Module 8.6: Interview Techniques & Procedures
I. The Basics of Interviewing
- Purpose: To gather information, not to get a confession.
- Subject: A witness, victim, or any person who may have helpful information.
- Tone: Conversational, informal, and relaxed. The investigator's job is to be a good listener.
- Environment: Can be conducted at any location, but a quiet place free from distractions is ideal.
The Ideal Interview Environment
- Privacy: The interview should be conducted in a place where the witness feels comfortable and will not be overheard. This prevents them from being embarrassed or afraid of what others might think.
- Timing: Conduct the interview as soon as possible after the event, while the witness's memory is still fresh.
- Setting: A familiar setting, like the witness's home or office, can help them feel more relaxed than a formal police station interview room.
| Witness Type | Characteristics | Interview Strategy |
|---|---|---|
| Know-Nothing Witness | Claims to have seen or heard nothing. May be afraid to get involved or may genuinely not know anything. | Build rapport. Reassure them of their safety. Try to jog their memory with specific questions. |
| Disinterested Witness | Apathetic and uncooperative. They feel the crime is "not their problem." | Appeal to their sense of civic duty. Emphasize the importance of their information, no matter how small. |
| Honest Witness | The ideal witness. They are cooperative and want to provide all the information they have, to the best of their ability. | Be a good, patient listener. Use open-ended questions to let them tell their story. |
| Deceitful Witness | A witness who is deliberately lying or withholding information, perhaps to protect themselves or someone else. | Be patient and listen to their whole story. Then, go back and ask specific, probing questions about inconsistencies. |
| Timid / Child Witness | May be shy, nervous, or frightened by the process. | Be patient, friendly, and non-threatening. For a child, get down to their eye level and use simple, non-leading questions. |
| Talkative / Boastful Witness | Eager to talk and may provide a lot of information, but it may be exaggerated or irrelevant. | Patiently listen, then gently guide them back to the specific topic. Separate fact from their opinion and speculation. |
IV. The Cognitive Interview Technique
The Cognitive Interview is a scientifically-designed method of interviewing that is based on principles of memory and psychology. Its goal is to maximize the quantity and quality of information recalled by a witness, particularly for complex events.
Ito yung interview technique na tumutulong sa witness na maalala ang mga detalye. Pinapabalik mo siya mentally sa crime scene - "Ano ang naamoy mo? Ano ang narinig mo? Ano ang pakiramdam mo noon?" Para bang time travel ang utak niya pabalik sa eksena.
The Four Main Techniques (Mnemonics):
- Reconstruct the Context:
- The investigator asks the witness to recreate the context of the original event in their mind.
- "Think back to the day of the event. What were you doing? What was the weather like? How were you feeling at the time?"
- Purpose: This helps trigger memory by reinstating the environmental and emotional context of the event.
Reconstruct Context = Ibalik mo mentally ang witness sa crime scene. Tanungin mo: Ano ang weather? Ano ginagawa mo? Para ma-trigger ang memory niya. Parang mag-flashback siya.
- Report Everything:
- The investigator instructs the witness to report every single detail they can remember, no matter how small or insignificant it may seem.
- "Don't leave anything out, even if you think it's not important."
- Purpose: Small, seemingly irrelevant details can be crucial pieces of the puzzle or can trigger the recall of more significant memories.
Report Everything = Kahit maliit na detalye, i-report. Kasi minsan yung akala nating walang kinalaman ay key pala sa kaso. Plus, yung small details ay pwedeng mag-trigger ng mas big details.
- Change the Order:
- The investigator asks the witness to recall the event in a different chronological order.
- "Tell me what happened, but start from the end and go backwards." or "Start from the moment the shot was fired."
- Purpose: This breaks the witness out of a pre-scripted or rehearsed narrative and can uncover new details.
Change Order = I-reverse o i-jumble ang timeline. Imbes na start to end, try end to start. Para mabreak ang rehearsed narrative at lumabas ang new details na hindi niya naturally naaalala.
- Change Perspective:
- The investigator asks the witness to try to recall the event from a different perspective.
- "Imagine you were standing across the street. What would you have seen from there?" or "Try to remember it from the victim's point of view."
- Purpose: This encourages the witness to access their memory through a different mental pathway, which can lead to new recollections.
Change Perspective = Imagine from different angle. Parang camera angle sa movie - pag nag-switch ka ng POV, may nakikita kang bago. Same concept sa memory recall.
The Cognitive Interview is a powerful technique that has been shown to elicit significantly more information from cooperative witnesses than a standard police interview.
Board Exam Tip: Cognitive Interview has FOUR techniques: Reconstruct Context, Report Everything, Change Order, Change Perspective. Memorize ang acronym: R-R-C-C! Laging lumalabas sa exam!
Introduction
The interview is one of the most common and essential tools of a criminal investigator. It is a conversation with a purpose: to obtain information from someone who has knowledge that may be of value to an investigation. Unlike an interrogation, an interview is non-accusatory and is designed to build rapport with a witness or victim to elicit the most accurate and complete information possible. The ability to conduct a good interview is a skill that requires planning, psychological insight, and the use of specific techniques. This module covers the procedures and techniques for conducting effective investigative interviews.
Key Learning Objectives:
- Differentiate between an interview and an interrogation.
- Describe the ideal setting and conditions for conducting an interview.
- Identify different types of witnesses and the challenges they may present.
- Explain the three main phases of an interview.
- Describe the steps and purpose of the Cognitive Interview technique.
II. Types of Witnesses
Investigators will encounter many different types of people during an investigation. Understanding a witness's potential motivations and limitations is key to evaluating their testimony.
| Witness Type | Characteristics | Interview Strategy |
III. The Three Phases of an Interview
A structured interview generally follows three stages.
Phase 1: Preparation and Planning
- The investigator should review all available information about the case before the interview.
- Prepare a basic outline of the topics to be covered.
- Check the witness's background to be aware of any potential biases or credibility issues.
Phase 2: The Interview Itself
- Introduction and Rapport Building:
- The investigator introduces themselves, shows their credentials, and states the purpose of the interview.
- The first few minutes should be spent building rapport with "small talk" to put the witness at ease.
- Narrative Phase (Free Recall):
- The investigator asks a broad, open-ended question like, "Tell me in your own words what happened."
- The investigator's job here is to listen actively and not interrupt. This allows the witness to tell their story in a way that is natural to them and may reveal details the investigator wouldn't have thought to ask about.
- Question-and-Answer Phase (Probing):
- After the free narrative, the investigator goes back over the story and asks specific questions to clarify details, resolve inconsistencies, and obtain more information.
- Open-ended Questions: "What happened next?" "Can you describe the car?"
- Closed-ended Questions: "What color was the car?" "Was he tall or short?"
- Avoid Leading Questions that suggest an answer (e.g., "The car was red, wasn't it?").
- Closing:
- The investigator summarizes the key points of the witness's statement to ensure it was understood correctly.
- The investigator thanks the witness for their time and asks, "Is there anything else you think I should know?"
- Provide contact information in case the witness remembers something later.
Phase 3: Post-Interview
- The investigator should immediately write up their notes or report while the interview is still fresh in their mind.
- Evaluate the information obtained and compare it with other evidence in the case.
Conclusion
A successful investigative interview is far more than a simple question-and-answer session. It is a planned, deliberate, and psychologically-aware process. By understanding the dynamics of communication, building rapport, and using structured techniques like the Cognitive Interview, an investigator can unlock a witness's memory and obtain the detailed, accurate information needed to move an investigation forward. The skill of listening is often more important for an interviewer than the skill of talking.