Interviewing Procedures Flashcards
(20 cards)
What behaviour demonstrated by a lawyer would be deemed unacceptable during a suspect interview?
Answering the interviewer’s questions on behalf of their client.
True or False: If a suspect has signed your notebook that they agree with your record of the events that occurred prior to interview, then there is no need to refer to these events on video.
False
True or False: A written statement from a witness interview can not include slang, swearing or colloquialisms as it is a legal document.
False.
“Was the car you saw driving off a station wagon?” could be what type of question?
leading.
A lawyer is consulting with her client in the interview room. She complains that the video machine is on and can be monitored from another room and requests that it be turned off. What response should she receive?
The machine will be turned off immediately as requested.
What types of questions are the following:
- Questions that can be answered with yes or no.
- Questions that can influence the witness answer.
- Questions that seek to clarify information given.
- Closed
- Leading
- Probing
True or False: An interview should avoid asking probing questions beginning with why
True
During interview, a suspect alleges another officer has been harassing him and he wants to make a complaint.
Should a suspect’s complaint affect the interview progress in any way?
Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following the interview.
If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the court will:
Make you honour the promise and rule the evidence as inadmissible.
When using the free recall model the interviewer:
Does not include a challenging phase.
A witness in a free recall interview:
Should be challenged following their first FR account.
When a video tape of an adult witness interview is to be used as evidence in chief, then the O/C case must ensure:
The witness has viewed the video and given their signed consent for it to be used.
When a witness has proved a description that matches the suspect the best way to present this as a challenge during the suspect interview is to say:
A witness has provided details of an offender that fits your description.
What behaviour demonstrated by a lawyer at interview would be unacceptable?
Challenging the interviewer on the validity of the allegations made.
A youth elects his mother as his NP. She asked about the charges her son may face. Is she entitled to an explanation?
Yes, the enforcement officer should inform her of the nature of the charges as soon as possible.
“Was it as green car?” is what type of question?
Closed.
True or False: Probing questions are the preferred way to start a suspect interview.
False.
A suspect declines a lawyer but although he agrees to an interview he says “if you keep that video running I won’t say anything”. What should you do?
Explain the advantages of a visually recorded interview and say he has the option of preparing a written statement.
At the engage and explain stage of a witness interview the interviewer established the ‘ground rules’ which are:
- You say they should tell you all they know in as much detail as possible, everything that comes to mind.
- You say you understand considerable focused effort is required and that this may be difficult so they can take their time to remember.
- You say they should do all the talking as you don’t know what happened and that they should correct you if you misunderstand.
- Report everything
- Concentrate
- Take control
True or False: A suspect interview can proceed without their consent.
False
