MODULE #1 Flashcards
(162 cards)
confession
an admission of guilt
Why are Pre-interview Preparation and Decisions important?
Performing these preparations will enable the investigator to elicit a greater amount of accurate information during the interview, which may be critical to the investigation.
Pre-interview Preparation and Decisions (6)
- Review available information
- Plan to conduct the interview as soon as the witness is physically and emotionally capable
- Select an environment that minimizes distractions while maintaining the comfort level of the witness
- Ensure resources are available (e.g., notepad, tape recorder, camcorder, interview room)
- Separate the witnesses
- Determine the nature of the witness’s prior law enforcement contact
Interviewing a witness: Review available information (2)
- may include police reports and crime scene information.
- It is important for the interviewer to have all information relevant to the case prior to conducting the interview so that the interview can be tailored to elicit the maximum amount of information from the witness.
Interviewing a witness: Plan to conduct the interview as soon as the witness is physically and emotionally capable
This will ensure that the information is still fresh in the witness’s memory.
Interviewing a witness: Select an environment that minimizes distractions while maintaining the comfort level of the witness
Distractions may interfere with the witness’s memory retrieval, therefore the investigator should avoid interviewing the witness in an environment where distractions are more likely to occur, such as a place of business.
Interviewing a witness: Ensure resources are available
ie. notepad, tape recorder, camcorder, interview room
Have these items ready prior to the interview to ensure the interview will not be interrupted.
Interviewing a witness: Separate the witnesses (2)
- Independent witness statements can be used as corroboration/ confirmation.
- Witnesses should not hear other witnesses’ statements because they may be influenced by that information.
Interviewing a witness: Determine the nature of the witness’s prior law enforcement contact (2)
- This may include an arrest record, prior victimization, warrants, or any relationship to/with law enforcement personnel.
- This information can help put any information obtained from the witness into context for the purpose of assessing witness credibility and/or reliability.
Why is Initial the (Pre-interview) Contact with the Witness important?
A comfortable witness provides more information, therefore investigators should ensure the witness feels comfortable and safe talking about the crime.
Upon meeting with the witness but prior to beginning the interview, the investigator should implement the following procedures. (2)
- Build rapport with the witness
- Volunteer no specific information about the suspect or case
Build rapport with the witness: (3)
- The development of rapport between the witness and interviewer will make the witness more comfortable during the interview process.
- The investigator should show sympathy, understanding and respect through flattery and gestures like offering the witness a beverage.
- They should try and establish an amicable relationship with the witness and make them feel at ease.
Volunteer no specific information about the suspect or case: (2)
- Telling witnesses facts about the suspect or case may influence their memory for the incident.
- The interviewer must ensure that information from the witness is based solely on the witness’s memory and not on any information gleaned from the interviewer.
four basic principles of interviewing cooperative witnesses
- Social dynamics between the interviewer and witness.
- Facilitation of the witness’s memory and thinking.
- Communication between the interviewer and witness.
- Sequence of the interview.
Social dynamics between the interviewer and witness. What two goals are critical to establishing appropriate social dynamics?
- Maintain or re-establish rapport with the witness
- Active generation of information - Encourage the witness to actively and voluntarily report information, rather than passively respond to the interviewer’s questions
Facilitation of the witness’s memory and thinking. (2)
- Information about the incident is stored in the witness’s mind.
- For the witness to remember these events, they must concentrate and search through memory efficiently.
Communication between the interviewer and witness. (2)
- The interviewer has investigative needs to solve the crime and the witness possesses relevant knowledge about the details of the crime.
- Both individuals need to communicate this information.
Sequence of the interview. (6)
- To be effective in obtaining the maximum amount of information from a witness, the interview should be conducted in stages.
- The structure of the interview is first designed to relax the witness and gain their trust.
- The interview should continue with general instructions provided by the interviewer, followed by the witness’s narrative, and then relevant, probing questions by the interviewer.
- Ideally, information should be gathered using primarily open-ended questions.
- More specific, closed-ended questions should be used only when the witness fails to provide a clear or complete response.
- The interview is then closed, leaving lines of communication open between the interviewer and witness.
Establishing rapport with the witness (3)
- When seeking to obtain information of a personal or intimate nature from a witness, establishing a personal relationship with the witness gains their trust.
- Rapport development will help the witness to feel more comfortable conveying personal information.
- It can be accomplished by personalizing the interview and by developing and communicating empathy.
some specific things that the investigator can do to build rapport: (3)
- Show understanding and concern:
- Personalize the interview.
- Listen actively.
Show understanding and concern:
This can be accomplished by asking about the witness’s mental and physical health (if relevant), empathizing with the witness’s situation, avoiding judgmental comments and establishing common ground with the witness.
Personalize the interview (2)
- The interviewer should treat the witness as an individual and not as a mere statistic.
- This can be accomplished by referring to the witness by name and by avoiding pre-memorized questions that sound programmed or artificial (e.g., “Is there anything you can tell me that would further assist this investigation?”).
Listen Actively
The interviewer should ask interactive questions that follow up on the witness’s previous responses, repeat witness’s concerns, lean forward, and make eye contact with the witness.
Active generation of information: (2)
- The witness should be encouraged to volunteer information without prompting.
- Because the witness, rather than the interviewer, possesses the relevant information, the witness should be mentally active during the interview and generate information, as opposed to being passive and waiting until the interviewer asks the appropriate question before answering.