- Email: [email protected]
Interviewing and Statements
C H A P T E R
24 Interviewing and Statements Dennis Shepp O U T L I N E Introduction
275
Concluding the Interview
280
What Is Interviewing?
275
Emerging Trends
280
The Power of Communication
276
Conclusion
280
The Interview Process
278
References
280
Deception
279
Resources
281
It is the investigator’s duty to conduct interviews and obtain statements. However, the protection officer will often be in a situation where persons will speak to him/her and reveal information that is important to the incident or crime. While performing duties to protect the scene, the officer will interact with the victim, suspect, and potential witnesses. It is therefore important that a protection officer understands the importance of statements, whether written or verbal, and how to properly conduct oneself when engaged in an interview while obtaining information or a statement.
CHAPTER OBJECTIVES • Explain the process of interviewing witnesses, victims, and suspects • Provide examples of verbal and nonverbal behavior • List six recommendations for establishing rapport as a listener • List five steps for conducting a successful interview
INTRODUCTION When an incident or crime occurs, the responding protection officer is expected to protect the scene until investigators arrive to take over the investigation. The investigator can be from law enforcement or from the organization interested in the incident. The Professional Protection Officer https://doi.org/10.1016/B978-0-12-817748-8.00024-9
WHAT IS INTERVIEWING? Interviews are part of the investigative process. An investigation is a systematic and thorough examination or inquiry into something or someone that involves the collection of facts
275
# 2020 Elsevier Inc. All rights reserved.
276
24. INTERVIEWING AND STATEMENTS
and information and the recording of that examination in a report (ASIS International, 2006). Investigations can involve the police or private security regarding administrative incidents (policy and/or procedural infractions) and/or criminal matters. (Investigations are examined in more detail in Chapter 31.) Interviews will review information that will often be vital to the investigation of an incident or crime. The most effective tool for gathering information about an incident is interviewing people (ASIS International, 2006). Therefore, any information gained from an interview, typically in the form of statements, will be considered evidence. This may form a type of evidence known as testimonial evidence or, if involving a written statement, documented evidence. The detailed explanation of types of evidence is not important at this stage; what is important for the protection officer is to understand that interviewing someone, even if it appears casual and unofficial, will produce a statement, either verbal or written, and this statement could become important evidence. That is why it is important to understand the procedures that should be followed when interviewing someone and obtaining their statement. What is the difference between an interview and an interrogation? Typically, interviews involve witnesses or victims and an interrogation is an interview of a suspect. The goal of an interrogation is not only to seek the facts of what happened but also obtain a confession. It is not likely that a protection officer will be required to conduct an interrogation as part of their duties and only trained investigators skilled in the techniques of interviewing should conduct interrogations. Trained interviewers and interrogators spend years learning and practicing to become skilled in this art and science. Understanding people is another important aspect of interviews and statements. Many studies have been conducted on human behavior and crime. Investigators have learned from the research about how to effectively interact
with individuals to facilitate useful communications which in turn can produce valuable information for the investigation. The protection officer can also benefit from understanding human behavior.
THE POWER OF COMMUNICATION Interviewing someone involves communication in two ways: 1. Verbal communication 2. Nonverbal communication Verbal communication is the most commonly understood form of interview and statement. The interviewer speaks and the interviewee responds, or vice versa. This seems simple; however, in many situations the interviewer seeks to obtain information from people who are reluctant to speak or cooperate. This is where some insight into human behavior and psychology helps the interviewer. Research has shown that people form their basic impressions of one another during the first few minutes of an interview (Quinn & Zunin, 1972). Therefore, it is very important for the interviewer to always think about how they are presenting themselves to the other person. If the officer does not initially conduct himself or herself in a professional manner, this may create a negative relationship with the interviewee. A negative mood will be counterproductive in an interview. The interviewer needs to be an active listener or someone who the interviewee would want to talk with. To do this, the interviewer needs to develop rapport or a relationship with the interviewee. This means the interviewer will attempt to establish a bond between them that is a connection in which the interviewee perceives the interviewer to be a caring, impartial, and concerned individual. Here are some recommendations: 1. Be empathetic—show the person you understand and care about how they feel. This helps the interviewee accept and feel
II. PRACTICAL AND OPERATIONAL APPLICATIONS
THE POWER OF COMMUNICATION
2.
3.
4.
5.
6.
comfortable with you and will facilitate open and honest communication. Eliminate your prejudices—try to detach yourself from any personal prejudices or bias you may have against the interviewees: • Actions—detach yourself from what the accused may have done, no matter how bad it was. • Race—do not discriminate against the person based on race or ancestry. • History—show the person that you are not prejudging based on past history. Try to be nonjudgmental and do not place immediate blame. Be patient—show the person you can wait to listen and understand their story of what happened and why. Showing patience is a sign of a very good listener, and is a sign to the interviewee of tolerance, acceptance, and understanding. Reflect feedback—repeat back to the interviewee statements, facts, and comments they have related. The interviewer acts like a “mirror,” reflecting back to the interviewee their words, feelings, and attitudes, showing to them you are listening and care about what they say (Nirenberg, 1988). Do not interrupt—it is rude to interrupt, just like in any communication or conversation, so do not interrupt the interviewee when they are relating their story to you. Allow them to finish what they are saying. Concentrate—interviewing someone requires complete concentration on what they are saying and how they are saying it. Concentration can best be equated to playing a game of chess—the interviewer not only needs to concentrate on what is currently being said, but also must think ahead to anticipate what the interviewee might (or should) say.
Why would concentration be important and matter when the interviewee is telling the story and relating the facts as they know it? This is because the interviewee will sometimes not tell the truth and will attempt to deceive the
277
interviewer, for a variety of reasons. This is why the interviewer needs to concentrate on what is said and follow the story and attempt to detect deception. Detecting deception is explained in more detail later. Nonverbal communication is a type of communication between persons that involves written statements (discussed later) and bodily movements which are considered a form of communication. This is important for an interviewer to understand because how people (this includes the interviewer too) project themselves can reveal significant information about their state of mind. For example, when an interviewee shows by their nervous voice tone, shaking hands, and darting eyes that they are anxious and afraid, this should be recognized by the interviewer and an attempt made to try to calm the interviewee and make them feel more relaxed. This helps toward developing rapport between the interviewer and the interviewee. Additionally, changes in behavior and body movements can indicate stress. Stress is an important indicator for an interviewer. This can be the stress of the interview itself or from a specific and directed question such as “Did you take the money?” A guilty person may show signs of “fight or flight syndrome.” Fight or flight is an instinctual phenomenon, based on when humans relied on this instinct to help them either run from danger (flight) or face it (fight). It actually is a manifestation of bodily reactions to stress that humans will experience even nowadays when confronted with stress. Asking a question that may compel the interviewee to lie will often cause this type of stress. A well-trained interviewer can act as a human polygraph (lie detector) when someone attempts to deceive by telling a lie or not revealing information. Many of these telltale signals come from nonverbal and verbal responses to stress and are evident in clusters of observed body movements and reactions. As mentioned, it can take many years of training and experience for a skilled interviewer to recognize these signals of deception and further specialized training is
II. PRACTICAL AND OPERATIONAL APPLICATIONS
278
24. INTERVIEWING AND STATEMENTS
recommended before anyone attempts to seek or analyze verbal and nonverbal behavior in an interview. Nonetheless, here are some examples of verbal and nonverbal behavior when subjected to stress: 1. Changes in voice and speech patterns, such as changes in the types of words used. 2. Changes in the rate and volume of speech (louder, softer, faster, or slower). Tension will often cause speech to become more rapid and stammered, sometimes two to three times the normal speed. 3. Burst of anger (threats to sue you, complaints of how the interviewee has been handled, comments about your incompetence). 4. Pausing, stalling, or delaying tactics (the interviewee suddenly needs to leave for an appointment, long pauses to try to think of an answer, changing the topic in an attempt to delay the interview, suddenly wants a lawyer). 5. Nervous or false laughter (this is a form of energy release when someone is under stress). 6. Sudden shifts in body movement not previously displayed by the interviewee during the interview (e.g., shifting body position, pacing, jumping out of chair, waving hands and arms, shaking, kicking legs and feet, coughing, and yawning). These are also forms of energy release when someone is feeling stressed. It is vital for the protection officer to understand that nonverbal indicators need to be analyzed by a trained investigator and interviewer. It is important to understand as a protection officer (interviewer) you will outwardly display your feelings by how you present yourself. Therefore, be careful and aware about how you may appear to the interviewee.
THE INTERVIEW PROCESS Here are some steps to consider when preparing to conduct an interview:
1. Prepare yourself, physically and mentally. • Examine your appearance—how do you look to the interviewee? Are you professional in appearance? Are you showing the right attitude to conduct the interview? • Are you mentally prepared? Can you focus on the interview? Do you appear confident and prepared? 2. If possible, try to use a suitable location for the interview. • There can be many distractions when interviewing someone, especially if the interview occurs at the scene of the incident. • Try to find a quiet and private place to conduct the interview, away from potential distractions. • Avoid interviewing anyone in the presence of other witnesses—their testimony or account of observations can be tainted if they listen to another witness’s account. 3. Ask open-ended questions. • Avoid closed-ended questions that will typically require a simple “yes” or “no” response. • Open-ended questions are the type that prompt longer answers and compel the interviewee to provide a narrative response. For example: – “Please tell me everything that happened.” – “In detail, can you please explain what occurred here today?” – “Please describe everything you saw regarding what happened here.” 4. Record the interview. • The most common method is to write detailed notes of what the person says. • If possible, and the local legal system permits, record audio or video of the interview—this is the best method of maintaining an accurate account of what exactly is stated.
II. PRACTICAL AND OPERATIONAL APPLICATIONS
279
DECEPTION
• When taking a statement, the best method is to obtain a “pure version” statement. • Pure version statements allow the interviewee to provide their version of an account in a narrative format without any prompting from the interviewer other than a request, similar to: “Please write in detail everything that happened from the time you left your house to the time the police arrived at the scene.” • If the person responds with “What exactly do you want me to say?” the protection officer’s response should be “Please explain in as much detail as possible everything that happened from the time you left your house to the time the police arrived at the scene.” • The pure version statement remains the best method to obtain the interviewee’s account of what happened. This statement becomes the basis for further questions that can be asked by the investigator to complete a detailed account of what occurred. • Be careful what questions you ask. It is part of the psychology of interviewing that an interviewer needs to consider the questions they ask an interviewee—the famed investigator, Avinoam Sapir, who discovered through his extensive research the process known as “Statement Analysis,” has aptly said: “Specific questions are not designed to obtain information. Specific questions are designed to detect deception. The most serious disadvantage of questions is that one can ask only about what is already known. What is not known would not be explored and therefore would remain unknown.” It is also from an interviewer’s questions that an interviewee can learn how much the interviewer already knows (or doesn’t know) about the incident. 5. Remember the elements for useful statements (Sennewald & Tsukayama, 2006):
• Identify who wrote the statement (interviewee’s name and identification information). • Date, time, and location of the interview. • Indicate if the statement is voluntary. • Signed by the interviewee. Other guidelines for written statements (Sennewald & Tsukayama, 2006): 1. Use lined paper and write margin to margin. 2. The text should flow into additional pages (if necessary). 3. If corrections are required, draw a line through the sentence or word and sign your initials on the change. 4. Sign your initials next to the last word on a page and where the page number is written: (e.g., “Page 1 of 3” INITIALS). 5. Ensure the interviewee understands what is written (if the statement is written for them)—have the interviewee read back what is written. 6. Include a sentence acknowledging the statement is voluntary, without the influence of drugs or alcohol, and is the account of the interviewee.
DECEPTION There may be times where the interviewee may provide inaccurate information or may try to deceive the interviewer. Deception can take additional forms other than what some may immediately think is a lie or untruthful statement. Sometimes deception is avoiding facts that are known by the interviewee or changing the account of how something happened. It is not only a suspect who may try to deceive; witnesses and victims may often avoid facts for various reasons. Detecting deception from an interviewee and knowing how to react properly while continuing the interview requires an investigator’s skill. These skills will develop from training and experience. This is where the interviewer becomes a “human polygraph” and is able to react in an
II. PRACTICAL AND OPERATIONAL APPLICATIONS
280
24. INTERVIEWING AND STATEMENTS
appropriate manner. The best practice for the protection officer facing a deceptive interviewee is to make detailed notes of the statements made by the person and have them commit to the statement in writing and under their signature. This written statement can be used quite effectively by a skilled investigator during a subsequent interview.
CONCLUDING THE INTERVIEW When the protection officer concludes the interview he or she should make detailed notes of the following: 1. Name of the interviewee 2. Contact details (residence and employment): • Telephone numbers (mobile, work, residence, other) • E-mail addresses (work, residence, other) • Addresses (work, residence, other) 3. Identification (date of birth, ID number, passport, etc.) 4. A brief account of the interviewee’s involvement in the incident (witness, victim, suspect, or person of interest) The protection officer should continue with a professional demeanor when dealing with witnesses, victims, and persons of interest. Notwithstanding the fact that an interviewee may have confessed to a crime or committing a breach of organizational policy, he/she should still be treated with respect and dignity. This behavior will benefit the officer in the long term.
EMERGING TRENDS Although the process of interviewing has been around for centuries, the methods have and will continue to evolve considerably. Statement analysis is a relatively new science as applied to investigations, but it illustrates that the process of investigative interviews will constantly evolve and improve.
What seems most interesting are the improvements mainly involving learning more about linguistics and human psychology and applying refined or new techniques to better interpret communications. Humankind has not been investing in new gadgets or technology to do this; rather, it has been improving traditional methods such as verbal interviews, nonverbal kinetics, and written statements. We will continue to learn more about human behavior and how to apply our understanding toward seeking truth from communications. Technology will also improve and will likely provide more tools to investigators in their pursuit of the facts.
CONCLUSION The protection officer will undoubtedly become involved in an incident where he or she will be required to conduct an interview. It is highly recommended that further training be obtained from recognized training organizations such as John E. Reid & Associates Inc., Laboratory for Scientific Investigation, and other internationally recognized groups. Proper training in the knowledge and skills needed to manage effective interviews is essential. Any time the protection officer is faced with a situation in which the interview may require these skills, the officer should seek assistance from a professional investigator qualified to conduct interviews.
References ASIS International. (2006). Protection of assets manual. Chapter 1, Part 1 (p. 8). Alexandria, VA. Nirenberg, J. (1988). Getting through to people. Englewood Cliffs, NJ: Prentice Hall. Quinn, L., & Zunin, N. (1972). Contact: The first four minutes. New York, NY: Ballantine Books, Inc. Sennewald, C., & Tsukayama, J. (2006). The process of investigation: Concepts and strategies for investigations in the workplace (3rd ed.). Elsevier/Butterworth-Heinemann.
II. PRACTICAL AND OPERATIONAL APPLICATIONS
RESOURCES
Resources Gordon, N. J., & Fleisher, W. L. (2006). Effective interviewing: Interrogation techniques (2nd ed.). Academic Press. Reid technique: Interviewing and interrogation. (2005). 2-CD-ROM Training Collection, http://www.reid.com/ store2/detail.html?sku5cd-rtiivs/.
281
Yeschke, C. (2014). The art of investigative interviewing (3rd ed.). Butterworth-Heinemann. Zulawski, D. E., & Wicklander, D. E. (2002). Practical aspects of interviewing and interrogation (2nd ed.). CRC Press.
II. PRACTICAL AND OPERATIONAL APPLICATIONS
24 Interviewing and Statements Dennis Shepp O U T L I N E Introduction
275
Concluding the Interview
280
What Is Interviewing?
275
Emerging Trends
280
The Power of Communication
276
Conclusion
280
The Interview Process
278
References
280
Deception
279
Resources
281
It is the investigator’s duty to conduct interviews and obtain statements. However, the protection officer will often be in a situation where persons will speak to him/her and reveal information that is important to the incident or crime. While performing duties to protect the scene, the officer will interact with the victim, suspect, and potential witnesses. It is therefore important that a protection officer understands the importance of statements, whether written or verbal, and how to properly conduct oneself when engaged in an interview while obtaining information or a statement.
CHAPTER OBJECTIVES • Explain the process of interviewing witnesses, victims, and suspects • Provide examples of verbal and nonverbal behavior • List six recommendations for establishing rapport as a listener • List five steps for conducting a successful interview
INTRODUCTION When an incident or crime occurs, the responding protection officer is expected to protect the scene until investigators arrive to take over the investigation. The investigator can be from law enforcement or from the organization interested in the incident. The Professional Protection Officer https://doi.org/10.1016/B978-0-12-817748-8.00024-9
WHAT IS INTERVIEWING? Interviews are part of the investigative process. An investigation is a systematic and thorough examination or inquiry into something or someone that involves the collection of facts
275
# 2020 Elsevier Inc. All rights reserved.
276
24. INTERVIEWING AND STATEMENTS
and information and the recording of that examination in a report (ASIS International, 2006). Investigations can involve the police or private security regarding administrative incidents (policy and/or procedural infractions) and/or criminal matters. (Investigations are examined in more detail in Chapter 31.) Interviews will review information that will often be vital to the investigation of an incident or crime. The most effective tool for gathering information about an incident is interviewing people (ASIS International, 2006). Therefore, any information gained from an interview, typically in the form of statements, will be considered evidence. This may form a type of evidence known as testimonial evidence or, if involving a written statement, documented evidence. The detailed explanation of types of evidence is not important at this stage; what is important for the protection officer is to understand that interviewing someone, even if it appears casual and unofficial, will produce a statement, either verbal or written, and this statement could become important evidence. That is why it is important to understand the procedures that should be followed when interviewing someone and obtaining their statement. What is the difference between an interview and an interrogation? Typically, interviews involve witnesses or victims and an interrogation is an interview of a suspect. The goal of an interrogation is not only to seek the facts of what happened but also obtain a confession. It is not likely that a protection officer will be required to conduct an interrogation as part of their duties and only trained investigators skilled in the techniques of interviewing should conduct interrogations. Trained interviewers and interrogators spend years learning and practicing to become skilled in this art and science. Understanding people is another important aspect of interviews and statements. Many studies have been conducted on human behavior and crime. Investigators have learned from the research about how to effectively interact
with individuals to facilitate useful communications which in turn can produce valuable information for the investigation. The protection officer can also benefit from understanding human behavior.
THE POWER OF COMMUNICATION Interviewing someone involves communication in two ways: 1. Verbal communication 2. Nonverbal communication Verbal communication is the most commonly understood form of interview and statement. The interviewer speaks and the interviewee responds, or vice versa. This seems simple; however, in many situations the interviewer seeks to obtain information from people who are reluctant to speak or cooperate. This is where some insight into human behavior and psychology helps the interviewer. Research has shown that people form their basic impressions of one another during the first few minutes of an interview (Quinn & Zunin, 1972). Therefore, it is very important for the interviewer to always think about how they are presenting themselves to the other person. If the officer does not initially conduct himself or herself in a professional manner, this may create a negative relationship with the interviewee. A negative mood will be counterproductive in an interview. The interviewer needs to be an active listener or someone who the interviewee would want to talk with. To do this, the interviewer needs to develop rapport or a relationship with the interviewee. This means the interviewer will attempt to establish a bond between them that is a connection in which the interviewee perceives the interviewer to be a caring, impartial, and concerned individual. Here are some recommendations: 1. Be empathetic—show the person you understand and care about how they feel. This helps the interviewee accept and feel
II. PRACTICAL AND OPERATIONAL APPLICATIONS
THE POWER OF COMMUNICATION
2.
3.
4.
5.
6.
comfortable with you and will facilitate open and honest communication. Eliminate your prejudices—try to detach yourself from any personal prejudices or bias you may have against the interviewees: • Actions—detach yourself from what the accused may have done, no matter how bad it was. • Race—do not discriminate against the person based on race or ancestry. • History—show the person that you are not prejudging based on past history. Try to be nonjudgmental and do not place immediate blame. Be patient—show the person you can wait to listen and understand their story of what happened and why. Showing patience is a sign of a very good listener, and is a sign to the interviewee of tolerance, acceptance, and understanding. Reflect feedback—repeat back to the interviewee statements, facts, and comments they have related. The interviewer acts like a “mirror,” reflecting back to the interviewee their words, feelings, and attitudes, showing to them you are listening and care about what they say (Nirenberg, 1988). Do not interrupt—it is rude to interrupt, just like in any communication or conversation, so do not interrupt the interviewee when they are relating their story to you. Allow them to finish what they are saying. Concentrate—interviewing someone requires complete concentration on what they are saying and how they are saying it. Concentration can best be equated to playing a game of chess—the interviewer not only needs to concentrate on what is currently being said, but also must think ahead to anticipate what the interviewee might (or should) say.
Why would concentration be important and matter when the interviewee is telling the story and relating the facts as they know it? This is because the interviewee will sometimes not tell the truth and will attempt to deceive the
277
interviewer, for a variety of reasons. This is why the interviewer needs to concentrate on what is said and follow the story and attempt to detect deception. Detecting deception is explained in more detail later. Nonverbal communication is a type of communication between persons that involves written statements (discussed later) and bodily movements which are considered a form of communication. This is important for an interviewer to understand because how people (this includes the interviewer too) project themselves can reveal significant information about their state of mind. For example, when an interviewee shows by their nervous voice tone, shaking hands, and darting eyes that they are anxious and afraid, this should be recognized by the interviewer and an attempt made to try to calm the interviewee and make them feel more relaxed. This helps toward developing rapport between the interviewer and the interviewee. Additionally, changes in behavior and body movements can indicate stress. Stress is an important indicator for an interviewer. This can be the stress of the interview itself or from a specific and directed question such as “Did you take the money?” A guilty person may show signs of “fight or flight syndrome.” Fight or flight is an instinctual phenomenon, based on when humans relied on this instinct to help them either run from danger (flight) or face it (fight). It actually is a manifestation of bodily reactions to stress that humans will experience even nowadays when confronted with stress. Asking a question that may compel the interviewee to lie will often cause this type of stress. A well-trained interviewer can act as a human polygraph (lie detector) when someone attempts to deceive by telling a lie or not revealing information. Many of these telltale signals come from nonverbal and verbal responses to stress and are evident in clusters of observed body movements and reactions. As mentioned, it can take many years of training and experience for a skilled interviewer to recognize these signals of deception and further specialized training is
II. PRACTICAL AND OPERATIONAL APPLICATIONS
278
24. INTERVIEWING AND STATEMENTS
recommended before anyone attempts to seek or analyze verbal and nonverbal behavior in an interview. Nonetheless, here are some examples of verbal and nonverbal behavior when subjected to stress: 1. Changes in voice and speech patterns, such as changes in the types of words used. 2. Changes in the rate and volume of speech (louder, softer, faster, or slower). Tension will often cause speech to become more rapid and stammered, sometimes two to three times the normal speed. 3. Burst of anger (threats to sue you, complaints of how the interviewee has been handled, comments about your incompetence). 4. Pausing, stalling, or delaying tactics (the interviewee suddenly needs to leave for an appointment, long pauses to try to think of an answer, changing the topic in an attempt to delay the interview, suddenly wants a lawyer). 5. Nervous or false laughter (this is a form of energy release when someone is under stress). 6. Sudden shifts in body movement not previously displayed by the interviewee during the interview (e.g., shifting body position, pacing, jumping out of chair, waving hands and arms, shaking, kicking legs and feet, coughing, and yawning). These are also forms of energy release when someone is feeling stressed. It is vital for the protection officer to understand that nonverbal indicators need to be analyzed by a trained investigator and interviewer. It is important to understand as a protection officer (interviewer) you will outwardly display your feelings by how you present yourself. Therefore, be careful and aware about how you may appear to the interviewee.
THE INTERVIEW PROCESS Here are some steps to consider when preparing to conduct an interview:
1. Prepare yourself, physically and mentally. • Examine your appearance—how do you look to the interviewee? Are you professional in appearance? Are you showing the right attitude to conduct the interview? • Are you mentally prepared? Can you focus on the interview? Do you appear confident and prepared? 2. If possible, try to use a suitable location for the interview. • There can be many distractions when interviewing someone, especially if the interview occurs at the scene of the incident. • Try to find a quiet and private place to conduct the interview, away from potential distractions. • Avoid interviewing anyone in the presence of other witnesses—their testimony or account of observations can be tainted if they listen to another witness’s account. 3. Ask open-ended questions. • Avoid closed-ended questions that will typically require a simple “yes” or “no” response. • Open-ended questions are the type that prompt longer answers and compel the interviewee to provide a narrative response. For example: – “Please tell me everything that happened.” – “In detail, can you please explain what occurred here today?” – “Please describe everything you saw regarding what happened here.” 4. Record the interview. • The most common method is to write detailed notes of what the person says. • If possible, and the local legal system permits, record audio or video of the interview—this is the best method of maintaining an accurate account of what exactly is stated.
II. PRACTICAL AND OPERATIONAL APPLICATIONS
279
DECEPTION
• When taking a statement, the best method is to obtain a “pure version” statement. • Pure version statements allow the interviewee to provide their version of an account in a narrative format without any prompting from the interviewer other than a request, similar to: “Please write in detail everything that happened from the time you left your house to the time the police arrived at the scene.” • If the person responds with “What exactly do you want me to say?” the protection officer’s response should be “Please explain in as much detail as possible everything that happened from the time you left your house to the time the police arrived at the scene.” • The pure version statement remains the best method to obtain the interviewee’s account of what happened. This statement becomes the basis for further questions that can be asked by the investigator to complete a detailed account of what occurred. • Be careful what questions you ask. It is part of the psychology of interviewing that an interviewer needs to consider the questions they ask an interviewee—the famed investigator, Avinoam Sapir, who discovered through his extensive research the process known as “Statement Analysis,” has aptly said: “Specific questions are not designed to obtain information. Specific questions are designed to detect deception. The most serious disadvantage of questions is that one can ask only about what is already known. What is not known would not be explored and therefore would remain unknown.” It is also from an interviewer’s questions that an interviewee can learn how much the interviewer already knows (or doesn’t know) about the incident. 5. Remember the elements for useful statements (Sennewald & Tsukayama, 2006):
• Identify who wrote the statement (interviewee’s name and identification information). • Date, time, and location of the interview. • Indicate if the statement is voluntary. • Signed by the interviewee. Other guidelines for written statements (Sennewald & Tsukayama, 2006): 1. Use lined paper and write margin to margin. 2. The text should flow into additional pages (if necessary). 3. If corrections are required, draw a line through the sentence or word and sign your initials on the change. 4. Sign your initials next to the last word on a page and where the page number is written: (e.g., “Page 1 of 3” INITIALS). 5. Ensure the interviewee understands what is written (if the statement is written for them)—have the interviewee read back what is written. 6. Include a sentence acknowledging the statement is voluntary, without the influence of drugs or alcohol, and is the account of the interviewee.
DECEPTION There may be times where the interviewee may provide inaccurate information or may try to deceive the interviewer. Deception can take additional forms other than what some may immediately think is a lie or untruthful statement. Sometimes deception is avoiding facts that are known by the interviewee or changing the account of how something happened. It is not only a suspect who may try to deceive; witnesses and victims may often avoid facts for various reasons. Detecting deception from an interviewee and knowing how to react properly while continuing the interview requires an investigator’s skill. These skills will develop from training and experience. This is where the interviewer becomes a “human polygraph” and is able to react in an
II. PRACTICAL AND OPERATIONAL APPLICATIONS
280
24. INTERVIEWING AND STATEMENTS
appropriate manner. The best practice for the protection officer facing a deceptive interviewee is to make detailed notes of the statements made by the person and have them commit to the statement in writing and under their signature. This written statement can be used quite effectively by a skilled investigator during a subsequent interview.
CONCLUDING THE INTERVIEW When the protection officer concludes the interview he or she should make detailed notes of the following: 1. Name of the interviewee 2. Contact details (residence and employment): • Telephone numbers (mobile, work, residence, other) • E-mail addresses (work, residence, other) • Addresses (work, residence, other) 3. Identification (date of birth, ID number, passport, etc.) 4. A brief account of the interviewee’s involvement in the incident (witness, victim, suspect, or person of interest) The protection officer should continue with a professional demeanor when dealing with witnesses, victims, and persons of interest. Notwithstanding the fact that an interviewee may have confessed to a crime or committing a breach of organizational policy, he/she should still be treated with respect and dignity. This behavior will benefit the officer in the long term.
EMERGING TRENDS Although the process of interviewing has been around for centuries, the methods have and will continue to evolve considerably. Statement analysis is a relatively new science as applied to investigations, but it illustrates that the process of investigative interviews will constantly evolve and improve.
What seems most interesting are the improvements mainly involving learning more about linguistics and human psychology and applying refined or new techniques to better interpret communications. Humankind has not been investing in new gadgets or technology to do this; rather, it has been improving traditional methods such as verbal interviews, nonverbal kinetics, and written statements. We will continue to learn more about human behavior and how to apply our understanding toward seeking truth from communications. Technology will also improve and will likely provide more tools to investigators in their pursuit of the facts.
CONCLUSION The protection officer will undoubtedly become involved in an incident where he or she will be required to conduct an interview. It is highly recommended that further training be obtained from recognized training organizations such as John E. Reid & Associates Inc., Laboratory for Scientific Investigation, and other internationally recognized groups. Proper training in the knowledge and skills needed to manage effective interviews is essential. Any time the protection officer is faced with a situation in which the interview may require these skills, the officer should seek assistance from a professional investigator qualified to conduct interviews.
References ASIS International. (2006). Protection of assets manual. Chapter 1, Part 1 (p. 8). Alexandria, VA. Nirenberg, J. (1988). Getting through to people. Englewood Cliffs, NJ: Prentice Hall. Quinn, L., & Zunin, N. (1972). Contact: The first four minutes. New York, NY: Ballantine Books, Inc. Sennewald, C., & Tsukayama, J. (2006). The process of investigation: Concepts and strategies for investigations in the workplace (3rd ed.). Elsevier/Butterworth-Heinemann.
II. PRACTICAL AND OPERATIONAL APPLICATIONS
RESOURCES
Resources Gordon, N. J., & Fleisher, W. L. (2006). Effective interviewing: Interrogation techniques (2nd ed.). Academic Press. Reid technique: Interviewing and interrogation. (2005). 2-CD-ROM Training Collection, http://www.reid.com/ store2/detail.html?sku5cd-rtiivs/.
281
Yeschke, C. (2014). The art of investigative interviewing (3rd ed.). Butterworth-Heinemann. Zulawski, D. E., & Wicklander, D. E. (2002). Practical aspects of interviewing and interrogation (2nd ed.). CRC Press.
II. PRACTICAL AND OPERATIONAL APPLICATIONS