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STAGES OF THE

INTERROGATION
SESSION
a)INITIAL STAGE (Introductory Part): Introduction of material
necessary to establish the integrity of the interrogation.

1)Clearly state the reason for the suspect’s presence, and


establish the crime about which he/she is to be questioned, the
name of the victim, and the time and place of crime.

2)Level with the suspect by indicating or explaining that the


interrogation is not an attempt to deceive but an inquiry being
conducted because evidence has indicated his knowledge of, or
participation in, the crime under investigation.

STAGES OF THE INTERROGATION SESSION


b) FOCUSING STAGE (Main Body)

1)Questions are concerned with the activity and


whereabouts of the suspect about the time of the
crime.

2)Questions are concerned whether the suspect had


ever been at the scene or in contact with the victim
and under what

STAGES OF THE INTERROGATION SESSION


c) CONCLUDING PHASE (Closing Part)
In case of confession, take a formal statement of the suspect.
Ask the classic concluding questions such as “Is there anything else you
wish to talk about or any correction you wish to make in your story at this
time?”

In case of full disclosure, suspect maybe asked for permission to:


 Search certain premises
 Ride about with the investigator to identify other locations or criminal
activities of persons involved.
 Participate in an identification line-up
 Visit the crime scene for re-enactment
 

STAGES OF THE INTERROGATION SESSION


QUALIFICATIONS OF INTERROGATOR

1.General knowledge- general knowledge can be


acquired by developing intellectual curiosity and a keen
sense of observation- An investigator must cultivate
genuine interest in people and their problems. A wide
knowledge of people and their problems concerning
professional activities is highly desirable.

2.Alertness- An investigator must be constantly alert


so that he can analyze the subject accurately and
adopt the technique proper to the occasion. He must
be immediately aware of contradictory information.

3.Perseverance- An investigator must be patient to


obtain accurate and complete information especially
with uncooperative subjects.
4. Integrity- Investigator must keep all promises
he makes. If the subject questions the integrity of
the interviewer, it is practically impossible to have
the trust and confidence of the subject.

5. Logical mind- The sequence of the questioning


must be logical to make the narration clear.

6. Ability in observation and interpretation-


He must not only have the ability to size-up an
individual but he must also learn to observe and
interpret his reaction to question.

7. Power of self-control- Loss of temper results


in neglect of important details.

8. Playing a part- The investigator must act to


suit the needs of the situation.
Before the interrogation, the investigator should
know the following:
I. As to the offense itself
a.Legal nature of the offense committed
e.g. Physical injuries, homicide, theft etc.
b.Date, time and place of occurrence.
c.Description of the crime area and of the crime scene
itself.
d.The way in which the crime appears to have been
committed and the known details of its commission.
e.Possible motive of its commission
f.Incriminating factors respecting a particular suspect.
II. As to the suspect(s)
a.The personal background information as to age, education, marital status,
financial and social circumstances, and criminal records if any.
b.Present physical and mental condition, as well as the medical history
including such facts as addition to dope of alcohol.
c.Attitude towards the investigation e.g. hostile, cooperative
d.Relationship to victim or crime scene
e.Incriminating facts or possible motives
f.Alibi or other statements (oral, written or recorded), that the suspects has
related to the investigators.
g.Religious or fraternal affiliation or prejudices
h.home environment
i.Social attitudes in general
j.Hobbies
k.Sexual interest or deviations
l.Abilities or opportunities to commit the offense.
III. As to the victim
1. If a company or institution
•Attitudes and practice towards employees and public
•Financial status

2. If a person
•The nature of injury of harm and the details thereof.
•Age, sex, marital status, family responsibilities (number of
dependents)
•Social attitudes regarding race, nationality, religion, etc.
•Financial and social circumstance.
•Sexual interest and deviations.
•Physical and mental characteristics.
•Blackmail potentialities.
Behavior of the 1.Retain a pleasant mood- don’t show
investigator feeling of contempt, impatience and the
during the like. Don’t let your reactions to answer
betray your feelings.
interview or
interrogation
2.Control your temper- If the subject
gets “under your skin” he is getting the
upper hand.

For an investigator to lose his temper


during an interview, unless it is part of an
act, is inexcusable.

The investigator must take all that is


offered; insults, offenses, aspersions. He
should never show anger, charging or
emotional disturbance, unless it is a part
of a plan.
Behavior of the 3. Radiate confidence- Never
investigator show doubt as to the outcome of
during the the interrogation. A confident
interview or attitude will imply that the
interrogation interrogator knows the whole story.

4.Never divulge the case- Very


seldom it is good policy for the
investigator to give away his side of
the case. Let the subject guess how
much is known or not known don’t
give him any basis for such
judgment by revealing anything
about the investigation.
Behavior of the
investigator 5. Avoid a clash of personalities-
during the
interview or The investigator however capable he
may be, will run into situation where he
interrogation
can feel that his personality and the
subjects personality will clash.

When the investigator recognize that


natural animosity has been aroused
trough breach of basic rules of contact
and approach, he should stop the
interview on some pretext or other, He
should then leave in a calm pleasant
manner in order that an associate can
continue.
Behavior of the 6. Suspect every answer- Do not
investigator accept any answer or statement as
during the being true. Face the possibility that
interview or every answer is false. Recheck and
interrogation verify, by experiment, if necessary,
each answer or statement. Cover all
angles of the case.

7. Never belittle the subject- Don’t


give the impression that he is stupid,
ignorant, or in any way inferior to the
interrogator. The investigator should
not indicate anything about himself
that will cause the subject to suffer by
comparison
PRIVACY
The principal psychological
factor contributing to a
successful interrogation is
privacy, being alone with the
person under interrogation.

Interrogator generally seem


to lose sight of the fact that a
suspect or witness is more apt to
reveal his secrets in the privacy
of a room only by himself and
the interrogator than in the
presence of other persons.
SAFEGUARD IN
QUESTONING A WOMAN
When a woman or a young
girl is being interviewed, it is wise
to have a third person, preferably
another woman present.

Such third person does not


enter into the interview but is
merely present as an observer to
preclude any unjust accusations
against the interrogator.
SAFEGUARD WHEN QUESTIONING A HOSTILE
WITNESS

A hostile witness or suspect should not be


questioned in his own home or in surroundings
familiar to him where he feels secure and more apt to
take a defiant attitude. There is also the possibility
that recording devices may be hidden on these
premises.
GENERAL
1.Interview the victim, the accuser, SUGGESTIONS
or the discoverer of the crime before REGARDING THE
interrogating the suspect; INTERROGATION OF
A SUSPECT
2.Be patient and persistent. Never
conclude an interrogation at a time
when you feel discouraged and ready
to give up; continue for a little while
longer;

3.Make no promise when asked


“What will happen to me if I tell you
the truth”.

4.View with skepticism the so-called


conscience stricken confession;
GENERAL
SUGGESTIONS
5. When a subject has made repeated
REGARDING THE
denials of guilt to previous investigators, INTERROGATION OF
first; question him whenever A SUSPECT
circumstances permit about some other
unrelated offense of a similar nature of
which he is also considered to be guilty;

6. An unintelligent or uneducated
suspect with a low cultural background
should be interrogated on a
psychological level compared to that
usually employed in questioning a child.
EVIDENCE OBTAINED FROM MECHANICAL
ACTS
Mechanical Acts are human actions which do
not involve the use of mental processes.

They are admissible in evidence as they do not


violate the right of the accused against self
incrimination. The police could force the accused to
do the mechanical acts without incurring liability.
Examples;
•Physical examination of the suspect;
•The accused could be required to stand
up in court for purposes of identification;
•To appear at the scene of the crime;
•To put on a blouse to see if it fits him;
•To place a handkerchief over his face;
•To stand up and remove his eyeglasses;
•To remove his shirt and coat to permit
the Court to see scars on his body;
•To exhibit his hands and arms to show
tattoo marks thereof which a previous
witness has sworn they were there;
•To submit to face shaving and haircut
for purposes of identification;
•To submit to scientific test for alcoholic
examination;
•To be fingerprinted and photographed
and measured;
•To be paraffin tested;
•To submit himself to police line-up;
•To submit to drug test.
EVIDENCE OBTAINED FROM MENTAL
ACTS
Mental Act is any human action which
requires the use or application of mental
faculties or processes to make the specific
act.
They are inadmissible in evidence if
obtained through coercion or compulsion as it
violates his rights against self incrimination.
However, if there is a valid waiver of his right,
it is admissible in evidence. Examples:

•Ordering a person to write in order to get his


handwriting specimen;
•Ordering a person to speak and answer
questions;
•Submitting to a lie detector test and to
answer questions;
•In the re-enactment of the crime at the
scene by ordering the accused to demonstrate
how he committed the crime; and
•Taking the dictation for the purpose of
detecting his participation in a crime.
INTERROGATION PROCEDURES

Interrogation at headquarters:
An investigator is able to interrogate
a suspect more effectively at the
police station than in the field or in
the suspect’s home or office.

At the investigator’s “Home Ground”


or “Territory”, the situation is
thoroughly familiar to him.

To the suspect, the police station is a


“Foreign Territory”.
Questioning the suspect at the
station gives the investigator 2
distinct advantages:

1.Control of the location,


degree of privacy, lighting,
security of the suspect, & other
factors influencing the success of
the interrogation;

2.The suspect probably is


tensed and uncomfortable and
as a consequence, he is more
likely to trap himself.
Separate suspects:

The purpose of this is


to prevent them from
getting together in
inventing a story or
alibi.

The discrepancies in
the story give the
investigating officer
an opportunity to
prove that the
suspect is lying.
Initial questioning: For
possible suspects that are
picked-up in the field, as
opposed to “hot suspects”, many
interrogators agree that a good
opening question is “Where do
you live?”

This question should be asked


casually because it does not refer
to any crime. It may relax the
suspect & make him cooperative.
If the interrogator later decides to
arrest him, he will not be able to
give a false address thus
preventing search of his home.

If he refuses to give an address &


the investigators have reasonable
grounds to believe that he may be
wanted, he should be interrogated
further.
Questioning suspects in vehicles: Officers may use a traffic
violation as a reason for questioning the occupants of a vehicle.
If the police have reason to search the car, they should lead
the suspects to claim ownership of all contents of the vehicle.

The investigator should exhibit only casual interest in articles of


possible evidentiary value until the suspect indicates that such
articles of possible evidentiary value until the suspect indicated
that such article belongs to him.
Questioning “HOT SUSPECTS”: A suspect caught in the actual
commission of a crime or immediately after a crime has been committed is
usually excited, thus he is off guarded. This is an excellent time for arresting
officers to ask accusatory questions, or questions that assume the suspects
guilt.
Phrasing questions: In some cases, the questions of the
police may assume the suspect’s guilt if there is considerable
evidence against him.

The phrasing of questions should indicate that they know that


the suspect committed the crime and are merely seeking
details.
TYPES OF INTERROGATION
•Narrative type- The
investigator gets the subjects
story as narrated.

The investigator must be


observant of all conditions and
words used. He must note the
physiological reactions exhibited
by the subject in the course of
the narration. He must show
respect and gratitude for the
subject’s narration. This type is
good for those subjects who are
willing to talk.
TYPES OF INTERROGATION
•Question and Answer Type-
If the subject is talking the
investigator must wait until after
the completion of the narration
and then ask questions. It
presupposes a great deal of
knowledge by the investigator
about the case and about the
subject. As questions and
answers tend to hinder
spontaneous responses, the
investigator should be alert to
the possibility of such responses
and not shut the subject off too
soon on any answer.
TECHNIQUES IN INTERROGATION
The choice of the techniques to be used in depends on the nature of
the crime committed, the character of the subject, and in his own
personality and limitation. The following are the techniques used in
interrogation:

1.Emotional Appeal- the


interrogator should combine the
character of an actor and a practical
psychologist. He must be able to
analyze the personality of the subject
within a short time. Decide the
motivation and create a good
atmosphere conducive to confession.
2. Sympathetic
Approach- The
interrogator must listen to
the subject’s story of his
troubles, plight and
unfortunate situation. An
offer and acts of kindness
may win his cooperation.
3. Friendliness- a friendly
approach may induce the subject
to confess.
Forms of Friendliness
a.The helpful Advisor
b.The Sympathetic Brother
c.Shifting the Blame
d.Role of “Mutt and Jeff”
e.Creating or increasing the
feeling of anxiety
Methods of promoting anxiety
a.Exaggerating fear - the interrogator persistently points out the
subject “cannot win” and that there has been no perfect crime. His
continued silence may affect his loved ones.
b. Greater or Lesser Guilt
- A certain criminal act
constitutes different kinds of
offenses which may be grave
or light.

The investigator may


represent himself to be
interested with minor ones.

The subject, who is afraid


only of the grave may be free
to talk or may confess to a
minor offense.
c. The Line-up - The witness, complainant, or victims
are requested to recognize the subject among the group
of men in a line-up. The witness or complainant who may
be coached confidentially, points out the subject as the
guilty party in the line-up. Once pointed the subject is
said to be “helping by cooperating”.
d. Reverse Line-up -
The accused is placed on a
line-up and he is identified
by several fictitious
witnesses or victims who
associated him with
different offenses. It is
expected that subject will
become desperate and
confess under
investigation in order to
escape from the false
accusations.
e. Bluff on a Split Pair
- This is applicable when
there are more than one
suspect.

The suspects are


separated and one is
informed that others has
talked.
Methods of reproducing interview or
interrogation
1.Mental Note - Relying in simple memory
has the advantage of permitting an
uninterrupted flow of information without
inspiring caution due to appearance of pencil
and paper. The disadvantage is that the
untrained memory may come away from an
interview with little more than general
impression and a few phrases.

2.Written note - A written note must


necessarily be sketchy. It must only record
significant data. An interrogation which may
be accompanied by oral confession, requires a
more exact reproduction. A flood of
information may overwhelm the interrogator
when dealing with a subject who suddenly talk
freely.
3. Stenographic notes - The presence
of a stenographer may deter a hesitant
subject. Moreover the interrogator
seldom has stenographic facilities at his
disposal.

4. Sound recordings - The disc, tape


or wire recording has been found to be
the simplest and most practical means
of reproducing the interview or
interrogation. It requires of course,
physical preparation and a moderate
degree of technical facilities.

5. Sound Motion Picture - The ideal


solution is sound motion picture that is
the combination of sound and sight
which most nearly represents to senses
the event itself.
General types of recording
1.Overt transcript - this is the recording of
the interview known to the subject. The
suggestions f the recording may come from
the investigator or from the interviewee
himself.

The nature of the investigation will


determine whether the investigator should
suggest that a recording be made. If the
witness is “friendly to the prosecution” and
the information which has to offer is
complicated in nature, the most practical
procedure is to request permission to record.
A courtesy copy of the record may be given
to the interviewee if he so requests.

2. Surreptitious Transcript – This is the


recording of the interview without the
knowledge of the subject.
In summary:

In interrogation process, all skills of an


investigator might become useless if she/ he will
not know the limit of his/ her actions.

Being a good investigator takes a lot of time and


experience so you can bring out any information
related on the case you are on hold to.

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