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Traditional, Structural, and Inferential Interviewing with Statement Analysis Techniques Chapter 4 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 4-1 © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Traditional Interviewing Just-the-facts approach Use for witness evaluation Preliminary assessments To obtain emergency response information For field interviewing with limited time 4-2 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Identify the Sources Side-tracker One who falsely claims involvement as a witness or suspect to a crime 4-3 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Complainant The person who reports a crime or accuses another of an offense Victim or witness 4-4 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Guidelines for Traditional Interviewing Ask questions to answer in any order Who, what, when, where, why, how 4-5 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Determine the Actus Reus Determine if a crime has been committed Determine the nature of the offense 4-6 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Obtain an Admission Where Relevant An admission is when a person gives information of having been involved in a crime but downplays their role or lies about the extent of their behavior 4-7 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 What? What offense was committed? What happened? What weapon was used? What was said? What did the eyewitness hear or see? 4-8 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 What? Avoid leading questions Avoid sounding accusatory 4-9 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Who? Who is the victim? Who is the perpetrator? Who are the witnesses? 4-10 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Who? Get names, addresses, telephone numbers, and physical descriptions Find out if there are any family relationships Obtain prior record information Search records for outstanding warrants 4-11 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 When? When did this incident occur? When was the event reported? When did injuries occur? When did the injured seek medical attention? 4-12 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 When Is the incident still ongoing? How old or new is the complaint? Has this type of offense ever occurred against the victim in the past? 4-13 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Where? Where was the location of the incident? Where did the event begin and where did it end? Where were the witnesses located in relation to the offense? 4-14 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Where? Determine the jurisdiction of the crime Does the event cross multiple jurisdictions? Were the witnesses located to accurately view or hear what they report? Were there indications of force or forced entry? 4-15 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Why? Establish the mens rea Perpetrator state of mind 4-16 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Mens Rea Purposefulness: What is the reason or goal of the act? Knowing: What was the activity that the person should have known will bring consequences? Reckless behavior: Is the behavior one that increases the risk of harm? Neglect: A failure to act where a duty of care exists 4-17 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 How? How did it happen? How was the victim approached? How did the perpetrator gain access? How often has a similar event occurred? 4-18 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 How? Include information leading up to the event and after the event Determine the sequence of events 4-19 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Conducting the Traditional Interview Treat all with dignity Be courteous and professional Avoid professional jargon Do not make ANY promises Never suggest confidentiality Establish rapport 4-20 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Tools Use sketches and drawings Leave with the understanding they may be contacted again 4-21 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Get contact information © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Indirect Approach Exploratory to find out what they know Use open-ended questions Clarifying questions Avoid leading questions 4-22 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Vs. Direct Approach Ask specific questions Avoid leading questions Use with an uncooperative person Determine source of difficulty 4-23 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Structural Interview Designed to maximize recall and minimize contamination Adds rapport building, narrative description, and an ample interviewee response to the traditional interview method 4-24 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Structural Interview Incorporate active listening skills Use of open-ended questions Appropriate non-verbal behavior Encourage active participation by the interviewee Do not interrupt narratives Record accurately and completely 4-25 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Structural Interviewing Steps Build rapport Obtain narrative description from non-leading and open questions Allow ample interviewee response time 4-26 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Structural Interviewing Steps Use specific probing questions to elaborate Request the interviewee recount the entire event a second time 4-27 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Inferential Interviewing: Four Principles to Discover Dishonesty 1. Coherency: A statement should make sense by not violating the rules of nature or contradicting itself 4-28 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Discover Dishonesty 2. Response Rate: Deception is associated with shorter response length, a slower rate of speech, and more speech errors (verbal leakage) 4-29 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Discover Dishonesty 3. Type-Token Ratio: Unique words divided by total words in a statement 4-30 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Discover Dishonesty 4. Verbal Hedges: Verbal techniques used to buy additional processing time 4-31 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Verbal Hedging 4-32 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Methods to avoid answering and to buy time © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Examples of Verbal Hedging Unnecessary use of connectors— Uhs… ums… ands… ors… Repeating all or part of the interviewer’s question before responding Claimed lack of memory I couldn’t see, wasn’t paying attention Repeated extraneous information He said, she said, he did, she did 4-33 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Statement Analysis A word-by-word examination of the grammar within a statement Can be used with any method of interviewing as an assessment of deception Both written and oral statements can be evaluated 4-34 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Components of Statement Analysis Parts of speech Extraneous information Lack of conviction Statement balance 4-35 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Parts of Speech Evaluate pronoun, noun, verb, adjective Establish the norm in the statement Look for changes to the norm, evaluate why 4-36 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Example Example in rape case: My story (noun) has never changed; I would never hurt (verb) the child (adjective), I love (verb) him 4-37 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Pronouns Truthful persons provide statements using the pronoun “I,” first person singular Overuse of “we” indicates a lack of commitment and unwillingness to take responsibility 4-38 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Examples Example of truthfulness: I woke up and went to school. I met some friends and we went to class together. At noon we all left. Example of lack of commitment: I woke up. We all met and went to class. We left when the lunch bell rang. 4-39 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Nouns A change in noun use signifies a change in the reality of the suspect 4-40 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Examples Example of the norm: I loved my baby. I did not mean to hurt my baby, but I drowned her. Example of a deviation: I loved my baby. I did not mean to hurt my baby, she went under the water and something kept her down. 4-41 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Verbs It is normal to use the first person, singular past tense to recall past events Change in the tense of the verb signals possible deception 4-42 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Examples Example of the norm: I saw the shooting, I was so scared that I ran as fast as I could. Example of a deviation: I saw the shooting. I am so scared that I run away as fast as I can. 4-43 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Verbs Statements which contain verbs such as “tried” or “started” represent a weakened assertion of the facts 4-44 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Examples Example of the norm: I screamed “no” over and over. Example of a deviation: I tried to scream “no” over and over. 4-45 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Adjectives Use of “that” and “those” to refer to a person suggests distancing 4-46 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Examples Example of the norm: I did not hurt David. Example of a deviation: I did not hurt that child. 4-47 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Field Statement Analysis A shortened version of the statement analysis Uses two rather than four components Lack of conviction Extraneous information 4-48 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Lack of Conviction A truthful statement is given with conviction Frequent “I don’t remember” or “I believe” or “kind of surprised” are suspect 4-49 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Extraneous Information A truthful person will provide events in a chronological order A truthful statement contains three parts; prior to the event, the event, and afterwards They should contain roughly the same amount of information 4-50 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458