CRIMINAL INTERROGATION

CRIMINAL INTERROGATION...

Excerpts from Dr. John Macdonald's 1999 Western Robbery Conference lecture and his book, Criminal Interrogation. Dr. Macdonald is a Professor Emeritus at the University of Colorado School of Medicine.

Illustrations by Det. Paige Lyda, Denver Police Department

A police officer, prior to his assignment to the detective bureau, may not have received any formal training in interrogation. This review may be of some use to the veteran detective who suddenly finds that his new partner needs a little help during the year or so before the department approves special training programs on interrogation, criminal profiling and hostage negotiation.

Commitment to Success

A positive attitude is essential, bury any anger toward the suspect. Develop through experience the self confidence that the suspect will recognize. Be willing to take the time necessary to win, it may take two or more hours to gain a murder suspect's willingness to talk to you. You cannot spend this amount of time with a bicycle theft suspect, but what about a serial bank robber, an arsonist, a rapist or any offender who arouses your concern.

Preparation

It may make the difference between success and failure. Get information on the robbery, and other robberies possibly by the same suspect. The suspect's date of birth, address, occupation, prior criminal record. Also through NCIC do the QQ inquiry. What other police departments and law enforcement agencies have been making inquiries on him? Records seldom reveal all that police officers know about a criminal. A telephone call to the detective and to the arresting officer may well be worthwhile. If the suspect is a gang member call or visit the Gang Unit.

Information from parents and other relatives. There's a snitch in every family.

The victim's sex, age, address, occupation. When appropriate, check for prior record as an offender or victim.

Quick Personality Evaluation

The moment you see the suspect for the first time, you gain an impression of his personality.

His home or cell, his vehicle - messages on his bumper stickers.

His bearing, the way he walks.

Body language.

Shakes your hand, vice grip or limp hand.

Clothing, messages on his t-shirt, tattoos, needle marks.

Miranda

Do any two judges or district attorneys agree on their interpretations of Miranda? If the criminal needs this warning, he should not be in this line of business. The Miranda warning should be quick, brief, positive. Before questioning a juvenile, talk to the parents, if you gain their support, they may tell their son or daughter to tell you what happened. It may be good to have them present during your interview, but some juveniles have difficulty confessing in the presence of their parents.

Too often a suspect is given too many Miranda warnings by too many officers before you have the opportunity to talk to him. Why should a uniform officer, who has no intention of questioning him, give him this warning? The more warnings, the more likely he will eventually demand an attorney.

The Interview

Privacy is vital. Inside a police car away from onlookers, or an interview room not open to public view. The suspect sits alongside, not behind, your desk or table. No telephone, no beeper, no tape recorder; and a partner who remains silent until you have finished.

Do not immediately audio or videotape the interview. Use your judgment in deciding when to videotape. A computer monitor enables other detectives watching through a one way screen to make suggestions without distracting the process.

Non-Verbal Signals

Hand over his eyes or mouth, touching his nose, rubbing his ear. Going out of his way to look you in the eye. Looking at his fingers or his wedding ring.

Thread pulling, lint picking, smoothing a dress, stroking hair, inspecting or biting fingernails, drumming finger tips on a desk, knuckle cracking. Sighing, yawning, tapping a foot and other nervous gestures to relieve tension.

Cleaning his glasses to gain time to think of an answer.

Arms crossed, lips tightly pressed, sitting on the edge of the chair.

Head drooped forward, body slumped in the chair, shrugging the shoulders.

Watch your non-verbal signals - do not look at your watch and do not yawn.

Your face should nor show disapproval when he talks about disemboweling his victim. he may not go on to mention cooking or eating body parts.

Forming a Bond with the Suspect

"Before we start, I need to get some ID information" and I have a form to fill in, but its my form, not a government form. His guard is down, and the interview has started. The nine questions that appear to be routine preliminary questions, provide an opportunity to establish a bond with the suspect. The nine questions in a vital interview may lead to other related questions that may take up to an hour or longer.

1 - Name. Ask him to tell you his full name. You may be the first to pronounce his name correctly.
2 - Nickname. Reason for nickname if not obvious.
3 - Place of birth.
4 - Date of birth.
5 - Home address.
6 - Occupation. How long - Other kinds of jobs.
7 - Marital status, children.
8 - What kind of car do you drive?
9 - Do you have any questions. If he asks too many questions I tell him to knock it off.

Interviewing Techniques

Above all, do not interrupt his account of what happened at the time of the crime.
Ask one question at a time.
Make sure that your question has been answered.
Avoid ambiguous questions.
Rephrase questions.
Ask both specific and general questions.
Try indirect questions.
Avoid questions that can be answered yes or no.
Avoid leading questions.
Be thorough in your questioning.

Knowing What to Look For

If you don't think of something -
You won't look for it -
And you won't find it.

Look for the usual MO of the crime and features of the likely criminal profile. For example, if a robber pistol-whips a cooperative victim, check to see if he has a sadistic personality.

Do Not Upset Him

At least not until you decide to confront him.
Avoid harsh words such as armed robbery, aggravated assault, rape and murder.

Flatter His Ego

Compliment him on his skills, even skills in his chosen, unlawful profession. For example, his knowledge of security measures in banks and jewelry stores as well as the local availability of reliable fences. If he is an expert in a more civilized area, ask him to share some of his expertise. Subtle flattery should be the rule.

Ask About Possible Excuses

Provocation by the victim
Recent stresses in life, emotional problems
Childhood abuse
Physical or mental handicaps
Other Excuses for the crime.

Recognizing Deception

Brief answers.
Excessively detailed answers.
Repeating the question.
Rephrasing the question.
Hesitation in answering.
Memory problems.
Qualified answers.
References to honesty and religion.
Softening terms of violence.
Speaking in the third person.
Over-politeness or irritability, short lived anger.
Above all, watch out for things that don't make sense.
Do not place too much value on inconsistencies.

The Value of Surprise

Catch the suspect, and your partner, by surprise.

Be prepared to take advantage of a situation that takes both you and the suspect by surprise.

You have to think quicker than he does at all times.

Confrontation

Delay confrontation unless immediate massive confrontation has been planned. Collect a number of examples of contradictions in his statements to you or to others and go over them carefully, one by one. Initially they will dream up explanations faster than you could ever do so, but when they become fatigued, often they will acknowledge that you have them cold.

After You Have Decided to Quit...

Continue for another ten minutes.

Macdonald, J.M. and Michaud, D.L.: Criminal Interrogation 1992, Apache Press.