Investigation is the core role in policing. The success of any investigation relies upon interviewing witnesses, victims, as well as suspects, and upholding the highest standards during the process. Police forces have an obligation to develop and utilize the skills of an interviewer (Dando, 2009). Well-developed interrogation supports prosecution in a way that t saves on money, time, and other resources. It also increases public confidence in the police service specifically with witnesses of crimes and victims who meet the police. Without the accounts of those who committed the crime and the witnesses, the value of other sources of information such as forensic materials, CCTV images, and fingerprints might be so little. In this paper, an interrogation plan of suspects and witnesses of a robbery incident in Centervale grocery is developed.
An excellent way of accessing credibility is to involve multiple participants. The primary goal of interrogation is gain confession. One strategy that the police could use to interrogate multiple subjects is to lie to the suspects. It is legally acceptable to use deception and lies in criminal investigation departments. The lies only include the evidence that is not at hand. For instance, in the case under tis discussion, investigators might tell the subjects that eyewitnesses beheld the incident even when they did not exist. They could also lie that their fingerprints are on the gun they used at the scene. Obviously, such confronting evidence can force the guilty suspects to confess, although, sometimes the innocent might fall on the same trap. Practically, people who have mental incapacities can easily confess when such tactics are used because they lack skills in assertiveness. They also tend to believe that police are friends who seem to know the truth (Hartwig, 2005).
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Secondly, is to use the Reid strategy. In this technique, for instance, as the police maintain eye contact with the suspects, they can pose a statement like, “the way you blink your eyes tells us that you are lying, speak the truth.” It depends on cautious creation of rapport, observation of body language to check anxiety that Reid concluded that it signifies deceit, and reliability tests of known responses to regulate the questions. Also, someone can confess when there is an offer for compassion. It includes suggestions to presumably assure that the nice person will continue giving projection (Hartwig, 2005).
The third one is the deprivation and social isolation strategy. The subject is interrogated alone. The investigator should minimize his contradictions as well. This strategy applies deprivation from basic needs such as, sleep, food, water, and physical discomforts which will make the subject to confess expecting to be released. Because the suspect does not have an option of finding his own strength, he will give in to the interrogator’s word (Hartwig, 2005).
To avoid eliciting false accusations, the investigator should use video recording, expert testimonies, time limits on questions, and adult safeguards for the juveniles and the mentally incapacitated. The video recording solution creates a long-term and permanent record that can be referred to in future times. It captures the whole body of the subject, thus the non-verbal language is captured as well. Limiting interrogation time limits the chance of telling lies. The period should not exceed four hours. Alternative adults minimize the probability of getting false confession from vulnerable suspects such as the mentally challenged and the juveniles. It also prevents any police-suspect affiliation (Kwiatkowska, 2015). Adults are more knowledgeable and well-acquainted with human rights; this will ensure that justice prevails. Adults, preferably parents, can also encourage children to own up, thus ensuring truthful confessions. In addition, expert testimonies from the multiple witnesses are required to provide detailed investigation on disputed and false confessions.
It is difficult enough to obtain truthful information from witnesses, suspects, and suspects without creating privacy boundaries. To begin with the location of the interrogation room, it should be way far from an environment that reminds the suspect the repercussions of telling the truth. This is important to motivate their deception (Dando, 2009) Normally, it is almost impossible to open up for truth in presence of a spouse, parent, supervisors, or workmates. The room should be a way that upon leaving the place the first suspect’s encounter are among them. Also, it should be away from holding cells, booking areas, and barred jail cells. The employee’s work area should be removed in private sectors.
Secondly, the room construction should not raise issues of coercion or duress. It should be spacious enough to comfortably accommodate the minimum number of individuals (mostly 3), but too large to an extent that the suspect will wander, psychologically, in to void. The door should be made of solid material that does not resemble a cell door; it should be locked as well. The ceiling and walls should be properly insulated to prevent outside noises. The walls should be painted with a light pastel color, and should not contain destructive art work. The room should not have outside windows or opening to the interior glass panes because they will decrease the required sense of privacy. A clock should be placed at the back wall because suspects are fond of defiance (Dando, 2009).
Four pieces of furniture are enough for the sitting; a writing table, and three chairs. One chair belongs to the subject, and the other two for the investigator and an observer. The subject’s chair should not be a swivel seat and must be free from arms that limit movement. The investigator’s chair should resemble the subject’s. a desk or table between the subject and investigator will act as a barrier and the former might comfortably lie to the investigator. Additionally, the shield will hide the subject’s body movements needed to interpret his non-verbal character. The observer’s chair should be out of the subject’s sight to avoid privacy violation by the third party (Dando, 2009).
If electronic recording is used, the camera should be raised and slightly inclined to capture the suspect’s whole body, to not only record how he was treated but to also reveal his physical well-being as well as emotional state. Other recorders such as tape recorders, or microphones should be surreptitious and hidden. Usually, the electronic recording does not inhibit truth-telling, it is when the subject is constantly reminded that the session is recorded. This makes the suspects to withhold embarrassing or sensitive information (Dando, 2009).
Below is a table of interrogation questions to ask to start the investigation and uncover the truth about what happened it the robbery scene.
participants | questions | rationale |
Complainants |
What was the location, date, time, duration of the incident? What happened? Who else saw it and what did they do? How did the subject react to your response? To whom did you report in the management? What was their response? |
It is important to find out the truth and assure the victim that a follow-up and assessment of their concerns will be carried out. |
Witness 2; |
What did you witness, and how did you respond? How did the subjects respond? What were the date, time, location, and duration of the incident? Who else witnessed the same and what did they do about it? What else can you say that has not been asked? |
The purpose is to refute or corroborate the reporters’ description of the incident, and to add information that the complainant did not furnish. |
suspects |
If the suspects deny what happened, here are the questions to ask: where were you at the occurrence of the incident? What can make someone to invent and lie about the alleged incident? Who witnessed your whereabouts? If they accept: when and where did it happen? What’s your relationship with the complainant? What circumstances led to the same? Recount the conversation that occurred. |
The reason is to account for credibility and avoid making judgments whose bases are false opinions. Also, such circumstantial questions enable the investigators to detain suspects. |
Larry Sweeney is both and a witness and more less a suspect in the offense. Dealing with him is the most critical part of the investigation. He is elderly and mentally challenged as well. Perhaps he will be questioned because the reasonable grounds of belief have not been determined. It is not enough to believe he is guilty because he is related to one of the suspects. The fact that Scot Sweeney called him does not give circumstantial evidence to detain him because the call might have been used to just confirm his presence for the robbers’ security. In fact he is one way to the investigators to catch the culprits since he is related to one of them.
The questioning procedure should involve the use of polygraph. It is a lie detection technique. Lying will cause physiological arousals which will be detected. This technique is applicable because Larry is a material witness and it is important to determine his credibility in the scene and give truthful confessions. The questions should be both arousing and non-arousing but slow to give him time to recall because he is elderly. The arousing questions are those which are irrelevant to the situation being alleged. Arousing questions could be like “have you ever interacted with Scot Sweeney?” “Did you talk to Scot at this time (time just before the robbery scene because one witness reported that nephew called his name)?” lie questions could also be applied focusing on the behaviors that are not directly linked to him, and are uncomfortable to discuss.
The investigator should keep an open minded approach and a well-established rapport. This will improve the victim’s forthcoming in the conversation (Hartwig, 2005) . The investigator should also avoid suggestive and leading questions for as long as the interview’s dimensions and objectives are kept in mind. The approach should not be based on a lot of pressure but it should be empathic and establish maintain a good relationship with the subject. Research shows that most suspects will accept to participate in federal systems depending on their perception of investigators ‘and actors attributes. The main reason of focusing on attitudes is that it affects people’s classification of individuals, events, and objects in their environments. Furthermore, the attitudes portrayed could act as functioning processes by indicating avoidance or approach towards what appears in the environment. Criminal experiences vary. Some victims find it hard to narrate traumatizing experiences and may reduce the level of truth achieved from an investigation (Hartwig, 2005).
During the process, it would be more efficient to involve an expert psychologist due to Larry Sweeney’s condition. The subject could have language archaisms that need detailed explanation to get clear understanding. The system of questions should not be interrupted, so it should be conducted away from destructions. Because the investigator has a hint about his medical condition, he should collect detailed medical before bringing the subject before questions. If more details are needed from a psychiatrist, and the time to question is at hand, it is wise to postpone until it is obtained to avoid eliciting any false information. This is part of the plan for questioning. The subject should understand his role on stage and trust the investigator. The questions should be adjusted to the subject’s intellectual capabilities to enable him to provide short and precise answers. He should be told role of the expert psychologist so that he won’t feel that his privacy is invaded (Kwiatkowska, 2015).
Juveniles do not understand their constitutional rights and the right to counsel due to their immaturity, impressionability, as well as lack of comprehension (Kwiatkowska, 2015). In Arizona, the Supreme Court informs individuals about their constitutional rights against self-incrimination, and their right to retained-and, if-indigent, appointed-counsel. For the juveniles, the court has formulated two approaches; for the first, courts should take in account the totality of factors that surrounds the waiver. The second approach demands the presence of a consultant, usually an adult concerned with the welfare of the minor in question (Kwiatkowska, 2015). The rule automatically disapproves the minor’s waiver of rights if the police do not meet some procedural safeguards. The 6 th amendment provides for the rights to counsel, that is, the accused juvenile should be assisted for counsel during their defense because they cannot be compared with adults who have full senses of knowledge and consequences of their dismissals. The Miranda also requires that an interrogation should be called off if the child seeks an adult to address his interests on his behalf. The judgment shows that such a juvenile might be seeking for advice or generally invoked by the need the right to keep quit. Different grounds dissents this as the totality of circumstance interrogation approach might limit the freedom from coercion. In California, the states laws strictly limit the way in which the subject may assert chance, or require invocation with unmistakable clarification. It should not be assumed that the juvenile in question has the ability to request assistance from the attorney (Kwiatkowska, 2015).
It is difficult to deal with the elderly because memories decay to an extent of being irretrievable. The accuracy of long-term memories will be significant for an investigator. When interrogating the elderly, the investigator should maintain eye-contact because the subject might rely on the non-verbal cues to understand verbal information . The best way to address such a situation is to use techniques that will enhance the subject’s memory and to gauge them for long-term recall (Kwiatkowska, 2015). Usually, the elderly takes much time to walk or even complete a meal, so it takes them longer to retrieve memory. For that reason, investigators should give them more time to retrieve information when they are interrogated. The technique should be slow and methodical for the elderly. It is even much better to explore previous memory connections to trigger retrieval. For instance, asking questions like “did the subject spoke like and resemble anyone you know?” “Why did it remind you about someone you are familiar with?”
Competence is highly paramount in in an interrogative investigation. When dealing with the mentally challenged, research in behavioral science, legal doctrines, as well as clinical practices are required to determine their competence. It also requires professionalism, confidentiality, and ethical conduct. Physicians who have had an obligation to deal with the subject are often consulted. However, physicians do not only lack sufficient education and professionalism but they do not posses any systematized skills regarding the legal systems. So they are reluctant to participate in cases involving patients’ competence The Older Americans Act states various laws that takes care of the elderly in the legal systems to reduce emotional turmoil, family conflicts, minimize confusion, and stresses invoked by critical decision-making processes (Kwiatkowska, 2015).
In conclusion, criminal investigation’s success relies on a good planning. The planning also gives the investigator the confidence and relevant information before stage of interrogation. Communications skills such as listening, rapport, as well as conversation play a vital role. Open mindedness and questioning are flexible and ensures a convenient questioning process. In addition, attitudes, beliefs and values are equally important as they influence the degree of openness a suspect or witness can reach. The police’s feeling of respect and their humanitarian interrogation are expressed as avoidance/approach and approval/disapproval attitudes (Kwiatkowska, 2015).
References
Hartwig, M. (2005). Interrogating to detect deception and truth: Effects of strategic use of evidence. Kwiatkowska-Darul, V. (2015). Particular subjects of interrogation as unceasing challenge for interrogators.
Dando, C., Wilcock, R., Milne, R., & Henry, L. (2009). A modified cognitive interview procedure for frontline police investigators. Applied Cognitive Psychology: The Official Journal of the Society for Applied Research in Memory and Cognition, 23(5), 698-716.