Interrogation

The aim of a criminal interrogation is to obtain information from a suspect that the suspect does not want to divulge. Interrogation must be carried out in a manner that does not violate the suspect's civil rights or compromise the legal admissibility of the obtained information. There is often confusion between the concepts of interview and interrogation. The distinction is this: an interrogation occurs when one person asks all the questions and the other gives the answers; an interview is a conversation where both people ask and respond to questions. A thorough interview should always precede an interrogation, providing a foundation for the questioner to gather essential information about the subject's feelings, motivations, fears, and belief systems, which can then be used to direct an interrogation. Through the course of the interview, the subject is asked questions about him/herself, others involved in the event, and the crime itself. The interview process should be conducted in an informal and non-threatening manner; the goal is to obtain verbal and nonverbal information about the subject while building rapport and determining whether an interrogation is warranted.

A cardinal rule in interrogation is that there one best chance at obtaining a confession or the desired information, and it occurs the first time a subject is interrogated. There are several facets of interrogation that significantly increase the probability of successful outcome. The first involves laying adequate groundwork and thoroughly preparing for the interrogation. The interrogation must occur in an appropriate environment, where there is relative comfort but total freedom from distractions and interruptions. All potential distractions, such as cell phones, radios, beepers, etc. must be silenced; there should be no windows, telephones, or clocks in the room. The interrogator should be free to fully observe the posture, body language, and nonverbal cues of the subject throughout the course of the session. By eliminating other stimuli, the interrogator can be certain that all reactions stem from the line of questioning and the issues presented. An important aspect of environmental preparation entails prior preparation for documenting the information obtained. It is critical not to stop the process of interrogation. No matter what the means of recording the interrogation, it is imperative to obtain an signed, written summary statement of fact which will be admissible in a court of law. The interrogator must be certain to allot sufficient time to complete the interrogation, in order to maximize the likelihood of successful outcome.

The interrogator must be thoroughly familiar with the case facts, particularly those concerning the crime's commission. The interrogator gains immeasurable credibility and stature if he or she can communicate knowledge of how the crime was committed to the subject. Similarly, it is essential for the interrogator to become familiar with the subject's belief system, feelings, and attitude about the crime and victim. Psychologically, the interrogator must understand the subject's conflicts, needs, and goals in order to best elicit truthful information.

Interrogation is more direct than interviewing; its only goal is to elicit a confession or admission of guilty knowledge. The interrogator presents the subject with facts and information, and does not solicit new information. It is therefore critical for the interrogator to have previously amassed case facts and information with which to persuade the subject to tell the truth. The more experienced the interrogator and the more thorough the advance preparation, the more convincing the arguments will be.

There are several universal defense mechanisms that, if properly recognized and utilized by the interrogator, will greatly increase the likelihood of obtaining information: minimization, projection, and rationalization. Properly exploiting these defense mechanisms allows the subject to maintain a semblance of dignity while still being held accountable by the interrogator for their actions. If the interrogator minimizes the gravity of the incident by referring to it as an accident or an unfortunate mistake, the subject may also internally minimize the perceived impact of the incident and feel less resistant to talking about it By suggesting that someone else (often the victim) might share in the blame for the incident, the interrogator uses projection to allow the subject to feel that the incident is excusable. When an interrogator suggests that he or she can understand the subject's perspective (rationalization), it conveys empathy and allows the subject to feel like a decent individual who was in a bad circumstance at the time of the incident. By using careful wording, the interrogator can simultaneously decrease the subject's feeling of shame about the event and increase feelings of hopefulness about the ultimate outcome. The interrogator must be extremely careful not to mislead the subject into a belief in legal leniency or to in any way suggest denying the subject due process. Either event could lead to legal inadmissibility of the confession.

The interrogator presents a set of themes and arguments over the course of the interrogation, as many times and in as many ways as necessary to obtain a confession. In order to ensure a successful outcome, the interrogator must continually confront (degree and manner of confrontation must be person- and situation-specific) the subject with facts and information about the case and gradually limit the subject's ability to deny participation therein. One way to do this is by repeatedly stating the subject's participation in the incident(s) and questioning only the justification or motive for the event. Once the subject begins to acknowledge responsibility or participation in the crime, the interrogator can offer the individual reasons to confess without loss of dignity, such as an opportunity to tell his or her side of the story, to obtain psychological help, or to play a positive role in the ultimate outcome of the case. Successful interrogation outcome depends on maintaining a balance of the environmental, situational, and personality factors at play, while utilizing every available psychological technique and without compromising the legal integrity of the process.

SEE ALSO Criminal profiling; Ethical issues; Polygraphs; Profiling; Psychological profile.