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THE CRIMINAL INVESTIGATOR
This chapter includes the different principle of investigating crimes.
CRIME
Defines crime as a behavior, either by action or omission, that is prohibited or
required by law and deserves punishment. A crime is an act or instance that is considered to
be against the morals or laws of society. Some crimes considered as Mala prohibita ( bad
because prohibited) this are prohibited by statute but not inherently evil. Other crimes
considered as Mala in se (bad in themselves) this are considered inherently evil under general
community standards.
Types of Offenses:
Crime – is the commission (doing) of any act or omission (failing to do) that is
prohibited by law
Violations – offense involving breaches of regulatory or administrative rules,
punishable by fine only
Misdemeanors – is a crime that is typically carries a maximum penalty of a year or
less in jail, along with fines or other punishments. While not as severe as felonies,
Felonies – Felonies are serious crimes that can be punished by more than one year in
prison or death. The specific consequences of a felony conviction can vary depending on the
severity of the crime and the jurisdiction.
Anatomy of crime:
Motive - is a reason or goal that drives a person to act in a certain way. It’s the
underlying force that influences our decisions and behaviors. The reason why a person or a
group of people commit a crime
Instrument – is the object, tool, or weapon used to commit a criminal act.
Opportunity - is one of the three key elements often considered in the study of crime,
alongside motive and means. It refers to the circumstances that allow a crime to be
committed. This could involve vulnerability, time and place, lack of security, routine
activities.
Four (4) Reasons Why Crime Should Be Investigated
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1. Future deterrence of offenders
2. Deterrence to others
3. Community safety
4. Protection of the innocent
Two (2) Types of Criminal Investigation
1. Investigation while the suspect is under arrest and detention;
2. Investigation while the suspect is “at large” (Meaning- not under arrest
and detention, as distinguished from: -“ fugitive from justice”)
Police Operation distinguished from Police Investigation
Police operations are the tactical actions undertaken by law enforcement agencies to
prevent, detect, and investigate crimes, as well as to maintain public order and safety. These
operations can vary widely in scope and complexity, from routine traffic stops to major drug
busts or hostage situations.
Police investigations are the systematic processes undertaken by law enforcement
agencies to gather evidence, identify suspects, and solve crimes.
Criminal Investigator
The criminal investigator seeks to ascertain the methods, motives, and identities of
criminals and the identity of victims and may also search for witnessed and interrogate the
suspects. A skilled law enforcement officer who specializes in investigating crimes. They are
often involved in the entire process of a criminal investigation, from the initial response to the
arrest and prosecution of suspect.
How to Become an Investigator?
For many people, their idea of what does is based on what they see, hear, and read
investigator in the media, investigators movies, TV, and books. These depictions characterize
movies as ranging from dysfunctional violent rebel justice by t their own rules, to by-the-
book forensic who get the job done clinically using advanced science and technology. The
truth is, good investigation and real. Life investigators are unlikely to make a captivating
fictional script. Professional investigators and competent investigation is about the tedious
processes of fact-finding and sorting through evidence and information. It is about
eliminating possibilities, validating events, and recording evidence, all the while engaging in
an intentional process of thinking, analyzing, and strategically working towards
predetermined goals; not to mention extensive note taking and report writing.
Not just anyone can become an investigator. There are certain personal traits that tend
to be found in good investigators. Among these traits are:
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1. Being passionate about following the facts to discover the truth, with a
goal of contributing to the process of justice
2. Being detail-oriented and observant of the facts and the timelines of
events
3. Being a flexible thinker, avoiding tunnel vision, and being capable of
concurrently examining alternate theories while objectively using evidence as the
measure to confirm or disconfirm validity of theories
4. Being patient and capable of maintaining a long-term commitment to
reaching a conclusion
5. Being tenacious and not allowing setbacks and false leads to deter
continued efforts
6. Being knowledgeable and skilled at the tasks, process, and procedure
while respecting legal authorities and the limitations to take action
7. Being self-aware of bias and intuitive responses, and seeking evidence
to support gut-feelings
8. Being trained in the processes of critical thinking that provide reliable
analysis of evidence that can later be described and articulated in reports and court
testimony
More over, a good investigator needs to take responsibility and accountable for the
outcomes of the investigation.
Investigative Mindset
Speaking of investigative mindset, in part, it is the self awareness and organizational
awareness to avoid negative outcomes. Criminal investigator requires a combination of
critical thinking, skepticism, and a willingness to explore all possibilities.
The investigative thinking process:
1. Investigative thinking is disciplined thinking, and investigators must be
consciously aware of and consciously in control of their own thinking.
2. This is a process of being intentionally engaged at a high level of
analytical thinking.
3. This thinking process is strategically focused, prioritizing investigative
plans and actions to achieve outcomes.
What is a Criminal Investigator?
A criminal investigator is a type of law enforcement professional who attempts to
solve felony crimes, identify and detain suspects in hopes of preventing future criminal
activity.
A criminal investigator, to accomplish these various responsibilities, may work alone
or as part of an investigative team to uncover facts about a particular case. The
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responsibilities and requirements of a criminal investigator and the function of the specific
job are dependent on the person’s background and specialty.
Roles of a Criminal Investigator
1. Determine whether a crime has been committed
2. Identify the victim/s and the offender
3. Locate and apprehend the accused
4. Present evidence of guilt for the suspect/s
5. Assist in case follow-up
A crime scene investigator may carefully examine a crime scene to collect evidence
such as clothing samples, weapons and fingerprints. The evidence gathered is then delivered
to a laboratory for intensive studies and experimentation
Interview and Interrogation
While both involve questioning, interviews and interrogations differ significantly.
Interviews are typically collaborative, aiming to gather information or opinions. The
environment is usually friendly, and the questions are open-ended. . In contrast, interrogations
are often confrontational and coercive. They are used to obtain confessions or admissions,
often in criminal investigations. The environment can be intimidating, and designed to elicit
specific responses. The goal is to extract information, sometimes through manipulation or
pressure. While the Supreme Court had ruled as early as 1897 against involuntary
confessions, it was in 1937 that things really started to change. In the case Brown v.
Mississippi, the Supreme Court threw out a “voluntary” confession that was obtained after
police officers repeatedly strung a suspect up in a tree and whipped him. The Court’s decision
was clear.
Confessions obtained by force cannot be used as evidence at trial. By the 1950s,
confessions were considered involuntary not only if police beat the suspect, but also if they
held a suspect for an unnecessarily extended period of time, deprived him of sleep, food,
water or bathroom facilities, promised some benefit if the suspect confessed or threatened
some harm if he didn’t.
When the case Miranda v. Arizona reached the Supreme Court in 1966, coercive
police interrogation took another blow. Ernesto Miranda had confessed to rape and
kidnapping after two hours of interrogation, and the appeal to the Supreme Court alleged that
Miranda was not aware of his rights to remain silent (the Fifth Amendment) and to counsel
(the Sixth Amendment). The Court ruled in favor of Miranda, and the decision instituted what
we’ve come to know as the “Miranda Rights.” To safeguard against a suspect falling into an
involuntary confession because he thinks he has no choice but to speak, the police must
expressly, clearly and completely advise any suspect of his rights to silence and counsel
before beginning an interrogation or any other attempt to get a statement from a suspect. The
Miranda decision attempts to eliminate suspect ignorance as a contributing factor to
involuntary confessions.
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The section describes different personality traits that impact the way interviews and
interrogations are conducted.
PERSONALITY STYLES
Personality styles can be categorized by three major components. Each person has
some of each component in his personality, but in most cases one of the three components is
noticeably stronger than the other two.
These three components are often called the “Three D’s”
1. Dominant- personalities are typically assertive, confident, and
decisive. They enjoy being in control and often take charge of situations. Dominant
individuals may have a strong need for power and recognition, and they may be more
likely to be competitive and goal-oriented. While dominance can be a positive trait, it
can also lead to arrogance, impatience, and a lack of empathy for others.
2. Detached – individuals tend to be emotionally distant and reserved.
They may have difficulty forming close relationships and may prefer solitude or
superficial interactions. Detachment can be a coping mechanism for dealing with
emotional pain or trauma, but it can also lead to feelings of loneliness and isolation.
Detached individuals may appear aloof or indifferent, and they may struggle to
express their emotions or needs.
3. Dependent – individuals often rely heavily on others for guidance,
support, and validation. They may feel insecure and fear abandonment, leading them
to be submissive and avoid making decisions on their own. Dependence can manifest
in various ways, such as seeking constant reassurance, having difficulty expressing
needs or opinions, and feeling overwhelmed by responsibility.
Interview – is the process of eliciting information from witnesses and confidential
informants.
1. To question or converse with victims, witnesses. Complainants and
informants in order to obtain information.
2. A conversation with a purpose.
3. Person has no reason to withhold information & may be expected to
cooperate interviewee does most of the talking
INTERVIEW is the simple questioning of a person who cooperates with the
investigator. In account of the interview, the witnesses voluntarily give their accounts about
the commission of a crime
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1. Cognitive Interview is a form or technique in the conduct of interview
upon willing and cooperative witnesses, where they are given the full opportunity to
narrate their accounts without intervention, interruption and interference from the
interviewer.
2. Question and Answer style of interview are also practiced by some
investigators whereby after each question by the investigator, the interviewee is
required to answer on what he knows about what is being asked.
The Golden Rule in Interview – “Never conduct or let anyone conduct an interview
if the interviewer has not gone to the crime scene.”
Interview Format (IRONIC)
1. Identity- Involves establishing mutual recognition and understanding
the roles each participant plays, which helps set expectations.
2. Rapport – Building is essential as it creates a comfortable
environment, enabling the interviewee to feel at ease and more open during the
discussion. This is often achieved through informal conversation or empathy.
3. Opening Statement – Where the interviewer clearly states the purpose
of the interview, providing context and setting the tone for the questions that follow.
4. Narration – Where the interviewee begins to share their experiences
or answers in response to open-ended questions. Here, the goal is to let the
interviewee’s story unfold naturally without interruption.
5. Inquiry – Involves more targeted questioning, where the interviewer
seeks clarification, challenges assumptions, or probes deeper into specific aspects of
the interviewee’s narrative.
6. Conclusion – Wraps up the conversation, allowing both parties to
summarize key points, express any final thoughts, and agree on next steps if needed.
Each stage plays a crucial role in the overall effectiveness of the interview, ensuring
that the interaction is both informative and respectful.
Types of Witnesses According to Their Attitude
1. Know-nothing Type - These are the reluctant type of witnesses. They
are found among the uneducated and of low level of intelligence.-
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2. Disinterested Type - This is the uncooperative and indifferent subject.
To deal with them is to find out their field of interest so that they will talk.
3. The Drunken Type - The style of questioning by the investigator
should be adapted to the psychology of the subject.
4. Talkative Type – These are witnesses who are prone to exaggerate,
adding irrelevant or new matters to their narration.
5. Honest Witnesses - These are the truthful and cooperative witnesses
where the investigator could rely upon, with little or no problem in handling them.
6. Deceitful Witness witnesses - These are the liar type of witnesses
7. Timid Witnesses – They are the shy witnesses friendly and reassuring
7. Timid Witnesses – approach must be of their information. The confidentiality of
their information.
8. Witnesses who refuse to answer - These are the most difficult
subjects to deal with. Find out the reasons of their personality
INTERROGATION
1. The formal questioning of suspects or persons in order to obtain
incriminating information and/or a confession
2. Person is expected to be reluctant & uncooperative to divulge
information concerning offense.
3. Interviewer does most of the talking.
INTERROGATION is the vigorous and confrontational questioning of a reluctant
suspect about his participation in a crime. This process is also applied to an uncooperative
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or recalcitrant witness. The purpose of Interrogation is to obtain confession or admission
from the suspect and to learn relevant information from uncooperative witnesses.
1. Custodial Interrogation or Investigation is the term to denote the
investigation conducted by the investigator on the suspect who is under police
custody. This is the stage of the investigation where there is strict observance of the
MIRANDA DOCTRINE.
2. Debriefing is the interrogation of a friendly interrogee who has
information at the direction of or under the control of friendly unintelligence service.
3. Interrogation Report is an oral or written statement of information by
the questioning of an interrogee.
4. Interrogator is a person who does the questioning.
5. Interrogee refers to any person who is subjected to the interrogation
process in any of its forms and phases.
6. Screening is the initial examination of an interrogee to determine the
extent of his knowledge of persons. Places, things or events in which we are
interested.
7. Source refers to any person who for any reason submits information of
intelligence interest usually on a voluntary basis.
8. Suspect refers to any person believed to be associated with prohibited
activity.
9. Witness refers to any person who has directs knowledge of facts
concerning an event or activity
Forms of Interrogation
1. Direct the subject is aware but he may not learn the true objectives of
the interrogation. This is used extensively at the tactical level.
2. Indirect the subject is aware. This applied when time is not so
important
Types of Interrogation
1. Screening. This is usually applied immediately after capture,
apprehension or arrest of subject. Its objective is to obtain background information
about the interrogee (subject) and to determine his area of knowledge and ability.
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2. Formal interrogation (detailed). This is the systematic attempt to
exploit to an appropriate depth those areas of the interrogee knowledge, which have
been identified in the screening process.
3. Debriefing. It is a form of eliciting information, which is generally
used when the area of knowledge ability of the interrogation is known.
4. Interview. Similar to debriefing although it is less formal and the
interrogee is not necessarily under the control or employment of the respective
intelligence service.
5. Interrogation of lay personnel (special type). In this type, the
techniques are similar to interrogation. However, special effort must be made to
establish a common frame of reference between the interrogator.
Tricks And Bluff Techniques:
a. The Pretense of Solid Evidence Against The Accused - The Investigator
bluffs the suspect that even if he will not confess, there is enough evidence to send
him to jail.
b. The Weakest Link – Among the suspects, there must be a careful
selection of who among them is interrogation will
c. Drama – The weakest link maybe used to fake pain and agony by
ordering him to shout, accompanied by banging a chair on the wall to make it appear
that a commotion is going on.
d. Feigning Contact with Family Members The suspect could be tricked
that the investigator had gone to the residence and the family members had supplied
facts against the suspect.
e. The Line Up – The complainant, witness or victim is requested to point
positively the suspect who is among persons in the police line-up.
f. Reverse Line Up The suspect is placed among other persons in a line
up and he is identified by several complainants and witnesses who will associate the
suspect in other several crimes.
5.Stern Approach The investigator displays a stem (demands immediate response)
personality towards the suspect by using the following methods
g. Jolting Is the questioning technique where the investigator selects the
right moment to shout to the subject with a pertinent question in an apparent righteous
outrage.
h. Opportunity to Lie The suspect - is given all the opportunities to lie.
6.The Mutt and Jeff or Sweet and Sour Method The first set of investigators must
appear to be rough, mean and dangerous. When they had finished the interrogation, the
second investigator intervenes by stopping the first set of investigators.
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7.Removing the Ethnic or Cultural Barrier If the suspect is an Ifugao, an Ifugao
investigator and the same should interrogate him, the same with other ethnic or cultural
groups.
8.Searching for the Soft Spot – In every man’s heart, there is always that softest
spot. That spots maybe the youngest child, the wife, the mother, and the brother who acted as
his father, the grandparents or the best friend.
Additional Modern Techniques of Interrogation
Actually, these modern techniques are called from the techniques afore-cited.
What is new about them are their names and designations.
1. Rationalization – Involves providing the suspect with logical or
sympathetic explanations for their actions, often framing the crime or act as
understandable under certain circumstances. This can reduce the psychological burden
on the suspect and make them more willing to confess.
2. Projection – Shifts blame away from the suspect by attributing their
actions to external forces, such as bad influences or circumstances beyond their
control, allowing the suspect to distance themselves from personal responsibility. This
technique lowers resistance by making the suspect feel less personally culpable.
3. Minimization – Downplays the severity of the offense or its
consequences, leading the suspect to believe that confessing will not result in harsh
repercussions. It reassures the suspect that their actions are not as serious as they may
initially fear, creating an environment where they feel more comfortable revealing
information.
Physical Signs of Deceptions
The physical signs of telling a lie are not absolutely bases in saying that a person
is not telling the truth when observed from him/her. Nevertheless, the following shall
serve as additional situations the investigator must have to observe:
1. Excessive Sweating Profuse sweating indicates tension, anxiety, shock
or fear. Extreme nervousness is also the cause of sweating.
2. Face Color Change – Anger is indicated if the face is blushed.
3. Dry Mouth This is a sign of great tension and is a reliable symptom of
deception.
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4. 4. Excessive Breathing An effort to control during the critical
questioning is an indication of deception Gasping of breath is the ultimate result of the
control in breathing.
5. Increase of Pulse Beat When observed at the sides of the neck, the
investigator will discover the pulse beat which is indicative of deception. Increase in
pules beat which is indicative od deception.
6. Avoidance of Direct Eye Contact – This may indicate guilt or
deception. Misty or teary eyes indicate remorse or repentance.
Custodial investigation refers to the questioning initiated by law enforcement
officers after a person has been taken into custody or otherwise deprived of their freedom
of action in any significant way. It often begins when a suspect is taken into custody or
otherwise significantly deprived of their liberty. Individuals undergoing custodial
investigations must be informed of their Miranda rights, which include the right to remain
silent and the right to an attorney
FACTS means
1. Something that has actual existence space exploration is now a fact
2. An actual occurrence prove the fact of damage.
3. A piece of information presented as having objective reality
Purposes of INTERVIEW & INTERROGATION
1. Establish innocence or guilt by questioning
2. Gather FACTS objectively without bias
3. Discover leads toward new evidence, motives, witnesses or suspects
4. Discover leads for other cases
5. Establish links which connect and/or verify facts supplied by different
people or facts learned in previous questioning of the same person
6. Confession or Admission
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Note: Not every admission is a confession but every confession is an admission
Types & Levels of Interviews
1. Field-little preparation, brief information
2. Planned fail to prepare, prepare to fail
3. Content-who, what, where, when, why, how
4. Process interaction between interviewer and interviewee, separation,
information written record, etc.
The Interview Room
Interviews and interrogations are often best carried out in a room specifically set
up for such purposes. The following details should be accounted for when preparing the
interview room
1. A good degree of privacy. It has been observed that most suspects clam
up in the presence of many investigators. On the contrary, they had been found to
open up more in private.
2. Absence of sounds or noise outside the room that could disrupt the
interview
3. Smaller space, which could cause interviewees to feel more relaxed
towards the interrogator.
4. Properly lighted which helps the investigator in properly observing the
overt physical responses throughout the course of questioning
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5. Two-way mirrors and hidden microphones which permit another
investigator to monitor responses that interrogator might overlook
The Setting of an Interrogation Room
1. A room without distractions
2. One table & three chairs
3. Large enough for three
4. Nothing between you and the subject
5. Make him comfortable
6. No stimulants
7. Partner to take notes
8. Your own personal Hygiene & Appearance
The Setting at Suspect’s Home
1. No interruptions
2. No other family members
3. Take control and be in charge
4. Have partner take notes
5. Phones turned OFF
6. Miranda Warning
7. Custodial
8. Interrogation
9. Police
Methods of Interrogation
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In conducting interrogation, it is important that the subject be properly classified.
The classification dictates the course of action that the investigator will undertake his
approach towards the offender.
Classification of offenders
1. Emotional offender
2. Non-emotional offender.
Emotional Offender
Emotional offenders commit a crime out of passion, therefore most are first-time
offenders They are driven by strong emotions in committing the crime such as jealousy,
lust, or anger. The investigator will find it easier to drive him to confession by dealing
through his emotions. There are a variety of ways with which this can be done. The
investigator primarily wins the confidence of the offender by demonstrating sympathy or
compassion, and being pleasant where hostility was expected (example: giving a cup of
coffee)
Non-Emotional Offender
Conversely, non-emotional offenders are harder to deal with since most of them
have become callous doing criminal acts. They had chosen a life of crime as a profession,
served or evaded imprisonment many time. They have often had encounters with law
enforcers that they had become shrewd enough to learn keep their silence, which
investigators find highly uncooperative. The investigator’s approach towards such
offenders is either the ‘question and answer method or the narrative method. In the
question and answer method, the investigator develops his evidence based on the
information taken out as the suspect answers the questions thrown at him. Another
approach would be to allow the suspect to relate his own version of the story while the
investigator hears it without interrupting However, to prove consistency, the investigator
makes the suspect retell the story several times. If the suspect is lying, there will be facts
that will be contradictory, since the offender will have to cover up one lie with another. It
is important that the investigator would re- interrogate the suspect to authenticate the
facts. An offender would usually give an alibi to show his innocence of the crime,
pretending to be absent when the crime was committed. In this case, the interrogator
continuous to confirm the truthfulness of the facts through repeated interrogation.
Bluffing are sometimes used by interrogators but should b carried out with
caution. This has been proven effective some a small number of cases, wherein the
investigator bluffs the suspect of possessing physical evidence or witnesses that proves
the person’s guilt, leaving the suspect with little option but to spill out a confession. Again
this method should be used with caution since this would be very absurd when the suspect
is truly guiltless.
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Conducting the Interview
Eight (8) guidelines in conducting interviews
1. Do not overload the interviewee
• Do not ask several questions at once.
• Do not use complex sentences.
• Do not force choices, as in either/ or
2. Do not lose control of the interview
• Do not ramble
• Do not let the interviewee go off on tangents unless you can see they
will be helpful
• Do not permit “over-answering.”
3. Do not lose your focus
• Do not rephrase answers in your own words.
• Do not lead the interviewee with your own words-use his.
• Do not get into a “mutual admiration society” situation
4. Be alert, fully aware and carefully attentive
• Know what’s happening
• Know what is likely to happen
• Know what has already happened.
5. Break the ice-set an open receptive atmosphere
• Greet cordially
• Be courteous and respectful.
• Start loose and tighten up as you go.
6. Follow your interview plan
• Work in small steps
• Allow diversions as necessary, but always work back to the plan.
7. Be flexible
• Speed up or slow down as appropriate to the interviewee’s need.
• Be sensitive but work back to focus.
• Do not be so rigid as to force onward when additional information is
available
8. Know when to stop
• Get what you need and get out.
• Be polite but don’t allow time to be wasted. Leave a method of further
contact.
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In conducting an investigation through a witness, investigators usually extract
information through a lighter rather than interrogation different more apt to use. Investigators
however will encounter kinds of witnesses.
Kinds of witnesses
1. Indifferent – Typically neutral, with no personal stake in the outcome
of the case. Their testimony is often considered objective, as they have no reason to
favor either side.
2. Interested – Has a vested interest in the outcome, either emotionally,
financially, or personally connected to one of the parties involved. Their testimony
may be biased, as their interest in the case could influence their account of events.
3. Hostile – Is the one who despite being called by a particular side,
demonstrates unwillingness to cooperate or provides testimony adverse to the party
that summoned them. Such witnesses can be cross-examined by the party that called
them, as they may attempt to obstruct the truth or align with the opposing side.
4. Child Witness – Refers to a minor providing testimony. Their
reliability can be influenced by their age, maturity, and susceptibility to suggestion.
Courts often take extra measures, like allowing supportive environments or special
procedures, to ensure that a child witness’s testimony is given fairly and without
undue pressure.
Interview and Interrogation in the Investigation of Crime Preparations
Before conducting an interview or interrogation, it is imperative that proper
preparations be done which involves identifying goals, laying out a plan that gives the
investigator an edge or advantage over the suspect. Getting information that has already
been gathered prior to the examination is also vital to gain a better perspective of the
whole situation. The confession of the interrogation should be set clearly. A necessary
aspect of preparation is being armed with essential information concerning the examinee
The interviewee can detect either your lack of knowledge over the case or be beaten down
by your full awareness over the facts, which could severely affect his responses.
Other Possible Sources of Information
In relation to preparation surrounding suspected criminals, background
information can be obtained in other sources other than the suspect. These are:
1. Parents – the personality, disposition of the suspect’s parents could be a
helpful hint as to the suspect ‘s character and possible motives in committing the
crime
2. Other Members of the Family or Blood Relations – could also be a
source of information regarding a suspect ‘s emotions, and whereabouts
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3. Police records in determining the character of the suspect, whether he
is a first-time offender of a hardened criminal
4. Educational attainment supply a good indication of the suspect’s
possible manner of reactions. It is hypothesized that the higher the academic
achievement, the greater the possibility of being more adept at controlling or hiding
indications of deception
5. Employment Record aside from the suspect ‘s education, his
employment background is also a good source of information that helps create the
suspect ‘s over-all profile
6. Involvement in Church Activities – allows the investigator to gain
insight into the suspect ‘s train of thoughts of the values that he holds
It is vital to obtain insight to a suspect ‘s value system, since this could lead to
determine the motives of committing a crime as influenced by his set of values.
Some Aspects in Communication
As much as investigators are to be watchful of the suspect or witness being
questioned, he too must be watchful of his own. The investigator’s own communication
skills, both verbal and non-verbal play an important part on being able to conduct a
successful investigation. Whether it concerns the investigator or the one being questioned,
different variables of communication are worth noting
Classification on Non-verbal communication Kinesics
1. Facial expressions
2. Paralanguage
3. Touch or Haptics
Kinesics or body motions include movements of the eyes, expressions on the face,
movements of certain parts of the body (such as hands and feet, and body posture. The
dilation of the pupil of the eyes is generally affected by the person ‘s emotions. Dilated
pupils are said to exhibit excitation. On the other hand, anger and pessimistic moods has
been observed to affect constriction of the pupils. The degree to which eye the subject
establishes contact could be affected by difference in personality, or culture
Facial expressions too can be used to either validate or negate facts or information
surrounding the case.
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1. Withholders -the ‘poker face who hide their emotions by being
expressionless
2. Revealers-those who is said to wear their feelings on their sleeves they
show their emotions clearly on their face. Most investigators find this kind difficult to
deal with
3. Substitute Expressors describes those who demonstrate facial
expressions that contradict their true feelings
4. Ever-Ready Expressors these are individuals who readily react to
stimulus and show it through facial expressions. These are the easiest to deal with
A person ‘s gestures which is a combination d movement of the body ‘s arm and
hands shoulders and s on, when taken together can give meaningful insight to the person
‘s true thoughts and emotions. The investigator’s body movement must also be user to
facilitate and not hinder the investigation
Paralanguage
On the other hand, paralanguage refers to the manner in which words are spoken.
It focuses more on the person’s manner of conveying a message in verifying the
truthfulness or falsehood of what is being said. The prefix “para” means alongside,
therefore paralanguage is the communicated language that goes along the spoken
language. Tone of voice and other speech patterns have been found to be often helpful
A delayed response or long hesitation is often taken to be an indication of lying, as
well as short hesitation when the person has already conditioned himself to make a lie.
Higher incidence of speech pauses coupled with a high-pitched voice could also be a sign
of committing deception. The pitch of our voice is also affected by emotions. Excitement
and anxiety can cause the pitch to be altered at a higher range while tiredness or
exhaustion can bring it down to a lower level The intensity or volume is also taken into
account. Paralanguage is also taken in context with other body language or facial
expressions to reach the right conclusion
Touch or Haptics
The nonverbal communication of touch conveys a powerful message. It can either
express feelings of concern or affection such as a pat or embrace. A slap expresses just the
opposite. Touch that demonstrates concern satisfies a need for affirmation called
anchoring. When utilized during an interview or even interrogation, it can elicit trust and
confidence from the subject towards the interrogator.
All in all the investigator does not only take into account the verbal information he
has extracted but must also consider other information sources of information transmitted
primarily through unconscious nonverbal communications which are harder to control or
hide
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Different Forms of Questions
The kinds of question being given are usually determined by different factors. The
investigator decides the kind of question to ask based on the type of information he wants
to have, the phase of the investigation, and depending whether the situation requires
increasing or decreasing the level of anxiety on the interviewee.
Form of Questions
1. Open-ended (encouraging the one being questioned to talk more)
2. Close-type of question (which only allows specific answer such as yes
or no.)
3. Non-directive way that does not give the interviewee any insight as to
what the investigator would approve of
4. Leading questions is used more effectively at the last part of the
interrogation to break down a suspect ‘s defenses
5. Assumptive questions are used to convey a message that what the
suspect is giving is already familiar or known by the interrogator
Interrogation probe deeper than interviews and most interrogations are, by nature,
in adversarial situations. Therefore, more planning is required and more of the
unobtrusive or surreptitious techniques will be used. Specific lines of questioning must
generally be developed to a greater depth than in an interview.
Interrogation Techniques
The most common technique is known as the Reid The Reid Technique involves
three components technique
1. Factual analysis – Where investigators thoroughly assess available
evidence and suspect profiles to narrow down likely perpetrators.
2. Interviewing – Which is non-accusatory and designed to gather
information, observe behavior, and establish a baseline for the suspect’s responses. .
3. Interrogation – More intense, accusatory phase, where the investigator
directly challenges the suspect and uses psychological tactics, including themes of
minimization or rationalization, to persuade the suspect to confess.
There are nine steps to the Reid interrogation technique briefly described below.
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1. The positive confrontation. The investigator tells the suspect that the
evidence demonstrates the person’s guilt. If the person’s guilt seems clear to the
investigator the statement should be unequivocal.
2. Theme development. The investigator then presents a moral
justification (theme) for the offense, such as placing the moral blame on someone else
or outside circumstances.
3. Handling denials. When the suspect asks for permission to speak at this
stage (likely to deny the accusations), the investigator should discourage allowing the
suspect to do so. The Reid website asserts that innocent suspects are less likely to ask
for permission and more likely to “promptly and unequivocally” deny the accusation.
The website states that “it is very rare for an innocent suspect to move past this denial
state.”
4. Overcoming objections. When attempts at denial do not succeed, a
guilty suspect often makes objections to support a claim of innocence (e.g., I would
never do that because I love my job.) The investigator should generally accept these
objections as if they were truthful, rather than arguing with the suspect, and use the
objections to further develop the theme.
5. Procurement and retention of suspect’s attention. The investigator must
procure the suspect’s attention so that the suspect focuses on the investigator’s theme
rather than on punishment. One way the investigator can do this is to close the
physical distance between himself or herself and the suspect. The investigator should
also “channel the theme down to the probable alternative components.”
6. Handling the suspect’s passive mood. The investigator “should
intensify the theme presentation and concentrate on the central reasons he [or she] is
offering as psychological justification… [and] continue to display an understanding
and sympathetic demeanor in urging the suspect to tell the truth.”
7. Presenting an alternative question. The investigator should present two
choices, assuming the suspect’s guilt and developed as a “logical extension from the
theme,” with one alternative offering a better justification for the crime (e.g., “Did
you plan this thing out or did it just happen on the spur of the moment?”). The
investigator may follow the question with a supporting statement “which encourages
the suspect to choose the more understandable side of the alternative.”
8. Having the suspect orally relate various details of the offense. After the
suspect accepts one side of the alternative (thus admitting guilt), the investigator
should immediately respond with a statement of reinforcement acknowledging that
admission. The investigator then seeks to obtain a brief oral review of the basic
events, before asking more detailed questions.
9. Converting an oral confession to a written confession. The investigator
must convert the oral confession into a written or recorded confession. The website
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provides some guidelines, such as repeating Miranda warnings, avoiding leading
questions, and using the suspects own language.
Conducting the Interrogation
Five (5) Steps Method
1. Set the Stage
✓ State the Problem; Goal; Terms.
• Know the case
• Know what information you need.
• Prepare the room
• Prepare yourself
2. Interaction (Observation)
✓ Warm up and Introductions You stand for a moment as the suspect sits. You
have a full file folder (even if full of blank pages) in your hand as a strong non-verbal
message.
• A direct verbal start: “Mr. Jones, I am Police Senior Superintendent
Florendo, and I’m here to talk to you about the December 30 bombing.”
✓ Objective observation (conducted throughout the interrogation).
• Non-Verbal Observation
All factors described above, especially mannerisms such as quality of handshake,
eye contact, openness of body language, etc. Verbal Observations
• Tone of voice, volume level of speech, length of answers, etc.
✓ Working through. This is the “give and take” of interaction as you work
through the questions and issues using skills and techniques to draw out specific
information.
3. Gather Data
✓ This is the original data including statements, reports and evidence, new
information from the interrogation and your interpretations of verbal and non-verbal
behavior.
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4. Evaluate
✓ This occurs during as well as after interrogation. It is an ongoing assessment of
the data as to quality and quantity and what is needed to further refine it, consolidate
what's there, and focus for the final conclusion or confession
5. Conclusion
✓ The confession or final conclusive report.
It must be remembered, however, that police investigators cannot learn proper
interrogation merely by reading books. The success of interrogation depends on its
legality, topic, physical insight and experience.