INTERVIEW AND INTERROGATION

CHAPTER 5

INTERVIEW AND INTERROGATION

I. INTRODUCTION

This chapter is intended to discuss the characteristics and productive interview and
explain the rules in the conduct of interview. It also presents the rules of interview, the
different interrogation techniques and distinction of confession from admission.

Learning Outcomes:
At the end of the chapter, the students should be able to:
1. Discuss the characteristics of a productive interview:
2. explain the rules in the conduct of interview:
3. discuss the relevance of interrogation and
4. differentiate interrogation from interview.
III. LEARNING RESOURCES

This part contains the instructional materials that are used to convey the elaboration
of the content of the subject matter for Week 8: “Interview and interrogation”.

INVESTIGATIVE INTERVIEW

In order to attain a productive investigation, investigators must be knowledgeable and

skilled in gathering information. Take note that information is any data gathered in the
course of investigation which will serve as a foundation in solving the case. One way of
gathering information is done through a successful interview of witnesses, complainants
or victims, and interrogation of suspects or any person accused of a crime. Normally,
however, investigator starts conducting field inquiry towards any individual upon his
arrival at the crime scene. Field inquiry simply means as the general questioning of all
people present in the crime scene. This is done in order to give investigator an idea as to
the extent of the crime committed.

Take note that interview differs from interrogation such that interview is a form of
questioning among person who have knowledge regarding the commission of a crime
while interrogation is a questioning style which involves the use of strong appeal or aura
in order to gather information among persons who may have direct involvement of the
crime. Also, interview is commonly done among witnesses, complainants and victims of
the crime while interrogation is usually done among person suspected to have committed
a crime or those hostile witnesses. Take note that this are those witnesses who are
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uncooperative and do not wish to provide information necessary for the prosecution of
the case.

Additionally, investigators must do the interview the soonest time possible as this will
allow them to gather better information concerning the crime. The lesser the time between
the commission of the crime and the conduct of interview, the more accurate it will be and
fruitful for successful investigation.

INTERVIEW FORMAT ( IRONIC )

1. Identity – prior to the interview officer must identify himself.

2. Rapport – get the positive feeling towards the investigator.
3. Opening Statement – indicate why the subject is being contracted.
4. Narration – do not interrupt the narration of the subject.
5. Inquiry – asking and clarifying.
6. Conclusion – closure and giving gratitude.

Basic Rules in Successful Interviewing Develop a plan of action.

1. Conduct the interview privately.
2. Put the interview at ease.
3. Let the person being interviewed do the talking.
4. Be a good listener.
5. Don’t challenge answers given.
6. Stay in control.
7. Take brief notes.
8. Conclude the interview.
9. Write a summary immediately following the interview.
10. Lear from experience.

THE QUESTIONING TECHNIQUES

Knowing how to ask questions is just as important as knowing what questions to
ask. Also making questions easy to understand is critical. This allows the person being
interviewed to concentrate on answering the questions, not on trying to decipher what
they mean.
Use closed-ended questions (yes or no answers) sparingly because they only
require a short answer and usually only confirmed factual data. Open-ended questions
force the interviewee to talk and elaborate on the matter at hand. This allows the
interviewer to better assess the reliability of the information obtain.

LEADING QUESTIONS- which contain the answer

LOADED QUESTIONS- which ask the person interviewed to choose the lesser of
two evils, should always be avoided.
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CHARACTERISTICS OF PRODUCTIVE INTERVIEWER

The capacity to gather information relies heavily on the skills and competency of the
investigators. Take note that the skills of the investigators refer to his technique employed,
manner of approach timely decision in doing the interview while competency refers to
the knowledge earned through experience and training. Moreover, investigators must also
possess the following characteristics in order become a successful interviewer such that:

1. Self-reliance- this means that investigators must be confident in doing the interview
while at the same time conscious in listening to the interviewee. Interviewee is the person
placed under interview;

2. Adaptability -this means that investigators must be flexible in different situations and
be able to do the interview at the interviewee's convenience;

3. Perseverance - this means that investigators must endure all obstacles that may come
before the process of interviewing the interviewee;

4. Optimistic- this means that investigators must be positive in dealing all possible
interviewee's that may be called before him; and

5. Patience- this means that investigators must exert all possible effort to maintain a good
attitude in handling the interview as well as the ability to work under pressure.

RULES IN INTERVIEW

Gathering information relevant to the case does not only include the skills and
competency of the investigator but as well as the proper and timely preparation in doing
interviews. Keep in mind that interviewers should be versatile or flexible in handling
different types of personality as this will allow him to gather relevant facts in line with the
commission of the crime. Some of these important things that investigators must
remember are as follows:

1. Case review- investigators must review the relevant facts about the case before
proceeding with the interview of the interviewee. This will allow him to capture all the
necessary detail while doing the interview as well as prevent the loss of vital information
to which the interviewee possess;

2. Build rapport- this means that the investigator needs to communicate properly and
bring the interviewee to attention in establishing a good communication in order to
proceed with cognitive interview. Take note that rapport refers to the good relationship
established between interviewer and interviewee as a result of their mutual understanding
in solving the case. As an effect, investigators can do the cognitive interview wherein
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interviewee can provide all the relevant facts of the case under investigation through
narration of his accounts and upon the aid of effective interviewing techniques

3. Simple question- this means that investigators should not allow the interviewee to be
confused. Confusing questions make it difficult for the interviewee to understand and
provide accurate answers;

4. Avoid implied answer- this means that investigators must not allow a question
answerable by either "yes or no". If that is the case, this will limit the perspective of the
interview and investigators may omit some important facts of the case;

5. Avoid Leading question-as much as possible, avoid leading questions as this will
redirect interviewee's mind and will focus only to matters which investigators ask.
However, this may be useful in interviewing child witness;

6. Do not ramble - this simply means that investigators should ask one question at a
time; and

7. Good closure - this means that investigators should be courteous and kind to the
interviewee as a further set of interview is possible. Do not allow interviewee to put grudge
against you.

Moreover, in dealing with multiple suspects, investigators should remember to separate

them immediately as this will create the suspects to create a strong alibi. Alibi is defined
as a form of explanatory statement made by the suspect in order to exclude him from
being investigated or to give justification for his presence or absence in a certain situation
which has a logical connection to the case.

INTERROGATION

Successful investigation of the case cannot be done without the suspect being
interrogated. Since interrogation of suspect is the usual and classic scenario done to
obtain strong information, however investigators should be skilled enough as it is
expected that the suspect will not speak anything which will implicate them to the crime
they have committed.

METHODS OF INTERROGATION

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 OFFENDER

1. Emotional Offender
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2. Non- Emotional Offender

EMOTIONAL OFFENDER
In carrying out interrogation under this classification is much easier compared to non-
emotional. Often emotional offenders commit crime out of passion, therefore most first-
time offenders. They are driven by strong emotions in committing crime such as jealousy,
lust and anger. The investigator will find it easier to drive him to confession by dealing
through his emotions.

NON-EMOTIONAL OFFENDER
Conversely, non-emotional offenders are harder o deal with since most of them have
become callous in doing criminal acts They had chosen a life of crime as profession
served or evaded crime many times.
The investigators approach towards such offenders is either the question and answer
method or the narrative method, the investigator develops his evidence based on the
information taken out from the suspect answers and the questions were thrown at him.

Another approach is to allow the suspect to relate to his own story while the investigator
hears it without interrupting. However, to prove consistency, the investigator makes the
story retell several times. If the suspect is lying, there would be facts that will be
contradictory.

Factual Method, the most effective in dealing with toughened criminals. During the
interrogation, hard physical evidence is presented before the offender which he would
find very difficult to refute.

It is sometimes useful to utilize contrasting approach by two interrogators. One could

come with harsh words, being unsympathetic to the suspect. The other with a softer and
kinder approach.

Another method utilized by the interrogators to extract information is the overheard

conversation especially among crimes committed by more the one person. Interrogation
is done separately, with one viewing the other but unable to hear the conversation. As
other suspects turn the interrogator would tell him that his accomplice has already
admitted the crime.

WITNESS

The term “witness” is used both in technical and legal perspective. Technically, witness
is defined as any person who have seen or knowledge regarding the commission of the
crime. This could be further classified as:
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1. Prosecution witness – refers to any person brought before trial to offer testimony
in favor for the prosecution and is used to add incriminatory evidence to the
accused.
2. Defense witness – refers to any person who is brought before trial to strengthen
the alibi of the defense and to disprove the charge of the prosecution.
3. Character witness – refers to any person who offers a testimony in line with the
character reputation of some other person which will then serve at some point as
to whether or not the testimony of that person will be given credit or not.
4. Eyewitness – refers to any person who has seen the actual commission of the
crime either whole or only part of its commission.
5. Child witness – refers to young individual who offers a testimony concerning a
crime.
6. Dumb witness – these are those witnesses who by reason of some mental faculty
are unable to provide an accurate detail regarding the crime which is typically
common among uneducated individual.
7. Honest witness – these are those witnesses who cooperate and avoid
exaggeration or falsehood in providing testimonies concerning the crime.
8. Fearful witness – these are those persons who are afraid of being involved in the
prosecution of the accused or simply shy to face the open court.
9. Egocentric witness – refers to a witness who is prone to exaggeration of the
things he had observed and may attempt to add facts which are not part of the real
scenario.
10. Hostile witness – these are those witnesses who are uncooperative and do not
wish to provide information necessary for the prosecution of the case.
11. Suspicious witness – are individual witnesses who are doubtful about the true
intention of the investigators or the police as a whole.
In legal perspective, the law and the Revised Rules of Court define and qualify a
witness as “any person who can perceive, capable of perceiving, and can make known
his perception to others” can be a witness.

Under the Revised Rules of Court, the law further classify witness as either:

1. Ordinary witness – these are those witness who may be allowed to testify
regarding the following:
a. About the identity of the person whom he had knowledge;
b. Handwriting of the person of which he had familiarity; and
c. Mental sanity of the person whom he had acquainted.

2. Expert witness – are those witness who by reason of their knowledge, skills,
training or experience may be allowed by the court to give their opinion.
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PRELIMINARY PREPARATION

Investigators should identify himself before the conduct of interrogation and must
allow the subject to know the purpose of the same. The term subject refers to the person
who is placed for interrogation.

As discussed in the previous chapter, the subject here must be appraised of his
constitutional rights as any confession made without such appraisal will be inadmissible
as evidence in court.

INTERROGATION TECHNIQUES

Interrogation technique refers to the method employed by the interrogator in

questioning and eliciting relevant facts necessary for the conviction of the suspect.

In addition, investigators must employ appropriate and suitable interrogation styles

depending on the type of suspect. Some of these techniques are:

1. Strong approach -interrogator projects a hostile personality toward the subject to

create anxiety and fear in order to confess.

2. Friendly approach - interrogator manifests a sign of friendliness and offer help toward
the subject.

CONFESSION AND ADMISSION

The main objective of interrogation is to obtain confession from the subject.

Confession is defined as the direct acknowledgement of the suspect with respect to his
participation concerning the commission of a crime. As opposed to admission, which is
defined as the acknowledgement only of some elements of the crime and is not
tantamount to confession.

In order for a confession to become valid, the following requirements must confer such
that:

1. The person making the confession must be appraised of his constitutional rights as
provided by the Miranda doctrine such that he has the right to remain silent and anything
he will say can be used against him, and be provided with an independent and competent
counsel;

2. If the person making confession waive his right, it must be done upon a valid waiver
with the assistance of a counsel. Waiver refers to a document signed by the person
making the confession renouncing all his rights as provided by the constitution; and
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3. There was no third-degree use. Third degree simply means as the use of physical
force, intimidation, threat, or any other similar means done to obtain confession.

However, Miranda warning need not be applied in cases where the confession was done
voluntarily or made spontaneously such that:

1) The person was running to the police station and suddenly spoke out that he killed
a person;
2) The person who subjected to for fingerprinting or be taken handwriting sample or
doing a lineup for sobriety test;
3) Field questioning or in the crime scene
4) Roadside questioning or any traffic stops; or
5) Any other minor violations.