NCJ Number
197785
Journal
FBI Law Enforcement Bulletin Volume: 71 Issue: 11 Dated: November 2002 Pages: 9-15
Date Published
November 2002
Length
7 pages
Annotation
This article presents and explains fundamental police interview and interrogation principles that can counter the criticisms of police procedures in this area.
Abstract
Critics describe police interview and interrogation tactics as typically "coercive," claiming that confessions that result from police interviews and interrogations are produced by pressuring the suspect to confess to the crime under investigation. Challenges to law enforcement interview tactics can be grouped into five categories. One challenge is that police select persons for interrogation based on investigators' subjective observations of the person's behavior, rather than on objective facts and evidence. This challenge can be countered by adopting the principle that suspects should be selected for interviews and interrogation based on objective facts rather than subjective "hunches." Another challenge is that police exploit psychological and mental vulnerabilities of suspects to manipulate false confessions. Although vulnerable qualities should not exclude suspects from being interviewed, investigators should use special care when interviewing suspects with reduced mental capabilities, the inability to withstand pressure, bereavement, mental illness, age, or other personal traits that may increase suggestibility. A third challenge is that police officers inadvertently contaminate confessions by relying on questions that contain crime scene data and investigative results. Using crime scene or investigative photos in the questioning process may amplify this flaw. To avoid contaminating a suspect's subsequent admissions and unnecessarily revealing investigative knowledge, investigators should initiate the criminal-involvement phase of questioning by using only open-ended questions, which should avoid the pitfalls of leading or informing suspects about the crime. A fourth criticism is that police use techniques that create a false reality for suspects by limiting their ability to reason and to consider alternative options. Astute interviewers should use rationalization, projection, and minimization to remove barriers to obtaining confessions. This taps into a guilty suspect's state of mind in attempting to deal with their guilt. This facilitates a confession without forcing the suspect to falsely believe that he/she has committed the crime. A fifth criticism is that police promise rewards for confessing and adverse consequences for refusing to confess to a crime. Successful interviewing should not rely on coercive or intimidating techniques, but rather on a reservoir of productive, acceptable, and psychologically effective methods. Overall, the investigator is most likely to obtain a genuine and legal confession by treating the suspect with respect and understanding rather than with coercion and demeaning intimidation. 26 notes