2020 Certificate in Forensic Investigation Techniques, 1 ......“Interrogation is the communication...

12020 Certificate in Forensic Investigation Techniques,

Thursday 12 March 2020

1. Basic Concepts: Interviewing, Interrogation and

extraction

2. Planning and preparing for Interviews and

Interrogations

3. Structure of an Interview

4. Discussion

5. Judicial restrictions

6. Variables involved2

7. Person being interrogated

8. Characteristics of successful interviewers and

interrogators

9. General approaches

10.Specific Techniques

11.Resources used in Interviewing and Interrogation

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PART 1: Basic Concepts: Interviewing,

Interrogation & extraction

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INTERVIEWING: Prelude to an investigation

To determine what has taken place

To establish the truth

To provide all possible evidence to court

What have I got?

What do I need?

Where do I get it?

How do I get it?

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WHAT IS AN INTERVIEW?

Together with Interrogation and Extraction,

it forms part of the information gathering

process.

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DEFINITION:

“The process of communication between the

interviewer and the interviewed person, during

which the principles of freedom and privacy apply”

The interviewed person is a witness and therefore

not detained or the subject of legal prosecution.

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DEFINITION:

“Interrogation is the communication between the

interrogator and the interrogated person, who is

either a suspect or an uncooperative (hostile)

witness”

During interrogation the principle of upholding a

person’s Constitutional rights is upheld.

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DEFINITION:

“Extraction is the approach whereby a suspect

is forced by illegal means to divulge

information against his/her will.”

Extraction is always illegal if a person’s

individual rights are ignored.

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PART 2: PLANNING FOR INTERVIEWS &

INTERROGATION

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PREPARING THE CASE

Review the facts of the case.

- Consider ALL the evidence

- Anticipate explanations

- Have all the facts at hand

- Do not break concentration

- Do not allow subject to take over13

Review background of the subject

- Study background of subject and witnesses

- Study will prevent lies & deception

- Know in advance attitude of subject

- Will assist timing & sequence of interviews

- Will assist in determining when best time is

for interview 14

PREPARING THE CASE FILE

Proper use of case file will help in gaining full

information – gives impression that full investigation

has been done

File to contain all material necessary for the interview

Have documentary evidence available

NEVER leave file unattended or hand exhibits to

subject

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PREPARING THE APPROACH, TECHNIQUES

& QUESTIONS OF AN INTERROGATION

Conversation with subject to be planned in

line with ultimate goal

Plan conversation around structure

Consider the type of questions & sequence

Importance of wording is vital.16

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PART 3: STRUCTURE OF AN INTERVIEW

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Facts: Case

Interviewee’s Background

Statutes and Elements

Timing:

Location: Your Place

Interviewee’s Place

Neutral Territory

Plan: By Whom & How Many

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Name, Authority & Purpose

Proper Introduction Will set Tone for Entire

Interview

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Common Ground, Respect

Often an Extension of the Introduction

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Who, What, When, Where, Why & How

Open-ended followed by Listening

Cognitive Interview

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Ensures Mutual Understanding

Opportunity for Note Taking

Enhances Witness Recall

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Positive prompt: “What have I forgotten to

ask?”

Aggressive prompt: “What have you not told

me?”

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Should Create Positive Impression

Leaves Open the Possibility for Re-contact

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The Only Way to Learn from Your Mistakes

Critique Interviews from the Above Steps.

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PART 4: Discussion of Interviewing, Interrogation & extraction

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Informal discussion

Subject not suspected of a crime

Purpose is to obtain information the

interviewee has about the matter under

investigation

Interview may develop into an interrogation

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Formal conversation between the investigator and

a suspect/defendant or an unwilling/hostile

witness.

To establish the truth about the matter being

investigated

Also refers to the formal questioning of a person to

obtain a full and accurate disclosure of facts

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Even if interrogated person cooperates there

are rules to follow

If interrogated person resists, legal means

should be used to convince him/her to

cooperate

Creativity should be used by the interrogator

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Legal means to force cooperation:

Criminal Matters:

- Section 205 of the Criminal Procedure Act

1977 (Act 51 of 1977

Civil Matters: ?

Disciplinary Matters: ?

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DISADVANTAGES:

Mentally and physically tiring

Time-consuming

Interrogation may last several hours

Legal prescriptions – Rights of the individual

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Illegally infringing the psychological privacy of a person

Forcing person to reveal information

Always illegal

Example:

- Assault/violence

- Threat of assault/violence

- Extremely lengthy interrogation

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PART 5: JUDICIAL RESTRICTIONS

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POTENTIAL WITNESSES

Investigations by the SA Police:

Cooperating Witnesses

Sec.26 and 41 of the Criminal Procedure Act

1977.

Uncooperative Witnesses:

Sec.205 of the Criminal Procedure Act

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QUESTIONING SUSPECTS, ARRESTED AND

ACCUSED PERSONS:

Investigations done by the SA Police:

- SA Police Policy

- Constitutional Rights

- Judges’ Rules

Rights of such persons to be explained

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CONSTITUTION AND THE JUDGES’ RULES:

Courts may exclude evidence obtained in

improper or unconstitutional manner

Constitutional rights are not absolute

Judges’ Rules are guidelines for Police

Ensure that rights are explained to a person

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ADMISSIONS AND CONFESSIONS:

Right not to incriminate oneself

Right to remain silent

RIGHT TO ASSISTANCE:

All suspects have the right to legal assistance

Right may be waived

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HEARSAY EVIDENCE

It is information that comes to the notice of the

investigator through a third party.

Although it may not be admissible as evidence,

it should not be excluded from the statement

All information to be contained in the

statement

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PART 6: variables involved

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THE CRIME:

What is being investigated – What have I got?

Stick to the facts of the matter in hand

THE SUSPECT/DEFENDANT

Take personality into consideration

Differences determine technique

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THE INTERVIEWER/INTERROGATOR

Adaptable to circumstances

Behaviour to be sensitive to context

THE APPROACHES & TECHNIQUES

Number of broad approaches

Use one suitable for situation

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INTERROGATION ROOM AND RESOURCES

USED:

Create right atmosphere

Choose venue conducive to cooperation

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PART 7: types of interviewees

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INCIDENTAL CRIMINAL:

Person who became involved negligently

Usually a person who wants to cooperate

Person had no intention to commit an

offence

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PSYCHOPATH:

Antisocial Personality Disorder (ASPD) - Diverse

motivations for engaging in criminal behaviour

Psychopaths – Total lack of empathy

ASPD likely to respond to rehabilitation while

true psychopaths not

Catch a psychopath out on continuous lies

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PROFESSIONAL CRIMINAL:

Commits crime for a living

May also be a psychopath

Great challenge to interrogator

Investigate thoroughly & confront

No regrets (only being arrested)

Will only cooperate for own benefit51

WHITE-COLLAR CRIMINAL:

Social status type commits economic crimes

Sophisticated person

Well educated

Knows Laws, Rules, Regulations & rights

Investigator to know facts & choose most suitable

approach & technique52

SOCIO-ECONOMIC CRIMINALS:

Turns to crime for survival

May become hardened criminal

If arrested/confronted early, may cooperate

easier

Use of emotional approach successful

Very challenging subject with little success

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PART 8: the investigator / interviewer

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SUITABLE QUALIFICATIONS AND TRAINING:

Highly qualified & well trained

Good knowledge of the law

Command respect

Personality

Professional appearance

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LANGUAGE PROFICIENCY:

Fluency in language

Understand meaning of words

ACTING ABILITY

Good actor – able to think on feet

Adaptable and convincing

Be sincere – don’t get caught out

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WELL-GROOMED

Posture, Physical appearance and tone of voice

Exude professionalism

EMPATHY & SYMPATHY

Sympathetic ear and understanding

Win trust by listening attentively58

INTEGRITY:

Moral depth, honesty & sincerity

Assure person of just, impartial treatment.

SELF-CONTROL:

Control temper

Accept setbacks & keep to moral limits

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TAKE CHARGE:

Forceful, self-assured personality

Steer interrogation in direction

Do not be distracted or disrupted

Do not abuse power

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IMPARTIALITY:

Primary concern to discover truth

Achieved only by thoroughness

Unbiased

Approach each witness without prejudice

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PART 9: general approaches

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OBTAIN ALL NECESSARY INFORMATION:

This is the basis – What have I got?

What do I need?

Where do I get it?

How do I get it?

Suspect interrogated last 64

KEEP PURPOSE IN MIND:

Purpose of interview determined first

Main aim is to get the truth

Obtain information

Structure questions to achieve goal

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SELECT APPROPRIATE STRUCTURE:

Structured or unstructured approach

- Structured is where questions are asked. It is

planned beforehand. Danger of closed answers (Yes,

No)

- Unstructured is where the subject is allowed to

speak without interruption and then ask questions

later – TED Principle applied (Tell, Explain, Describe)

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SEQUENCE QUESTIONS EFFECTIVELY:

Do not confuse the witness by irrelevant

interruptions

Ask follow-up questions immediately after

the original statement, or

Leave questions until the witness has

finished his/her story67

ASK OPEN-ENDED QUESTIONS:

TED Principle applies

DO NOT RELY ON NON-VERBAL INDICATORS OF

DECEPTION

Non-verbal is how the spoken word is presented

Deception is very difficult to detect

Wrong assumptions can be made68

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DIRECT APPROACH:

Direct confrontation

Ask positive and direct questions

Interrogator to be calm and self-assured

Applied during structured interviews

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INDIRECT APPROACH:

TED PRINCIPLE applied

Applied during unstructured interviews

EMOTIONAL APPROACH:

Play on subject’s feelings

Questions designed to arouse emotions

Capitalize on this situation71

ESCAPE APPROACH:

Trickery and bluffing used

Should be used when subject’s

involvement is certain

If bluffing fails, interrogation is futile

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PART 10: specific techniques

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COGNITIVE INTERVIEW TECHNIQUE:

Re-instate the context – Witness to recreate the

incident.

Report everything – Witness to tell everything

they can remember repeatedly

Recount incident in different ways – Front to

back, back to front or what impressed witness

most75

Concentrate on retrieval – Witness must

concentrate on retrieving memory by:

- Making witness comfortable

- No distractions

- Focus on mental images

- Not rushed or interrupted76

ULTIMATE OBJECTIVE TECHNIQUE:

Only objective is to get truth

Requires patience and calmness to repeat

same question over and over

It underlines seriousness of the case

Witness realises that interrogator will not be

satisfied with anything but the truth77

FORMAL PROFESSIONAL TECHNIQUE:

Trust is basis of this technique

Appearance and behaviour of the interrogator

Professionalism should be the basis of the

approach

Create atmosphere of trust

Competent use of technical aids78

QUIET AND BUSINESS-LIKE TECHNIQUE:

Self-assured and calm attitude

Very effective with nervous persons as well as

to calm aggressive and hostile subjects

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PERSONAL ACCEPTANCE TECHNIQUE:

Avoid authoritative attitude

Adopt sympathetic and understanding attitude

Show the subject that he/she is accepted as a

person

Suppress own feelings

Although crime is inhuman, subject is not80

FREE NARRATIVE TECHNIQUE:

Subject to tell version without interruptions

Valuable & effective when full details are

known

Will also test credibility of others

Subject to repeat version several times – lies

will become apparent81

TECHNIQUE BASED ON FEELINGS OF GUILT:

Play on subject’s feelings – shock &

disappointment of friends & loved ones

Effective on emotional persons, first-time

offenders and those who committed the crime

on the spur of the moment

Give subject opportunity to clear conscience 82

CONSCIENCE TECHNIQUE:

Based on fact that most people have

perceptions on what is “right” and “wrong”

Act according to conscience

Encourage a choice between good and bad

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MOTIVE TECHNIQUE:

Concentrates on subject’s motive

Play on subject’s feelings & place him/her

under emotional pressure to tell truth

Interrogator must be thoroughly prepared &

familiar with subject’s background

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PESSIMISTIC TECHNIQUE:

Present gloomy picture if subject does not

cooperate

Make subject fearful of future if he/she does

not cooperate

Present possibilities like Sec. 5(2)(c) and other

nasty consequences85

PLAY-OFF TECHNIQUE:

Play one subject off against another by saying

that other suspect has confessed and blamed

him/her

Works well with young and inexperienced

subjects

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PART 11: resources used

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INTERROGATION ROOM:

Type of interrogation will determine the venue

- Witnesses at scene

- Subjects in private place

Subject’s home is best but interference makes

it unrealistic

Designated private office89

Interrogation room requirements

- Must be private.

- Must be secure. Subject to be searched. No

chance of escape, assault or suicide

- No telephone. Applies both to land-lines

and cellular telephones

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TEAM WORKERS IN INTERROGATION:

Team work is key to success

Approach & insight of others

Team will ensure investigation is at an

advanced stage, making interrogation easier

Assistance when & if required

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INTERPRETERS:

Use interpreter when parties don’t share same first

language

Avoid chance of misunderstanding

Must have full command of the language

Must not be a friend or relative

Must be of same gender

Brief interpreter fully beforehand

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No unnecessary conversation between subject &

interpreter

Interpreter must mimic the interrogator

Interpreter to convey exactly what was asked –

not own version

Interviewer to be in control of situation – get

opinion of interpreter

Interpreter must not take over role 93

MECHANICAL RESOURCES

Tape-recorders: Permanent & complete record of

session. Proof of what was said & no coercion

Video recorders: Great value to show what

happened. Disputes allegation of extraction.

Lie detection devices: Purely an indication. Voice

Stress Analysis. Psychological effect.

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THE END

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