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“I’m uneasy about what you’ve told me here today.
I believe you’ve got more to tell me.”
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“I think you’re the one who did it, and it’s important for us to talk about this to get it cleared up.”
Use care when making such statements. You don’t want to frighten the subject. For an investigator to express such a conclusion takes some daring and skill. Although there is no need to harshly accuse or intimidate the interviewee, this is the time for specific review and persistent encouragement to clear up inconsistencies or to gain an admission or a confession. It is at this point that the interview gradually flows into an interrogation. The interviewer-turned-interrogator now clearly and specifically announces that the subject seems to be intentionally withholding information and is probably a key player in the matter under investigation. While you announce your suspicions, you should continue to help the subject save face and rationalize his or her involvement. This is no time to degrade or humiliate the subject.
Coercion has no place here—or indeed anywhere in this process.
Up to this time, you have modified your efforts to deal with embarrassed victims and reluctant witnesses, but now is the time to forge ahead into an interrogation to seek an admission or a confession. Don’t be destructive in your efforts. Don’t label the interrogatee when addressing him or her. In other words, don’t say, “I know you’re the molester.” Not only are such comments hostile, but they are self-defeating.
Be certain, and be confident! This is no longer the time for using the word if. Instead, display confidence in the subject’s involvement. Interrogation is not for all investigators. It is a matter of temperament, confidence, and skill. Some investigators are more capable than others of handling this concentrated search for the truth.
Your efforts may yield only an incomplete admission of guilt. If you doubt that the subject told the complete story of what happened, remember that even a partial confession can be helpful in concluding the investigation. That is not to say that you
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should be satisfied with a half-done job. Accept whatever confession or admission is offered, and have it witnessed and put into written form. Then commit yourself to starting over with renewed effort to seek more details of the subject’s culpability.
REVIEW QUESTIONS
1. How and when do we learn bias and prejudice?
2. How can we change our attitudes as we mature?
3. Name the three sections of the initial phase, and describe the interviewer’s task in each.
4. What is the floating-point strategy, and how can you use it during an investigation?
5. Where can you find hints of motivation?
6. How can you evaluate potential interviewees, and why should you do this?
7. What should you consider when planning an interview strategy?
8. What does it mean to have an open mind as an interviewer?
9. What is the main purpose of the first four minutes of an interview?
10. What are hidden persuaders, and how can you use them in an interview?
11. Which of the hidden persuaders do you think are most effective?
12. How can you make a positive impression in the first few seconds of an interview?
13. How does the interviewee evaluate the investigator? What is he or she trying to determine?
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14. What is the strategic advantage in interviewing someone who is not under arrest?
15. What are the elements of the contact section?
16. What should you tell the interviewee about the objective of the interview?
17. How can you put the interviewee at ease to promote cooperation?
18. What tactics can you use when interviewing victims and witnesses at a crime scene?
19. What is the interviewer’s task in the primary phase?
20. What are “bones,” and what do they help the interviewer determine?
21. Why is it useful to have the interviewee provide a narrative of what happened?
22. What is the interviewer’s task in the terminal phase?
23. What occurs during the follow-up phase?
24. What might you say to the subject as you flow from interviewing into interrogating?
10
Set ting, Location,
Intensity, and
Approach in the
Interview
To ensure the success of an interview, the investigator must consider many factors, including where the interview will take place, how the participants will be positioned within the interview room, how intensely the interviewer will press for information, and what approach he or she will use in questioning the interviewee. All of these elements require careful planning because they have a significant impact on the outcome of every interview.
This chapter suggests ways in which environmental setting, participant location, intensity, and approach can be incorporated into the interview process.
ENVIRONMENTAL SET TING
Privacy is a key element of successful interviews. When possible, arrange to conduct your interviews in a comfortable, private 141
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room. The environment you choose should be quiet and free from disturbances. However, there is little to gain by transporting interviewees to some distant site that you think is ideal. Doing so might cause unnecessary disruption. Virtually any site that provides privacy will probably be suitable.
LOCATION OF PARTICIPANTS
Personal Space
There is an invisible boundary, known as personal space, around each of us. We become uncomfortable when strangers intrude in our personal space. Most Americans reserve about a foot and a half of space around them for intimate conversation. They allow casual interactions in the space between about a foot and a half to about four feet. Impersonal transactions take place beyond about four feet. Personal space varies not only with culture (Hall 1966), but also with social status. People of high status assume and are granted more personal space than people of lower status.
Proxemics is the study of the spatial distances that people maintain between themselves and others. A knowledge of proxemics can help you become a better interviewer. Recognize that there is an invisible boundary—a protective wall of privacy—
around interviewees (Bennis et al. 1973, p. 78). Whether standing or sitting during an interview, be sensitive to the interviewee’s level of comfort, and use it to determine how the interviewee defines his or her personal space. Enter this space with care to avoid alarming the interviewee. Moving too quickly into the interviewee’s personal space may cause undue stress, which could block the flow of communication. This action is unnecessary and self-defeating (Davis 1975, p. 180).
Conversation, Moderate, and Intimate Locations I believe that it is helpful to identify three distinct distances between interview participants. In order of decreasing physical
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distance, I call these the conversation, moderate, and intimate locations. When I say “location,” I mean to include both distance and position. Most interviews take place in the conversation or moderate location.
As you begin the interview, position yourself in the conversation location, about six feet away from the interviewee, and then gradually move closer into the moderate location, where you can conduct most of the interview. Not only does moving closer convey your warmth, but also it will help both you and the interviewee focus more fully on the discussion. The display of positive motives generally sparks productive results. The intimate locations are used when the interviewee needs comforting, when using intensity level 4 (see below), or during other portions of the follow-up phase. Of course, space limitations may prevent you from beginning the in
terview in the conversation location or moving closer to the interviewee than the moderate location.
The Conversation Location
In the conversation location, the interview participants are situated about six feet apart, as shown in Figures 10.1 and 10.2. This is a “safe” distance for the interviewee, just beyond easy physical reach. In this location, participants have enough room to lean forward without touching and can move their legs comfortably. The conversation location permits the investigator to observe the interviewee for nonverbal communication at critical moments.
The conversation location is used between points A and C of the polyphasic flowchart shown in Chapter 9 (see Figure 9.1).
At the beginning of the interview, position your chair to the left or right of the interviewee’s chair at an angle of about 45
degrees. Avoid facing the interviewee squarely and presenting yourself symbolically as a threat. It is preferable that there be no obstruction between participants other than the corner of a desk.
You can lean back or forward in your chair, depending on the context of the interview. However, avoid leaning your chair back against a wall, and don’t put your feet up on the desk. Keep your
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Figure 10.1
The conversation location. The interview participants are located about six feet apart.
body position alert, and project an attentive, professional appearance at all times.
Begin the interview with yourself and the interviewee in the conversation location. Be careful not to violate the interviewee’s personal space. If you go past that invisible line and step into the interviewee’s “flight area,” he or she will probably back off to increase the space between you. The interviewee’s flight area is located somewhere within the moderate location.
R
I
Figure 10.2
Overhead view of a typical interview room, ten by twelve feet, showing participants in the conversation location. I = interviewer; R = respondent.
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The Moderate Location
The moderate location brings interview participants to within about four feet of one another, as shown in Figures 10.3 and 10.4.
This is close enough to allow the investigator to gently touch the interviewee’s arm or shoulder if appropriate. In the moderate location, participants are generally situated at a 45-degree angle, as in the conversation location. At this distance, legs can be Figure 10.3
The moderate location. The investigator gradually and incon-spicuously moves closer to the interviewee until they are about four feet apart.
Figure 10.4
Overhead view of a typical interview room, ten by twelve feet, showing participants in the moderate location. I = interviewer; R = respondent.
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crossed carefully. Most interviews and many interrogations can be conducted from the moderate location.
The Intimate Locations
In the first intimate location, the participants are situated about two feet apart, as shown in Figures 10.5 and 10.6. As the intensity of the interview increases, the interviewer moves into the second intimate location, to within about a foot of the interviewee and facing him or her, as shown in Figures 10.7 and 10.8. The intimate locations may be the most stressful or the most reassuring, depending on how the interview is conducted. In these locations, you can easily reach the interviewee. Your chair is situated quite close to the interviewee’s chair, so that your knee is next to the interviewee’s knee. In this position, the crossing of legs is next to impossible. This distance is reserved for in-depth interviews requiring intense interpersonal communication, great empathy, and lots of encouragement. It is also used for interrogations in which an admission or a confession is sought.
The investigator’s shift in position from intimate location 1 to intimate location 2 often accompanies a change in the interview strategy, from resolving inconsistencies (interviewing) to attempting to gain an admission or a confession (interrogating). The suc-Figure 10.5
The first intimate location. Participants are seated about two feet apart.
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R
I
Figure 10.6
Overhead view of a typical interview room, ten by twelve feet, showing participants in the first intimate location. I = interviewer; R = respondent.
Figure 10.7
The second intimate location. Participants are seated about one foot apart.
cessful investigator will make this transition smoothly, not only in shifting position, but also in the comments, questions, and intensity he or she employs. In the intimate locations, the rhetorical questions and statements used differ from the investigator’s previous efforts to assist the interviewee to rationalize and save face.
REVIEW AND ENCOURAGEMENT INTENSITIES
Throughout the interview, the investigator reviews the facts of the case and their implications with the interviewee and encourages
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R
I
Figure 10.8 Overhead view of a typical interview room, ten feet by twelve feet, showing participants in the second intimate location. I = interviewer; R = respondent.
him or her to answer questions truthfully. Using verbal and nonverbal communication, the investigator tries to persuade the interviewee to reveal information or to make an admission or a confession. The intensity of this review and encouragement varies throughout the different stages of the interview process. The objective of using varying degrees of intensity is to bring out verbal and nonverbal signals that indicate that the interviewee is lying. Intensity, the amount of effort put into how remarkable or powerful the investigator’s presentation is, is signaled by the investigator’s total presentation: how and where the participants are seated; the investigator’s tone of voice, facial expressions, and body language; and the investigator’s questions and comments and how they are formulated.
Review
The topics the investigator chooses to review with the interviewee vary with the phases of the interview, as does the intensity of that review. From general to more specific, the investigator’s level of review might increase as follows:
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Inquiry into the circumstances of the matter under investigation.
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Discussion regarding the interviewee’s knowledge, opportunity, access, and motivation as they relate to the matter under investigation.
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Coverage of the totality of the circumstances as related to the interviewee’s knowledge, opportunity, access, and motivation.
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Consideration of the totality of the circumstances in lesser or greater depth.
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Consideration of the interviewee’s relationship to the totality of the circumstances with less or more focus.
Encouragement
The reason to encourage the interviewee is to reassure him or her and to reach a certain objective—the truth. During the process of trying to reach that goal, only positive methods to encourage the interviewee to tell the truth are suggested:
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Persuading
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Selling
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Influencing
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Calling for the truth
The use of review and encouragement does not involve bullying, threatening, coercing, or punishing the interviewee.
Intensity Levels
Now let’s look at each intensity level and illustrate the specific kinds of review and encouragement that operate at each level.
Level 1
Level 1, representing general review and minimal encouragement, is used in all interviews
from point A to between points C
and D on the polyphasic flowchart (see Figure 9.1). At this level,
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the least amount of effort is employed in using review and encouragement. No attempt is made to point out gaps or inconsistencies in the interviewee’s story. Level 1 is also used for the preliminary inquiry during the precontact section of the initial phase. While obtaining details regarding the matter under investigation, it isn’t appropriate to challenge the information provided. There will be a time for that later, if necessary.
Level 2
Level 2, used from between points C and D to point F on the flowchart, represents the greatest amount of general review and minimal encouragement. Compared to level 1, there is more effort in this level to use these tools. No gaps in the interviewee’s story are pointed out or challenged, but some effort is made to clarify details. The “bones” discussed in Chapter 9 are used to draw out the truth. At this intensity level, interviewees may, through verbal and nonverbal signs, indicate that they are trying to dodge your questions or are providing dishonest answers.
Level 3
Used between points F and I of the flowchart, intensity level 3
involves specific review and persistent encouragement. At this level, the interviewer discusses any inconsistencies that he or she noted earlier in the interview. This is not a time to interrogate, but rather a time to revisit investigative detail. The interviewer must be bold enough to state clearly that there are inconsistencies that must be resolved. The investigator tries to persuade the interviewee that it is inevitable that the truth will eventually be discovered.
During this level, culpable interviewees will probably reveal further signs of their deception. Then it is time for the interviewer to take on the role of interrogator and look for an admission or a confession. The interviewer puts on a different hat, so to speak, becoming assertive and more determined.