Chapter 10: Interview and Interrogation Methods Flashcards
(31 cards)
Explain the importance of interviewing
Verbal and nonverbal cues observed during interviews can provide an interactive give-and-take that can produce additional evidence, lead to the identity of the perpetrator, and yield on of the most useful forms of direct evidence: the confession.
Even without a confession, documentation and credible info from an interview can cause a judge or jury to convict a suspect based on circumstantial evidence alone.
Interview
a conversation in which persons are questioned and their response noted (verbal and nonverbal).
Interrogation
an information-seeking questioning technique technique that law enforcement uses to obtain information about a crime from those who are suspected of committing it and is, therefore, more likely to involve confrentation.
Preparing for an Interview
- Become familiar with the physical, document, and observation evidence already collected.
- Profile the suspect-interviewee in light of the fraud triangle:
- Formulate an interview plan, maintain professional skepticism, and avoid tunnel vision.
Profile Considerations
- Position in the firm, job functions, length of time with the firm.
- Salary and benefits.
- Any promotions that may have been expected but not received.
- Work-related interaction with co-workers.
- Age and marital status, interests and hobbies.
- Assets, outstanding bills, including recent large purchases
Conducting Multiple Interviews
- Begins with individuals who are not suspects and then proceed to those who are least culpable, and finally end with the most culpable (i.e., suspects)
- If collusion has occurred, the suspects should be interviewed in the order of their responsibility—the suspect believed to be most responsible is to be interviewed last.
- Interviewer usually requests that each person being interviewed not discuss the matter with anyone.
What is the purpose of asking the interviewee not to discuss the matter with anyone?
- Preserve evidence (a suspect could destroy evidence if he/she believes a fraud he/she committed is being investigated) and
- Give the suspect less opportunity to think if a plausible alibi, a defense he/she uses to support her assertion of innocence.
What are the five types of interview questions?
Introductory, Informational, Assessment, Admission seeking, and Concluding.
What types of questions are asked to nonsuspects?
Introductory,
Informational, and
Concluding.
What types of questions are asked to suspects?
Introductory,
Informational,
Assessment, and
Admission seeking
Introductory questions
- Are for both suspects and non-suspects.
- Seek to establish rapport with the interviewee, and cooperation from the interviewee.
- Should avoid using sensitive terms like “audit” or “investigation.” Use words like inquire or questions
- Should include only non-incriminating questions (so it can be accompanied with close observation of the subject’s demeanor and behavior).
Calibration
Close observation
The subject’s behavior with non-confrontational questions can later be compared to his behavior with confrontational questions.
Rapport
Examples: introducing oneself, making eye contact and shaking hands.
Purpose: increase the likelihood that the subject will answer the questions posed.
Informational Questions
- Are for both suspects and non-suspects.
- Are designed to collect information that is relevant to the investigation.
- Represent the most important and most frequently used type of questions an interviewer can ask.
- Should include questions directed to the interviewee regarding whom she believes committed the fraud and why, assuming she knows the purpose of the investigation.
Concluding Questions
For non-suspects and suspects who don’t show deception.
Are used to
1. confirm information received by the interviewer during the interview,
2. obtain information that has not yet been gathered, and 3. seek the subject’s agreement that he will continue to cooperate.
Assessment Questions
- Are given only to suspects
- Must be accompanied by monitoring of verbal and non-verbal cues
- Can provide indications of guilt including: evasive answers, qualifiers, attacking the interviewer, eye movements, body language signals may signal deception or guilt
Admission-Seeking Questions
- Are only given to suspects who show signs of deception
- When seeking a confession, and with sufficient evidence in hand, the investigator may directly accuse the subject.
- Consider asking a leading question so that any answer to the question is an admission of guilt.
- If the evidence is strong and the suspect doesn’t admit guilt, then indicate you have strong evidence and are going to terminate the interview and report that the suspect won’t cooperate.
- The investigator should not disclose all her evidence without a confession.
- Make confessing easier by giving the suspect a morally acceptable reason for committing the fraud.
- After a confession, the ask in a considerate manner for the details of the fraud.
When accusing the subject the interviewer should:
- When making the accusation, the interviewer should avoid the use of emotionally charged words such as fraud or theft.
- The investigator should not ask the subject whether she acted wrongly but tell her that she is aware of the fraud and knows that he committed it.
- The suspect should then be asked a question that, if answered, is tantamount to an explicit confession.
- The questions should structured so that the answer is a general admission of guilt but not a specific admission to a particular fraud.
Is it recommended to record an interview?
No. You need two way consent. When you tell people they are being recorded they may get nervous and not want to say some things.
Interview notes
- Take brief notes during the interview
- Right after add more details after
- While taking notes avoid making it obvious they are giving important information. These signs include underlining and circling.
Written questions
Not generally recommended by text book but prof. says have a list of questions.
Interview setting
- Interview suspects in a neutral location
- The subject should not be seated behind a desk or table
- The subject should have easy access to an unlocked door
Number of interviewers present for interviews
Two should be present for admission-seeking questions; otherwise one is ok
Mirroring
Examples: copying body language.
Reasoning: helps establish rapport - being friendly