by MAC-3
Your belief in yourself and your expectation of success should exist side by side before each interview, regardless of the investigative circumstances. Belief and expectation are an integral part of the investigator’s being, a basic part of his or her philosophical makeup. With experience, successful investigators become more and more aware of their influence on the outcome of investigations. Skill in using belief and expectation gradually builds over years of experience. A true test of that skill is in its application—that is, in how you subtly influence others to comply with your requests for information. There are two practical steps you can take toward acquiring this skill—one intellectual, the other practical:
●
Mental belief and expectation. Believe in yourself and your ability to verbally and nonverbally encourage others to provide truthful information. Believe that the interviewee is ready, willing, and able to share truthful information. Maintain a positive expectation of success.
Have faith in your abilities. With everything that you think, do, and say, demonstrate that you anticipate that the interviewee will cooperate.
●
Applied action. How you treat others greatly determines their response to you. Therefore, express an “I’m okay, you’re okay” attitude. Treat each interviewee as having value as a human being, regardless of the inquiry. People tend to live up to your expectations of them. If your tactics are positive, the interviewee will probably cooperate with your investigation; if negative, they will probably, to some degree, refuse to cooperate.
The Self-Fulfilling Prophecy 105
When applying the self-fulfilling prophecy during investigations, it is vital to understand the needs and meet the expectations of those you investigate. (See Chapter 2.) The self-fulfilling prophecy draws its power from the need of interview participants to be recognized as worthwhile individuals. It is fueled by people’s tendency to behave in ways consistent with their self-concept as well as with others’ expectations.
How can investigators demonstrate an accepting attitude when dealing with a particularly heinous crime like child molestation? It’s certainly not easy. My suggestion is to pretend that you are playing a role in the theater. Make your performance believable. Avoid being noticeably judgmental. Find some value in each interviewee, and don’t allow yourself to condemn the person outwardly. As repulsive as this may seem, assist the subject to rationalize his or her involvement in the crime. In a child molestation case, for example, the abuser may want to believe that the child seduced him or her. Go along with this; disguise your contempt. If he or she senses that you are not neutral, you may not obtain a confession or an admission. To uncover the truth, you may need to temporarily modify your methods or your thinking to obtain the necessary cooperation. That is, you may have to do or say things that you might normally find objectionable. This is tough to do, no doubt, but it is necessary if you are to be of the greatest service to your community.
Presenting Expectations Subtly
Present your positive expectations of the interviewee’s cooperation subtly. Don’t actually say, “I know you want to tell me . . .” Just treat interviewees as though they want to comply. In reality, interviewees often do not want to cooperate with an investigation—at least not at first and not to the extent that you expect. By acting on a false assumption, however—that each interviewee will want to cooperate—you turn your expectation into reality. You can persuade interview suspects to accept the idea of compliance even
106
The Art of Investigative Interviewing
though they had no such interest at first. Sell them on the idea in subtle, thought-provoking, legal ways.
Applying the Galatea Effect
The Galatea effect is a boost in personal performance that is based upon self-efficacy—the investigator’s judgment of his or her capabilities. This self-efficacy is based on belief, motivation, and performance, and in turn, influences the performance standard you select for yourself. Self-efficacy is not so much to do with the skills you have but your judgment of what you can do with your skills. Self-efficacy arises primarily from the effects of mastery, modeling, and persuasion. That is, self-efficacy is influenced by personal accomplishment, watching others succeed, and being persuaded by yourself and others that you can perform to high standards.
While self-confidence in one’s skills is built primarily upon having successfully used these skills in the past, you can also build your skills by watching the behavior of others who are successful and listening to their advice. At first, self-efficacy is task-specific and emanates from the individual’s belief that he or she can perform a particular task at a specific level of competence. An important variable in predicting success is an individual’s confidence that he or she can master new investigative situations (Gist 1987; Eden and Kinnar 1991). As your experience builds, self-efficacy emanates from your success marked by self-administered rewards. Rewards reinforce accomplishment.
If you expect to successfully conclude an investigation, and you then do, it’s a good idea to reward yourself in some way. Some reward such as buying yourself an ice cream cone will be a symbolic pat on the back for a job well done. Once established, self-efficacy applies to all investigative situations. Set your goals, observe others, expect positive outcomes, and self-monitor your performance (Gist 1987; Eden and Kinnar 1991).
The Self-Fulfilling Prophecy 107
REVIEW QUESTIONS
1. On what idea is the self-fulfilling prophecy based?
2. What is the impact of expectations on performance?
3. How does your attitude toward interviewees influence their behavior?
4. Compare the Galatea effect and the Pygmalion effect.
5. How can you convey your expectations?
6. What are the four elements of the self-fulfilling prophecy, and how does each relate to investigative interviewing?
7. How can you maintain an accepting attitude when investigating heinous crimes?
8. How can you demonstrate that you expect cooperation?
9. What influences the development of self-efficacy?
10. How can you gain greater confidence and proficiency as an investigator?
9
Overview of the
Interview Process
In this chapter, we will review the different stages of the interview process and learn how to apply some of the tactical concepts discussed earlier in this book. You are encouraged to use these tactics to think about interviewing in new ways. There is an inter-play among the stages, approaches, and intensity levels of the interview process, as the polyphasic flowchart (Figure 9.1) shows. These categories will take on more meaning as we proceed, but for now, allow the flowchart to serve as a road map for the interview process.
THE HISTORICAL PHASE
The historical phase of the interview process begins long before the investigator and interviewee ever meet. It covers all of the attitudes and beliefs that the participants bring to the interview.
These influences were learned, directly or indirectly, from our 109
110
The Art of Investigative Interviewing
INTERVIEWING
OR
INTERVIEWING
INTERROGATING
INTERROGATING
POLYGRAPHY
INITIAL
PHASE
PRIMARY PHASE
FOLLOW-UP PHASE
SRPE
J
K
TERMINAL PHASE
HISTORICAL PHASE
L
STEP THREE
STEP FOUR
STEP ONE
STEP TWO
H
I
45 SECONDS
G
CONTACT SECTION
E
F
PERSONAL PREPARATION PHASE
PRECONTACT SECTION
STRATEGY SECTION
C D
FIRST 10
B
M
&n
bsp; A
LEVEL 1 INTENSITY
LEVEL 3
LEVEL 4
LEVEL 2 INTENSITY
LEVEL 5 INTENSITY
gRmE
INTENSITY
INTENSITY
GRME
sRpE
SRPE
sRPE
STRUCTURED
SEMISTRUCTURED
NON-STRUCTURED
APPROACH
APPROACH
APPROACH
CONVERSATION
MODERATE
MODERATE OR INTIMATE
LOCATION
LOCATION
LOCATION
Figure 9.1
A polyphasic flowchart showing the stages of the investigative interview.
parents or caregivers in childhood and were picked up from other sources throughout life. Some of us carry a great deal of garbage in our intellectual and emotional “baggage,” including biases and prejudices that hamper our productivity and effectiveness.
Undoubtedly, our emotional baggage influences and shapes our behavior during the interview process. Don’t overlook or underestimate the importance of the historical phase. The more self-awareness you bring to the interview, the more effective you will be in the personal preparation phase.
THE PERSONAL PREPARATION PHASE
All adults have the opportunity to modify the biases and negative attitudes they learned while growing up. As investigators,
Overview of the Interview Process 111
we can take a close look at ourselves and change those things about us that have a negative impact on the process of communication. In our personal rebuilding, we can pilot our abilities to use the positive interview tactics suggested in this book. It is up to us to look in our emotional baggage and modify its contents if necessary. If we take the opportunity to discard much of the garbage, we will lead healthier lives. Through education, training, and experience, we can discard our biases and prejudices and become more proficient and effective investigators.
As we have seen, biases and prejudices lead to misguided observation, evaluation, and assessment, so professionals don’t knowingly bring them into their inquiries. They acknowledge that how they treat people is greatly influenced by their past, but nevertheless, they remain in control of their own behavior.
All investigators are not equally talented in how they handle human interactions, but all interviewers can be applied scientists, discriminating among variables and using systematic, purpose-ful investigative methods. Investigators demonstrate their professional adaptability through their willingness to modify their behavior in a never-ending learning process. Their ethical behavior reveals itself as competence and leadership. Figure 9.2 provides another road map of the interview process, one that illustrates the thoughts and emotions behind the different stages.
THE INITIAL PHASE
The fundamental purpose of the initial phase of the interview process is to consider detailed information regarding the incident under investigation, the people who might be involved, and the conditions under which the interviews will take place. The initial phase consists of three sections: precontact, strategic planning, and contact. The third section covers the first few critical minutes of each interview. We will discuss each section in turn.
112
The Art of Investigative Interviewing
Figure 9.2
Elements affecting human interaction in the investigative interview. The life experiences of both the investigator and the interviewee come into play during the interview.
Overview of the Interview Process
113
Precontact
During precontact (Figure 9.3), the interviewer becomes familiar with the available information about the matter under investigation and the various suspects and begins to formulate a flexible interview plan. This plan includes a clear picture of the objectives of the interview and a floating-point strategy.
The Floating-Point Strategy
Investigations are often based on probability and likelihood, and estimating the probability that a particular person committed the crime is the essence of the floating-point strategy (FPS). The FPS is a flexible problem-solving process that can be used in all inquiries. The investigator applies the FPS as soon as most of the elements of the investigative problem are known. The FPS
allows the investigator to reevaluate and, if necessary, modify his or her operating hypothesis as new evidence is uncovered.
Picture the problem-solving process as having numerous points at which you can reevaluate your progress and determine whether you are on the right track. Your strategy floats from point to point, never becoming fixed until you are reasonably sure of your assessment of the evidence.
Figure 9.3
The precontact section of the initial phase. This is the time when the investigator gathers information about both the matter under investigation and the suspects.
114
The Art of Investigative Interviewing
The Preliminary Inquiry
During the precontact section, the investigator collects evidence and reviews information collected from victims and witnesses.
The success of an investigation is often based on how thoroughly the investigator gathers this preliminary data. Specific details about the incident form the foundation to which the investigator will refer throughout the investigation. Clues about motivation may be found in the lifestyle, habits, hobbies, stressors, and needs of the suspects. Be careful when conducting the preliminary inquiry! The person who provides the preliminary information in an investigation may have a hidden agenda—a plan to deceive you and mislead you by providing false information. Look for the telltale signs of deception: inconsistencies, illogical details, information clouded by fear or anger. Watch for calculated attempts to obscure the facts.
Strategic Planning
Experienced investigators make interviewing look easier than it is. The novice interviewer may watch the casual performance of the experienced interviewer and incorrectly assume the relaxed prevailing emotional tone or attitude of the experienced interviewer indicates no important or noticeable research or planning.
In fact, strategic planning, the second section of the initial phase, is an important part of the interview process (Figure 9.4). During this section, the investigator evaluates potential interviewees, prepares an interview strategy based on what he or she has learned, and prepares psychologically for the interview.
Evaluating Potential Interviewees
Before conducting any interviews, the investigator evaluates each potential interviewee, based on information provided by those close to the investigation. The investigator then calculates the chances of gaining truthful testimonial evidence from that person.
Overview of the Interview Process
115
Figure 9.4 The strategic planning section of the initial phase. During this phase, the investigator considers all aspects of the planned interviews, including where they will be held and in what order the suspects will be interviewed.
This calculation is a subjective estimate—nothing more than thoughts about whether someone will be easy or hard to interview.
The investigator also considers how well he or she will get along with each interviewee and how cooperative that person will be. As you prepare for an investigation, you will probably need to evaluate potential interviewees sight unseen, based on the preliminary information you are given.
Creating an Interview Strategy
The goal of an investigative interview is to gain as much truthful information as possible. You want interviewees to tell you everything they know about the matter under investigation.
Interviewees have the power of information—information you need to conclude the investigation successfully. As discussed earlier, many factors determine whether interviewees decide to relinquish or hold on to this information. It is important, therefore, to plan an appropriate strategy for each interview. It is better to be overprep
ared than underprepared, especially when dealing with people who may try to deceive you (Quinn and Zunin 1972).
116
The Art of Investigative Interviewing
Interviewees are selected on the basis of their knowledge, opportunity, access, and motivation related to the matter under investigation. Planning for an interview might include conducting a background check of the interviewee. Having advance information about the interviewee allows the investigator to anticipate whether the person will cooperate and helps the investigator prepare an appropriate strategy for the interview.
Awareness of interviewees’ attitudes and feelings can help you mold yourself to meet their personalities and counter potential reluctance. Preparing for reluctance is vital, though you should always expect compliance. In most instances, though, the investigator has little or no specific knowledge about potential interviewees before beginning an investigation.
Before conducting an interview, plan how you will behave during the encounter. How will you speak, and how will you act?
How will you show energy, strength, and concentration? To what extent will you review details with the interviewee? Will your review of details help the interviewee remember additional information? How will you encourage the interviewee to be truthful?
If your encouragement is inspired with courage, spirit, and confidence, you will probably gain pertinent and helpful information.
Preparing Psychologically for the Interview
Plan to enter each interview with an open mind. This means not only keeping your mind open to the guilt or innocence of each suspect, but being accepting and nonjudgmental, even when you are interacting with those whom you have designated prime suspects. In addition, be determined to put misinformation aside and think for yourself. Don’t accept any piece of information until you have evaluated it in light of the other evidence.
Use positive expectation in all efforts to gather information. In other words, treat interviewees as though they want to comply. In everything you do and say, act as though you know the interviewee truly wants to cooperate with the investigation. Most interviewees do, in fact, respond positively to this expectation. (See Chapter 8.)