6.5 ELICITATION, INTERVIEW AND PROVOCATION

• Interrogation


  Eliciting the truth from a suspect or witness without threats or promises
• Preparing for interrogation


  1. Investigate before you interrogate

  2. Become familiar with all known facts
• Information about the offense

  • Legal nature of the crime
  • Date, time, and place of the offense
  • Description of the crime scene and area it occurred in
  • The way the crime appears to have been committed
• Information about the suspect/s

  • Personal background information
  • Present physical and mental condition, and medical history
  • Attitude toward the investigation
  • Relationship to the victim or crime scene
  • Possible motive
  • Alibi
  • Incriminating information
  • Religious or fraternal affiliations or prejudices
  • Social attitudes in general
  • Hobbies
  • Sexual interests and deviations (only if relevant to the investigation)
  • Ability or opportunity to commit the offense, or have knowledge
• Object of the criminal act

  • Person(s)
  • Organization
  • Property
• Information about persons


  • Nature of injury and details thereof
  • Age, sex, marital status, family responsibilities
  • Social attitudes regarding race, nationality, religion, etc.
  • Financial and social circumstances
  • Physical and mental characteristics
  • Sexual interests or deviations (only if relevant to the investigation)
• Information about organizations


  • Government, company, etc.
  • Operations, past and present
  • Officers
  • Possible motivating activities
• Information about property


  • Owner
  • Location
  • Past, present, and future use
  • Special significance
• General considerations


  • Investigate the suspect's alibi before interrogating
  • Has the suspect been interviewed or interrogated before?
• Scheduling


  • The time and date of the interrogation should be chosen by the interrogator
  • Allow as much time as necessary to complete the interrogation process
• Location

  • Chosen by the interrogator
  • Should have controlled access
  • Provide for privacy and freedom from distractions
• The interrogation room


  • More often than not, a dedicated room is not available
  • The ideal location to conduct an interrogation is a dedicated room set up for the purpose of interrogations
• Interrogation room setup

  • Audio/video recording devices
  • Observation window
  • Furniture
  • Lighting
  • Decor
• The interrogation team


  • Observer
  • Support personnel
  • Interpreter
  • Interrogator
• The interrogator


  • Ideally, every agency should have a trained interrogation specialist
  • The responsibility of interrogating a suspect should automatically go to the arresting officer or investigator
• Personal attributes of the interrogator


  • Intelligence
  • Understanding human nature
  • Interest in the interrogation process
  • Legal awareness
  • Patience
  • Ability to get along with others
• Professional considerations for the interrogator


  • Dress
  • Hygiene
  • Smoking
• Conduct of the interrogation

  • Nothing shall be said or done that would cause an innocent person to confess
  • Control the interrogation
  • Be patient
  • You are a truth seeker
  • Language used
  • Role reversal
  • Find the good in suspect or witness
  • Interrogation ethics
  • Addressing the suspect or witness
  • Note-taking and escorting
  • Seating arrangement
  • Treatment of the suspect
  • Restraints
  • Personal defense weapon
• The interrogation process


  1. PRELIMINARY ACTIONS: Starting the interrogation record, Pre-Interrogation Interview, Escort, Introduction of the interrogator

  2. STEP ONE: POSITIVE CONFRONTATION

  3. STEP TWO: THEME DEVELOPMENT

  4. STEP THREE: HANDLING DENIALS

  5. STEP FOUR: OVERCOMING OBJECTIONS

  6. STEP FIVE: GETTING THE SUSPECT'S ATTENTION

  7. STEP SIX: THE SUSPECT QUIETS DOWN AND LISTENS

  8. STEP SEVEN: PRESENTING ALTERNATIVES

  9. STEP EIGHT: BRINGING THE SUBJECT INTO THE CONVERSATION

  10. STEP NINE: OBTAIN A STATEMENT
• The interrogation report


  • Prepare upon completion of the interrogation
  • Include all relevant information
  • Transcript of recording
  • Notes of interrogation
• Investigate before you interrogate
• Follow the process
• Do nothing that would cause an innocent person to confess