Chapter 2—Interrogation and Forensic Reporting



Chapter 2—Interrogation and Forensic Reporting

Introduction—Objectives

1. Identify important events in the history of law enforcement.

2. Explain J. Edgar Hoover’s contributions to the formation of the FBI.

3. Evaluate the importance of a code of ethics to professional organizations.

4. Compare and contrast an interview and an interrogation.

5. Describe the cognitive approach for interviewing.

6. Discuss special considerations for interviewing children.

7. Differentiate between the fi ve common models of interrogation.

8. Explain the importance of objectivity in report writing.

Introduction—Vocabulary

• ethics - a set of rules that define appropriate behavior in a situation

• interrogation - official questioning of a suspect or witness by law enforcement

• interview - a question and answer session that does not accuse but is instead intended to gather information concerning a case and/or a suspect

• interviewer - a trained individual who questions witnesses or suspects and is able to interpret cues in verbal and physical behavior

• objectivity - judgment that is not influenced by personal feelings or bias, focused on fact

• suspect - an individual under investigation for his or her alleged involvement in a crime

The Last Drive

• October 24, 1994

• Susan Smith claims she was carjacked with her children still inside the car

• Parts of her testimony don’t make sense

• Local sheriff works with FBI to develop questions and strategies to get Smith to confess

• Smith was convicted of two counts of murder and sentenced to life in prison

Historical Development (Obj 2.1, 2.2)

England

• 1115 — The Laws of Henry I outlined the legal customs during that reign

• 1748 — the first magistrate appointed to prosecute criminals

• 1829 — Peel introduced the Metropolitan Police Act, creating the first modern police force

The United States

• 1790 — NY City has a fully operational daytime paid police force

• U.S. Department of Justice

1 Attorney General position created by the U.S. constitution

2 1908 — the DOJ organizes a group of 34 special agents and called the Bureau of Investigation

• Edgar J. Hoover

3 Established new professional standards for employment and promotion in the Bureau

4 1924 — created central storage for fingerprints

5 1932 — created a crime lab

6 1935 — name changed to the FBI

Ethics (Obj 2.3)

• Ethics is a set of guidelines— written and unwritten—that explain appropriate conduct for a particular situation or profession.

• A written code of ethics describes a process for enforcing appropriate conduct by a profession’s members and usually establishes a system for the investigation and resolution of alleged unethical conduct.

Bias (Obj 2.3)

• Criminal investigations must try to avoid bias

• Minimize preconceived notions about any aspect of the case - such as victim or suspect

• Bias can affect the evaluation

Miranda Warning

• You have the right to remain silent

• Anything you say can and will be used against you in a court of law.

• You have the right to talk to a lawyer and have him present with you while you are being questioned.

• If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.

• You can decide at any time to exercise these rights and not answer any questions or make any statement

• WAIVER: Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk to us now?

Interviewing Techniques (Obj 2.4, 2.5, 2.6)

• Interviewing Children

• Make the child feel as safe and comfortable as possible

• Techniques vary depending upon age and the nature of the crime

• Questions are prepared in advance

• The setting is in a private location

• The interview is usually videotaped

• Children in the Courtroom

• Children are naturally very truthful

• Make sure the child understand the responsibilities of being a witness

• The judge must consider the emotional impact on the child

• Should the child face the alleged perpetrator?

Interrogation—Preparing

• Review all documentation

1 Witness statement

2 Police reports

3 Physical evidence collected

4 Laboratory reports

• Follow established guidelines

Interrogation—Physical Setting

Privacy

Soundproof room

Minimal furniture

Speaker system

Mirror/Glass for observation

Interrogation—Organizing

Interviewer

Establishes control

Explains the suspect’s 5th & 6th amendment rights

Shows evidence to support the case

Body language is very deliberate

Interrogation—Models

Signs of Deception

A combination of behaviors

Eye and mouth movements

Not looking directly into the interviewer’s eyes

Arms crossed

Cover the mouth

Shifting position abruptly

Reporting Information

Be accurate

Be truthful

Be objective

Be comprehensive

Chapter Summary

• As cities grew, the focus of policing shifted from peace-keeping to crime prevention.

• The U.S. Department of Justice initially relied on outside organizations to perform investigations.

• J. Edgar Hoover,director of the Bureau of Investigation,

set standards for employment and promotion,

consolidated the fingerprint databases, and

created a crime lab to help federal, state, and local agencies process and analyze evidence.

• A code of ethics is a set of guidelines for appropriate behavior as well as a system to enforce professional conduct.

• During an interview, an investigator asks questions designed to gather information.

• During an interrogation, the investigator expects to gather incriminating statements or a confession.

• The most common interview technique is the cognitive approach, which enhances recollection of information.

• Special considerations are always given when interviewing children, but the ultimate goal is to obtain the truth.

• The five common models of interrogation are suspect decision-making, cognitive-behavioral, psychoanalytical, emotional, and interaction process.

• Accurate, truthful, and objective reporting is essential to maintaining professionalism standards.

• Objectivity is a focus on facts without influence from opinion or bias.

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