
C. humility
ANSWER: A
4. The ability of 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 –
the interviewee
A. acting Qualities
C. humility
ANSWER: B
5. In Rules of questioning. Do not ask questions which could be answered by Yes or No. It
will curtail the complete flow of information and will lead to inaccuracy is?
A. one question at a time rule
B. avoid implied answers rule
C. simplicity questions
D. saving faces
ANSWER: A
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B.S. Criminology
6. In Rules of questioning. A short simple question at a time is required. Avoid legalistic

questions is?
A. one question at a time rule
B. avoid implied answers rule
C. simplicity questions
D. saving faces
ANSWER: D
7. These types of witnesses are suspicious about the motive and actions of the
investigator. The barrier of the suspicions may be removed by sincere explanations or
psychological pressure.
A. know-Nothing Type
B. the Drunken Type
C. suspicious Type
D. disinterested Type
ANSWER: C
8. These are liar type of witnesses. Let them lie and order them to repeat several times
their narrations. They will be enmeshed in contradictions
A. know-Nothing Type
B. deceitful witness
C. timid witness
D. disinterested Type
ANSWER: B
9. These are the TIME, PLACE, AND SETTING OF THE INTERVIEW except for one.
Identify which is not part of it.
A. police officers conduct interviews in a number of situations. The most common is the
on-the-scene interview.
B. the interviewer need to be prepared before the conduct of the interview
C. although convenience of the witness is important to a successful interview, the
interviewer need not relinquish the psychological advantage.
D. the physical and emotional states of the witnesses are important in conducting or in
determining whether to conduct an interview.
ANSWER: B
10. The Testimonies of the witnesses should be reduced into ___________.

A. document
B. readable paper
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B.S. Criminology
C. writing
D. a recording
ANSWER: C
REFERENCE/S:
a) Garcia, Rodolfo M. 2004. The Art of Criminal Investigation and
Detection.
b) Manahan, Demetrio V. 2015. The Art of Crime Investigation.
Congratulations! On reaching the end of this module!

KEEP UP THE GOOD WORK!
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EXACT COLLEGES OF ASIA

Witnesses may have various motivations and perceptions, for

 Define the terms used in the Topic: Interview;

It is the questioning of a person believed to possess information which is relevant to the

The method of obtaining an information from another person who is

THE GOLDEN RULE OF INTERVIEW

QUALITIES OF A GOOD INTERVIEWER

1) Rapport defined – it is the development of intimacy between the

3) Knowledge of Human Behavior

4) Conversational Tone of Voice

REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY

3) Hatred against the Police

Common Technique to Convince Witnesses to Talk and Testify

Stages of Handling the Interview

1)One Question at a Time

2)Avoid Implied Answers

5)Yes and No Answers

TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE

3)The Drunken Type

9)Boasting, Egoistic, or Egocentric Witnesses

10)Refusal to Talk Witnesses

Testimonies be Reduced to Writing

c. Although convenience of the witness is important to a successful interview, the

d. Privacy is of the utmost importance in conducting interviews.

1. Enumerate the 4 stages of Handling the Interview

1. It is the questioning of a person believed to possess information which is relevant to the

2. What quality of a good interviewer is this:

6. In Rules of questioning. A short simple question at a time is required. Avoid legalistic

10. The Testimonies of the witnesses should be reduced into ___________.

Congratulations! On reaching the end of this module!

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