Interviewing Witnesses

1
Chapter 13

• Interviewing Witnesses

2
Interviewing Questions

• Introductory
• Informational
• Assessment
• Closing
• Admission-seeking

3
Introductory Questions

• Provides an introduction
• Establishes rapport
• Establishes the theme of the interviews
• Observes the persons reactions

4
General Rules for Introductory Questions

• Dont interview more than one person at a time
• Conduct interviews under conditions of privacy
• Ask nonsensitive questions

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w Interview Ask a few questions Embezzle Shortage
or paperwork problems
5
General Rules for Introductory Questions

• Get a commitment for assistance
• Make a transitional statement
• Seek continuous agreement
• Do not promise confidentiality
• Negotiations
• Discussing the source of allegations

6
Informational Questions

• Open questions
• Closed questions
• Leading questions
• Question sequences

7
Informational Question Techniques

• Begin by asking questions that are not likely to
  cause the respondent to become defensive or
  hostile.
• Ask the questions in a manner that will develop
  the facts in the order of their occurrence, or in
  some other systematic order.
• Ask only one question at a time, and frame the
  question so that only one answer is required.
• Ask straightforward and frank questions
  generally avoid shrewd approaches.
• Keep interruptions to a minimum, and do not stop
  the subjects narrative without good reason.

8
Informational Question Techniques

• Give the respondent ample time to answer do not
  rush.
• Try to help the respondent remember, but do not
  suggest answers and be careful not to imply any
  particular answer by facial expressions,
  gestures, methods of asking questions, or types
  of questions asked.
• Repeat or rephrase questions, if necessary, to
  get the desired facts.
• Be sure you understand the answers, and if they
  are not perfectly clear, have the subject
  interpret them at that time instead of saving
  this for later.
• Give the subject an opportunity to qualify her
  answers.

9
Informational Question Techniques

• Separate facts from inferences.
• Have the subject give comparisons by percentages,
  fractions, estimates of time and distance, and
  other such methods to ensure accuracy.
• After the respondent has given a narrative
  account, ask follow-up questions about every key
  issue that has been discussed.
• Upon conclusion of the direct questioning, ask
  the respondent to summarize the information
  given then summarize the facts, and have the
  respondent verify that these conclusions are
  correct.

10
Methodology Informational Phase

• Begin with background questions
• Observe verbal and nonverbal behavior
• Ask nonleading (open) questions
• Approach sensitive questions carefully

11
Dealing With Difficult People

• Do not react
• Disarm the person
• Change tactics

12
Volatile Interviews

• An interview that has the potential to bring
  about strong emotional reactions in the
  respondent
• There should be two interviewers
• Should be conducted on a surprise basis
• The order of questions should be out of sequence
• Use hypothetical questions

13
Closing Questions

• Reconfirming facts
• Gathering additional facts
• Concluding the interview

14
Assessment Questions

• Establishes the credibility of the respondent
• Norming or calibrating
• Process of observing behavior before critical
  questions are asked
• Physiology of deception
• People lie for one of two reasons to receive
  rewards or avoid punishment
• The human body will attempt to relieve stress
  through verbal and nonverbal clues

15
Verbal Clues to Deception

• Changes in speech patterns
• Repetition of the question
• Comments regarding the interview
• Selective memory
• Making excuses
• Oaths
• Character testimony
• Answering with a question

16
Verbal Clues to Deception

• Overuse of respect
• Increasingly weaker denials
• Failure to deny
• Avoidance of emotive words
• Refusal to implicate other suspects
• Tolerant attitudes
• Reluctance to terminate interview
• Feigned unconcern

17
Nonverbal Clues

• Full-body motions
• Anatomical physical responses
• Illustrators
• Hands over the mouth

• Manipulators
• Fleeing positions
• Crossing the arms
• Reaction to evidence
• Fake smiles

18
Methodology

• Interviewer Most of them arent criminals at
  all. A lot of times, theyre just trying to save
  their jobs or just trying to get by because the
  company is so cheap that they wont pay people
  what they are worth. Do you know what I mean?
• Interviewer Why do you think someone around
  here might be justified in making a secret
  arrangement with one of the companys vendors?
• Interviewer How do you think we should deal
  with someone who got in a bind and did something
  wrong in the eyes of the company?
• Interviewer Do you think someone in your
  department might have done something wrong
  because they thought they were justified?

19
Methodology

• Interviewer Have you ever felt yourselfeven
  though you didnt go through with itjustified in
  taking advantage of your position?
• Interviewer Who in your department do you feel
  would think they were justified in doing
  something against the company?
• Interviewer Do you believe that most people
  will tell their manager if they believed a
  colleague was doing something wrong, like
  committing fraud against the company?
• Interviewer Is there any reason why someone who
  works with you would say they thought you might
  feel justified in doing something wrong?
• Interviewer What would concern you most if you
  did something wrong and it was found out?

20
Admission-Seeking Questions

• Distinguish the innocent from the culpable
• Obtain a valid confession
• Obtain from the confessor a written statement
  acknowledging the facts

21
Admission-Seeking Questions

• Presence of outsiders
• Miranda warnings
• Theme development
• People will confess if they perceive that the
  benefits outweigh the penalties
• Offer a morally acceptable reason for the
  confessors behavior
• Convey absolute confidence in the premise of the
  admission you seek from the subject

22
Accusing an Innocent Person

• The accuser has reasonable suspicion or
  predication to believe the accused has committed
  an offense.
• The accusation is made under conditions of
  privacy.
• The accuser does not take any action likely to
  make an innocent person confess.
• The accusation is conducted under reasonable
  conditions.

23
Steps In The Admission-Seeking Interview

• Direct accusation
• Observe reaction
• Repeat accusation
• Interrupt denials
• Delays
• Interruptions
• Reasoning

24
Steps In The Admission-Seeking Interview

• Establish rationalization
• Unfair treatment
• Inadequate recognition
• Financial problems
• Aberration of conduct
• Family problems
• Accusers actions

• Establish rationalization
• Stress, drugs, alcohol
• Revenge
• Depersonalizing the victim
• Minor moral infraction
• Altruism
• Genuine need

25
Steps In The Admission-Seeking Interview

• Diffuse alibis
• Display physical evidence
• Discuss witnesses
• Discuss deceptions
• Present alternative
• Benchmark admission
• Reinforce rationalization

26
Steps In The Admission-Seeking Interview

• Verbal confession
• That the accused knew the conduct was wrong
• Facts known only to the perpetrator
• An estimate of the number of instances or amounts
• A motive for the offense
• When the misconduct began

27
Steps In The Admission-Seeking Interview

• Verbal confession
• When/if the misconduct was terminated
• Others involved
• Physical evidence
• Disposition of proceeds
• Location of assets
• Specifics of each offense

28
Taking a Signed Statement

• Voluntary confessions
• Intent
• Instead of Use
• Lie I knew the statement/action was untrue
• Steal I wrongfully took the property of __ for my
• own benefit
• Embezzle I wrongfully took ______s property
  which had
• been entrusted to me, and used it for my own
• benefit
• Fraud I knowingly told ___ an untrue statement
  and
• he/she/they relied on it

29
Taking a Signed Statement

• Approximate dates of the offense
• Approximate amounts of losses
• Approximate number of instances
• Willingness to cooperate
• Excuse clause
• Have the confessor read the statement
• Truthfulness of statement
• Signed and witnessed