1st Edition
Investigative Interviewing Adopting a Forensic Mindset
Investigative Interviewing: Adopting a Forensic Mindset is a straight-forward, practical textbook outlining proper interview planning and techniques, detailing all relevant case law concerning confessions.
Being a forensic professional infers that investigator apply the highest standards in collecting, analyzing, preserving, and presenting evidence to a court of law or other tribunals. The author contends that the key to a proper forensic interviewing methodology is the elimination of the term "interrogation," and the confession-obtaining mindset it creates.
Forensic interviewers can achieve all interview objectives, including truthful confessions that stand up to the scrutiny of the courts and public opinion, by adhering to best-practice, ethical standards. What transpires during the interview must stand up to the scrutiny of the courts and public opinion. In this regard, due process, documenting the procedure, and practicing proven, effective techniques is paramount to getting to the truth—the ultimate goal of any investigation.
The book addresses important issues in the field such as false confessions, due to its criticality and frequent occurrences of this. Coverage also includes the desired qualities of an investigative interviewer and strategies to break down barriers and gain trust with reluctant, uncooperative, and hostile interviewees. Proper report writing, an underrated key to any interview and investigation, is addressed in detail. Lastly. the book provides training on best practice interview steps and strategies to lead the interviewee to the truth. Numerous case examples, and transcripts of real interviews, are provided illustrate real-world interviewing practices and concepts.
Features includes:
- Examines the human factor in the qualities of a good investigative interviewer such as understanding the offender and strategies to gain the interviewees trust
- Shares practical experience and best practices, noting traditional pitfalls and mistakes that can impede the truth and lead to false confessions
- Discusses legal considerations, case law, and the intent behind entering an interview situation with a forensic mindset, prioritizing due process and documenting procedure
- Presents a notable and extensive case study that includes six informative interviews denoting effective techniques in practice
- Provides pedagogical elements including chapter learning objectives and end of chapter review with discussion questions
Investigative Interviewing: Adopting a Forensic Mindset promotes legal and ethical investigative interviewing methods and is a welcome addition to the literature for use in forensic science and criminal justice curricula and programs.
Preface. About the Author. Part 1: Due Process, The Foundation of Investigative Interviewing. Chapter 1, Due Process and Case Law. Learning Objectives. Introduction. Fifth, Sixth, and Fourteenth Amendments. Miranda. Violations of Miranda. Custodial Questioning. Exceptions to Miranda. Miranda Application. Challenge to Miranda. Public Employee Due Process. Garrity Kalkines. Summary. Exercise 1.1, Multiple Choice and True and False. Exercise 1.2, Essay Topics. Chapter 2, Interviewing Union Employees. Learning Objectives. Introduction. Background. Weingarten. Weingarten Ruling Application. Non-Weingarten Situations. Union Employee’s Responsibility. Union Representative Rights and Role. Employer Prohibited Acts. Personal Application of Interviewing Union Employees. Summary. Exercise 2.1, Multiple Choice and True and False. Exercise 2.2, Essay Topics. Chapter 3, Confessions. Learning Objectives. Introduction. Confession Case Law. Confessions Must be Voluntary. Physical Pressure, Assault and Battery. Psychological Pressure. Deception. Case Law that Allows Deception. Deception that is Generally Allowed. Deception Not Allowed. Other Prohibited Tactics. Private Sector Confessions. Clear and Convincing Evidence. Investigative Interview instead of Interrogation. Summary. Exercise 3.1, Multiple Choice and True and False. Exercise 3.2, Essay Topics. Chapter 4, False Confessions. Learning Objectives. Introduction. False Confession Hazards. Juvenile Coerced and False Confession Hazards. Solutions. Standardized Training. Record all Critical Interviews. Peer, Supervisory, Legal Review. Investigate Confession Recants. Summary. Exercise 4.1, Multiple Choice and True and False. Exercise 4.2, Essay Topics. Part 2, The Human Factor. Chapter 5, Investigative Interviewer Desired Qualities. Learning Objectives. Introduction. Desired Qualities
- The Art of Human Interaction
- Be Passionate
- Be Positive
- Exercise Mental Agility
- Be Confident in Your Ability
- Live by a Code of Integrity
Be a Life-Long Learner. Summary. Exercise 5.1, Multiple Choice and True and False. Exercise 5.2, Essay Topics. Chapter 6, Understanding the Interviewees. Learning Objectives. Introduction. Interviewee Negative Attitudes. Interviewee Untruthfulness/Truthfulness .Summary. Exercise 6.1, Multiple Choice and True and False. Exercise 6.2, Essay Topics. Chapter 7, Understanding the Offender. Learning Objectives. Introduction. The Fraud Triangle. Pressure. Opportunity. Rationalization. The 10-10-80 Rule. What Causes an Offender to Confess? Summary. Exercise 7.1, Multiple Choice and True and False. Exercise 7.2, Essay Topics. Chapter 8, Breakdown in Internal Controls. Learning Objectives. Introduction. The Four Ps of Internal Control. Internal Controls Reviews and Audits. Why Employees do not Follow Internal Control. Summary. Exercise 8.1, Multiple Choice and True and False. Exercise 8.2, Essay Topics. Chapter 9, Breaking Down Barriers and Gaining Trust. Learning Objectives. Introduction. Building Rapport. Non-Verbal Communication. Proxemics. Kinesics or Body Language. Verbal Communication. Word Choices. Ask Open Questions. Feel, Felt, and Found. Paralinguistics. Summary. Exercise 9.1, Multiple Choice and True and False. Exercise 9.2, Essay Topics. Chapter 10, Evaluating Non-Verbal Response. Learning Objectives. Introduction. Kinesics-Body Language Anxiety Indicators. Eye Direction When Answering Questions. Paralinguistic Anxiety Indicators. Summary. Exercise 10.1, Multiple Choice and True and False. Exercise 10.2, Essay Topics. Part 3, The Interview. Chapter 11, Preparing for and Arranging the Interview. Learning Objectives. Introduction. Preparing for the Interview. Understand the Nature of the Offense. Evaluate Available Information. Classify the Interviewees. Develop an Interview Strategy. Interviewee Background. Preparing a KTOT. Organize the Interview Room. Arranging the Interview. Summary. Exercise 11.1, Multiple Choice and True and False. Exercise 11.2, Essay Topics. Chapter 12, Beginning the Interview. Learning Objectives. Introduction. Introductions and Preliminary Matters. Introductory Statements. Preliminary Questions. Biographical Information. Build Rapport. Establish Baseline Response Behavior. Opening Statements. Summary. Exercise 12.1, Multiple Choice and True and False. Exercise 12.2, Essay Topics. Chapter 13, Evaluating and Handling Denials. Learning Objectives. Introduction. Potential Suspect Denials. Suspect Denials. Weak Denials. Evaluating Non-Verbal Response with Verbal Denial. Retreating from the Accusation. Summary. Exercise 13.1, Multiple Choice and True and False. Exercise 13.2, Essay Topics. Chapter 14, Questions, Responses, Follow-Up. Learning Objectives. Introduction. Open Questions. Victim. Witness or Possible Witness. Whistleblower or Accuser. Resource Provider. Evaluating Responses to Open Questions. Follow-Up with Clarifying Questions. Direct Questions. Evaluating Responses to Direct Questions. Simple Evasive Response. Incomplete Evasive Response. Memory Qualified Response. Vague Evasive Response. Follow-Up to Deceptive Non-Verbal Response Behavior. Follow-Up Test Question. Attitude Assessment Questions. Summary. Exercise 14.1, Multiple Choice and True and False. Exercise 14.2, Essay Topics. Chapter 15, Leading the Interviewee to the Truth. Learning Objectives. Introduction. Non-Confrontational Approach. Persuading the Suspect to tell the Truth. Reveal Evidence. Appeal to Common Sense. Offer a Reason for the Offense. Relate Similar Behavior. Summary. Exercise 15.1, Multiple Choice and True and False. Exercise 15.2, Essay Topics. Chapter 16, End, Evaluate, Follow-up. Learning Objectives. Introduction. End the Interview. Evaluate the Interview. Follow-Up Interview. Summary. Exercise 16.1, Multiple Choice and True and False. Exercise 16.2, Essay Topics. Chapter 17, Writing a Report of Interview (ROI). Learning Objectives. Introduction. ROI Rules. Short Paragraphs. Proper Grammar, Punctuation, and Syntax. Use Active Voice. Minimal Use of Quotes. Proper Tense. Appropriate Verbs. Proper Pronouns. Identifying Individuals and Entities. ROI Organization. Preliminary and Peripheral Information. Summary. Exercise 17.1, Multiple Choice and True and False. Exercise 17.2, Essay Topics. Part 4, Case Study. A Basic Overview of Procurement Fraud. Glossary. Procurement Process. Common Fraud Hazards. Case Study-Part 1. Investigative Activity. AVP John Nelson Interview. Case Study-Part 1 Exercise. Case Study-Part 2. Preliminary Matters-Robert Lanier Interview. Robert Lanier Interview Transcript. Case Study-Part 2 Exercise. Case Study-Part 3. Investigative Activity. Relevant Nationwide Policies. Robert Lanier 2nd Interview. Review of FBN Bank Documents. Contact with Shelton, Taylor, and Freeman. Case Study-Part 3 Exercise. Case Study-Part 4. Preliminary Matters-Gary Shelton Interview. Gary Shelton Interview Transcript. Case Study-Part 4 Exercise. Case Study-Part 5. Preliminary Matters-Peter Taylor Interview. Peter Taylor Interview Transcript. Case Study-Part 5 Exercise. Case Study-Part 6. Preliminary Matters-Jeffrey Freeman Interview. Jeffrey Freeman Interview Transcript. Instructor’s Notes. Case Study-Part 6 Exercise. Case Resolution. Appendix AKTOT Example. Appendix B. Interview Example. Interview Transcript. Report of Interview.
Biography
John E. Grimes III, MS, CFI, CFE is an adjunct instructor at Stevenson University in Maryland. He developed and teaches the graduate-level course, Investigative Interviewing, in the Forensic Studies Program. He speaks at, and presents for, government and private entities. He retired in 2016 as the Chief Inspector with the Amtrak Office of Inspector General, having performed many in-house training sessions with Amtrak working there since 1993. In addition, he is a Certified Forensic Interviewer (CFI) and a Certified Fraud Examiner (CFE).
