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Interviewing Witnesses

Chapter 16

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• List the five types of interview questions.• Understand how to ask introductory

questions.• Explain how to construct informational

questions.• Understand the differences between open,

closed, and leading questions.• Explain how to close an interview.

Learning Objectives

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• Define and explain the purpose of assessment questions.

• List some nonverbal clues to deception.• List some verbal clues to deception.• Discuss the methodology of admission-

seeking questions.• List the elements of a signed statement.

Learning Objectives

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Interviewing Questions

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

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Introductory Questions

• Provides an introduction• Establishes rapport• Establishes the theme of the interviews• Observes the person’s reactions

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General Rules for Introductory Questions

• Don’t interview more than one person at a time• Conduct interviews under conditions of privacy• Ask nonsensitive questions

Instead of: Use:Investigation InquiryAudit ReviewInterview Ask a few questionsEmbezzlement Shortage or paperwork problems

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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

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Informational Questions

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

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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.

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Informational Question Techniques

• Give the respondent ample time to answer; do not rush the respondent.

• Try to help the respondent remember, but do not suggest answers; 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 his/her answers.

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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.

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Methodology Informational Phase

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

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Dealing with Difficult People

• Do not react• Disarm the person• Change tactics

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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

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Closing Questions

• Reconfirming facts• Gathering additional facts• Concluding the interview

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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

to avoid punishment– The human body will attempt to relieve stress through

verbal and nonverbal clues

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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

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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

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Nonverbal Clues

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

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

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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?”

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Methodology• Interviewer: “Have you ever felt justified—even though you

didn’t go through with it—in taking advantage of your position?”

• Interviewer: “Who in your department do you think would feel 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 discovered?”

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Admission-Seeking Questions

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

statement acknowledging the facts

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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 confessor’s behavior.

– Convey absolute confidence in the premise of the admission you seek from the subject.

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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.

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Steps in the Admission-Seeking Interview

• Direct accusation• Observe reaction• Repeat accusation• Interrupt denials

– Delays– Interruptions– Reasoning

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Steps in the Admission-Seeking Interview

• Establish rationalization– Unfair treatment– Inadequate recognition– Financial problems– Aberration of conduct– Family problems– Accuser’s actions

– Stress, drugs, alcohol– Revenge– Depersonalizing the victim– Minor moral infraction– Altruism– Genuine need

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Steps in the Admission-Seeking Interview

• Diffuse alibis– Display physical evidence– Discuss witnesses– Discuss deceptions– Present alternative

• Benchmark admission– Reinforce rationalization

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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

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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

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Taking a Signed Statement• Voluntary confessions• Intent

Instead of: Use:Lied I knew the statement/action was untrue.Stole I wrongfully took the property of ______ for my

own benefit.Embezzled I wrongfully took ______’s property, which had

been entrusted to me, and used it for my own benefit.

Defrauded I knowingly told ______ an untrue statement and

he/she/they relied on it.

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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• Preparing the statement