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SPECIALIZED CRIME

INVESTIGATION 2
with SIMULATION on
INTERVIEW and
INTERROGATION
INTERVIEW
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.
COGNITIVE INTERVIEW defined – it 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 inference from the
interviewer. After narration, the subject will be subjected to direct
examination and cross examination, to clarify the unexplained
portion to arrive at a clear and complete picture of the testimony.
Leading questions greatly helps the investigator to obtain the full
and desired information.
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.
Forceful Personality
 The appearance of the interviewee and other qualities such
as skills of communication techniques and the force of his
language are the mainstays of the strength of his character.
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.
Conversational Tone of Voice

 His tone of voice must be conversational, not


confrontational as in interrogation
B. 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.
 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 their
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 belong to the same cult.
C. 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.
D. 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.
 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.
E. 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.
F. Types of Witnesses According to their Attitude

 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.
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.
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.
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.
Honest Witnesses

 These are truthful and


cooperative witnesses where the
investigator could rely upon,
with little or no problem in
handling them.
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.
Timid Witness

 They are the shy-type of


witnesses. The approach must
be friendly and reassuring
confidentiality of their
information.
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.
Refusal to Talk Witnesses

 These are the most difficult


subjects to deal with. The
causes maybe trauma, shock,
fear, hatred, and others.
G. 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.
H. Complaints and 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.
TOPIC 2: THE ART OF NTERROGATION

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