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ArticleNovember 12, 2019John M. Gaspar

Simplifying the Investigative Process

A practical look at the investigative interview and interrogation process — when to use which, and how to make every interview produce evidence that holds up.

Generic Definition of an Investigation

Investigators define investigation as "the medium through which facts are discovered, gathered, preserved, and prepared as evidence for legal proceedings."

Interview vs. Interrogation

An interview is a conversational exchange with a person of interest focused on fact-finding. An interrogation is a probing conversation with unwilling or unknowing subjects designed to extract secretive information and obtain incriminating evidence.

A Window Into the Investigative Process

The investigative process follows the universal academic learning model: assess the facts, criticize assertions, integrate conclusions. Effective interviewing requires using control questioning to elicit psychological responses, observing kinetics and body language, establishing rapport, controlling interview flow, allowing uninterrupted dialogue, maintaining an open mind, and following facts wherever they lead.

Active listening is fundamental. When you can, let subjects tell their story uninterrupted.

Interview Types

Initial interview. Identifies circumstances surrounding an incident, lists possible witnesses and suspects, catalogs physical evidence, and classifies the incident.

Canvas interview. Follow-up neighborhood canvassing and witness searches via door-to-door inquiries, business establishments, and transportation companies.

Victim interview. Determines who, when, why, how, and where.

Witness interview. Obtains eyewitness information from various locations identified during initial interviews.

Suspect custodial interview. Questioning of individuals regarding involvement in criminal offenses, typically conducted by law enforcement.

Non-custodial interview. Fact-finding exercises typically performed by private security personnel emphasizing rapport and subject comfort.

National vs. International Considerations

International investigations present unique challenges requiring an understanding of foreign legal systems, cultural contexts, and languages. Investigators must recognize that approaches permissible in one country may be prohibited in another. Protections taken for granted in the United States — search-and-seizure rules, self-incrimination protections, Miranda warnings — differ significantly across jurisdictions.

The United Kingdom and India share common-law traditions with the U.S. Before conducting international investigations, consult legal counsel, research the host country's legal system, and become familiar with the local culture and language.

Preparing — The Homework Phase

Successful interviews begin with thorough preparation: review police and civilian reports, examine Crime Scene Investigation reports, conduct comprehensive background and social media searches, review Computer-Assisted Dispatch reports, speak with responding officers and interested parties, and determine consent requirements for electronic recording.

Interview Tips

Pre-plan questions. Put the interviewee at ease and develop rapport. Structure questions for clear understanding. Show personal interest. Keep interviews conversational. Listen carefully to verbal and non-verbal communication. Avoid interrupting. Determine information requirements before beginning. Schedule interviews when you have optimal personal energy. Pick distraction-free locations. Allow ample time. Maintain control of the flow. Accept emotive responses without criticism. Use shorthand rather than extensive notes. Leave the door open for follow-ups. Obtain written statements at the conclusion. When using interpreters, route communication between interviewer and interpreter.

Note-Taking

Don't attempt verbatim transcription. Audio or video recording is preferable when all parties consent. Don't get distracted by note-taking. Always preserve interview notes for future reference.

Shorthand suggestions. Q&A (question and answer), RQ (repeat question), RA (repeat answer), IE (interviewee), IR (interviewer), IW (interview), MVI (motor vehicle information), PI (police information), AKA (aliases), MPH (miles per hour), POB (place of birth), DOB (date of birth), NA (not applicable), ID (identification), CM (crime method), ICB (internal control break), SSF (security system failure), AF (audit failure), SF (security failure), BSR (background search required).

Interview Methods

Good Guy / Bad Guy. One interviewer attacks while the other defends the interviewee.

Role Reversal. The interviewer reverses roles: "If you were looking into this matter, what would you do?"

Interview Techniques

Pregnant pause. Asking a question and pausing creates uncomfortable silence that prompts continued conversation.

Trade-off. Offering to help the interviewee by suggesting their assistance will be considered favorably later.

Breaking down the story. Gradually obtaining truth by pointing out inconsistencies, prompting broader remarks and possible admissions.

Graceful exit. Allowing the interviewee to furnish excuses for behavior through sympathetic listening, keeping the door open for future interactions.

Deceptive Behavior — Types of Liars

Panic liar. Reluctant to face consequences.

Occupational liar. Has lied for years; it's habitual.

Tournament liar. Enjoys the challenge lying provides.

Ethnological liar. Taught never to "squeal" on others.

Sadistic liar. Won't give the interviewer satisfaction.

Psychopathic liar. Lacks conscience.

Helpful Hints

Astute interviewers note clothing, jewelry, tattoos, accents, and other personal identifiers. College rings indicate schools attended, sport jackets with elbow patches suggest academic affiliation, bow ties indicate non-conformist characteristics, and lapel pins showcase organizational affiliations.

Performing Due Diligence

After interviews and interrogations, each assertion must be truth-tested. Witnesses must be located and interviewed, background checks performed, and tips and leads verified.

Conclusion

Conducting interviews and interrogations is both an art and a science. The art involves setting the proper environment and stage; the science encompasses using observation and intuitive abilities to capture truth. Interviewers spend countless hours probing, examining, researching, listening, and observing before preparing their final reports.

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