Investigative Interviewing – Understanding the Art

1. Investigative Interviewing – Understanding the Art IIA – Boise Chapter April 8, 2014

2. First Instincts

3. First Instincts

4. Interview vs. Interrogation • Interview: A discussion about a specific subject, best conducted between two persons, for the purpose of gathering accurate information regarding a specific subject • Interrogation: A controlled conversation between two persons to obtain a confession or admission of guilt

5. Tools of Interrogation • Proper tools are required • Perception of interrogation

6. Interview Preparation • To prepare thoroughly you must: • Know your end game (individually and corporately) • Know the risks • Know your topic—document review and outline • Know your subject • Employment file • Background check • Other interviews

7. Interview Preparation:Develop a Strategy • WHO is present in the interview can make all the difference—pros and cons of having counsel or others present. • WHAT is your purpose in the interview? i.e., What do you hope to get out of it? What do you think they know? • WHERE you interview sets the stage, sends a message, and sets the tone, especially for adversarial interviews.

8. Interview Preparation:Develop a Strategy • Time of day or week • Order of interviews • WHEN you interview is important • WHY have you decided to interview this person? Why now? Remember that every interviewee is a vulnerability to your investigation. • HOW are you going to start and end the interview? What you say in the first minute can make or break you.

9. Interview Tips • Communications researchers claim non-verbal communication makes up 65% to 70% of the “real” message. • The real message can be contained in: • voice - pitch, stress, tone, pauses, • language - errors, qualifications, vagueness • facial expressions - eye movement, licking lips • body movements - grooming gestures, tapping

10. Spare Thinking Time • S-l-o-w D-o-w-n • Control • Think before you speak • The power of Silence

11. Take Control: “Have a seat.” • Eliminate distractions • Allow for open discussion • Taking notes = control • Recording interview? • Fill in the missing links • Move with a purpose and a rhythm • Posture • Witness

12. The Interview Setting • Location—“Your place or mine?” • Physical/Psychological advantage • Props: Files, Cabinets, Labels • Position person being interviewed near the exit with their back to the door • 4–6 feet apart; entire body in view

13. Developing Rapport • “To give of thyself” • Be non-judgmental • Even non-adversarial interviews require rapport • Best sign of good rapport = conversational tone • Rapport development continues even after interview is over

14. Mirroring - Rapport Means doing the mirror image of the movement of the subject in order to keep or take control of the interview

15. History of Deceit • Desire to be truthful • Develop internal response by three • Develop patterns of deceit • Develop signals

16. Deceit • What Indicates Deception? • According to Freud: “He that has eyes to see and ears to hear may convince himself that no mortal can keep a secret. If his lips are silent, he chatter with his fingertips; betrayal oozes out of him at every pore”.

17. And the #1 Most CommonInterview Mistake Is . . . TALKING OR WRITING AND NOT LISTENING!

18. Listening • Discriminatory Listening • My Perceptions and Beliefs • Passive Listening • More Attention to Notes then the Subject • Empathetic Listening • Observes and Absorbs the Subject

19. Interviewing Questions • Introductory • Informational • Assessment • Closing • Admission-seeking

20. Introductory Questions • Provides an introduction • Establishes rapport • Establishes the theme of the interviews • Observes the person’s reactions

21. General Rules for Introductory Questions • Don’t interview more than one person at a time • Conduct interviews under conditions of privacy • Ask non-sensitive questions (Minimization) Instead of:Use: Investigation Inquiry Audit Analysis Interview Ask a few questions Embezzle Shortage or paperwork problems

22. 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

23. Informational Questions • Open questions • Closed questions • Leading questions • Question sequences

24. 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 subject’s narrative without good reason.

25. 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 their answers.

26. 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.

27. Methodology Informational Phase • Begin with background questions • Observe verbal and nonverbal behavior • Ask non-leading (open) questions • Approach sensitive questions carefully

28. Dealing With Difficult People • Do not react • Disarm the person • Change tactics • Escort to the door • Inability to leave

29. 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

30. 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

31. Methodology • Interviewer:“Most of them aren’t criminals at all. A lot of times, they’re just trying to save their jobs or just trying to get by because the company is so cheap that they won’t 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 company’s 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?”

32. Methodology • Interviewer: “Have you ever felt yourself—even though you didn’t go through with it—justified 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: “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?”

33. Closing Questions • Reconfirming facts • Gathering additional facts • What could you ask? • Concluding the interview on a positive note • Why?

34. Full-body motions Anatomical physical responses Breathing Sweating Illustrators The Face Mouth Eyes Manipulators Fleeing positions Crossing Arms or Legs Reaction to evidence Fake smiles Nonverbal Clues

35. Physical Indicators of Deceit • Everyone but the most skilled commando exhibits involuntary outward physical signs when they are discussing something that makes them uncomfortable. • The main indicator is change in movement. • Eyes • Up, down, all around • Look for variation

36. Physical Indicators of Deceit • Posture • Determine under casual circumstances • Observe change as pressure builds • Changes in demeanor • Mouth, Hands, Attention, Ticks

37. Nonverbal CluesTouching the Face

38. Nonverbal CluesSensitive Nose

39. Nonverbal CluesThe Mouth

40. Nonverbal CluesThe Eyes

41. Nonverbal CluesBlinking

42. Nonverbal CluesEyebrows

43. Nonverbal CluesCrossing

44. Nonverbal CluesThe Hands

45. Nonverbal CluesPosture

46. 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

47. 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

48. Verbal Indicators of Deceit • Disruption in the speech pattern • Stammer • Stutter • Slurring • Buying time—repeating the question • “I don’t understand what you’re asking me.” • Utterances • Whew! • Sigh • Snicker

49. Qualified Memory Lapses • “I don’t think so.” • “I can’t recall.” • “Not to my knowledge.” • “I can’t remember.” • “Not that I can think of.” • “Not that I can remember.” • “Not as far as I know.” • “I have never heard that before.”

50. The Criminal Gets Religion! • “Honest to God . . .” • “I swear on my mothers grave . . .” • “May my parents drop dead if I’mlying . . .” • “As God is my witness . . .”