Rapport Building Interviewing vs Interrogation

Interviewing vs Interrogation Visit www.megaplan.co.za :

Interviewing vs Interrogation Visit www.megaplan.co.za

Purpose of presentation:

Purpose of presentation To question the approach to interrogations during “private” investigations To ascertain whether the importance of confessions during interviewing are overemphasised To question whether the desire to obtain a confession can influence the initial interview(s) – and therefore limit the information-gathering process To establish how the approach should be adjusted

Credit to … Michel St-Yves:

Credit to … Michel St-Yves Based on the article of Michel St. Yves: La psychologgie de la relation: cinq regles de base Translated: The psychology of rapport: five basic rules‘ (Source – last slide)

Interviewing and Interrogation:

Interviewing and Interrogation Interviewing – a conversation with a purpose where one person (the interviewer) takes control Interrogation – a process to obtain a confession from a suspect by confronting him/her with evidence which has been obtained and will be sufficient to ensure a verdict of guilty during a hearing

The main differences between interviews and interrogation:

The main differences between interviews and interrogation The main purpose of the interview is to obtain information concerning the wrongdoing. A low-keyed approach is employed to ensure the interviewees’ cooperation during the interview. Control is restrained and limited. Interrogation is confrontational and accusatory. The purpose is to obtain a full confession concerning the wrongdoing. Confessions must adhere to certain legal requirements. Failure to do so may render the confession inadmissible.

Primary responsibilities of the investigative interviewer:

Primary responsibilities of the investigative interviewer The main responsibility of the interviewer is to obtain information which can be used as evidence during a hearing. The interviewer should attempt to remain as objective as possible during the information-gathering process. A neutral and professional attitude/approach is essential.

Difference between private and police investigations:

Difference between private and police investigations Limited resources – legal/financial/time Case is prepared for management /personnel /possible prosecution Police handle serious (violent) crimes Consider the influence of the police on the private investigative environment Control – probably the most important part of any interview The direct approach of the police during interview and viewing confessions as the ultimate result of an investigation is probably a legacy of this influence.

Influences on present attitudes/approaches:

Influences on present attitudes/approaches The Constitution and individual human rights have a major impact on both private and police investigations. The private industry is becoming more independent in the recruitment and training of personnel – the influence of the police is diminishing.

Three (3) stages in the Investigative Interviewing Process:

Three (3) stages in the Investigative Interviewing Process Initial interview - aimed at obtaining all relevant information concerning a case. Structured interview – after the initial interview a more structured approach is followed by using appropriate questions to verify and expand on information obtained. Confrontational interview (interrogation) – based on sufficient evidence - after suspect is accused, pressure is applied to obtain a confession concerning the wrongdoing Introducing elements of interrogation (accusatory/confrontational/hostile) too early in the initial interview will impact negatively on the ability to collect information

Three (3) phases during the investigative interviewing process:

Three (3) phases during the investigative interviewing process Initial interview Structured Interview Interrogation Interview Comparing Collect information Clarifying Obtain admissions & confessions Interviewer 10% Interviewee 90% Interviewer 50% Interviewee 50% Interviewer 90% Interviewee 10% Relaxed & friendly Professional Rapport building Accommodating & enquiring In control - manipulating Open Ended Clarifying Structured – wrapping up

Essential qualities of confessions:

Essential qualities of confessions Voluntary The confession must be made by the party that will be affected by it. It is evidence only against him. The confession must be made to another person. It may be made to a private individual or under examination before a magistrate. Lack of threats/promises/undue psychological pressure Advise of constitutional rights Right to remain silent Right to legal representation If the suspect cannot afford a lawyer, one will be appointed to represent him. Anything the suspect says of a self-incriminatory nature can and will be used against him in a court of law.

Pitfalls of Confessions:

Pitfalls of Confessions Essential to adhere strictly to legal requirements High incidence of denial Relationship becomes negative and no further information will be forthcoming once an accusation has been leveled. Interviewers work towards a confession from the start and this may harm the positive relationship.

Rapport - Identifying common interests:

Rapport - Identifying common interests Normally before the interview commences – full background of the interviewee On the spot – when prior preparation is impossible innovation and close observation will be essential Physical detail Personality traits: Spontaneous * Reserved * Humble * Boisterous * Extrovert * Introvert * Over confident * Manipulative * Overpowering * Aggressive * Timid * Violent * Gossiper * Moaner * Proud * Shrewd * Emotionally matured * Inferiority or Superiority inclinations * Responsible * Irresponsible * Impulsive * Hard headed * Talkative * Observant * Good or poor listener * Intuitive * Impulsive

Confessions vs Rapport:

Confessions vs Rapport Michel St-Yves proposes: Obtain information rather than a confession – especially initially. A positive relationship is more likely to lead to trust and confidence in the interviewer and to truthful accounts. Without interpersonal skills, rapport may not be possible. “A person reveals no secret without rapport.” (Schafer & Navarro 2003: 39) Rapport, therefore, requires special attention.

Rapport (Common ground):

Rapport ( Common ground ) Rapport is best defined as “ developing an understanding relationship or communication between people” (Oxford Reference Dictionary) Research shows that a positive relationship (good rapport) promotes and ensures participation. Knowledge of interpersonal communications is essential to establish rapport .

The Six (6) Basic Rules:

The Six (6) Basic Rules The following six basic rules must be followed to ensure successful rapport-building: Keep an open mind and remain objective Build and maintain rapport Be observant – pay close attention Develop and maintain a professional attitude Develop a method to conclude Handle emotions

Keep an open mind and remain objective:

Keep an open mind and remain objective Objectivity aims to find the truth and does not focus solely on a conviction. Our first impressions of others are based on the first elements perceived. [Solomon E. Asch (1907-96)] Impressions are created quickly and (may) lead to a lasting impression. It is very hard to get rid of a first impression - especially when it is a false one Solomon E. Asch (1907-96)] Impressions can distract the interviewer from obtaining the truth - keep an open mind. This approach should increase the possibility to obtain the truth. The Rosenthal effect (Robert Rosenthal US psychologist – 1960’s) Students/Teachers/Perceptions

2. Build and maintain rapport :

2. Build and maintain rapport Create an atmosphere that will encourage him/her to talk freely. Observe and understand to ensure good rapport. Transference -the emotions (positive or hostile) the interviewee feels towards the interviewer Counter-transference - the sum of the emotions (positive or hostile) the

Make good contact:

Make good contact Rapport is created within the first seconds of a meeting – but it must be nurtured to be successful. Initial contact may be visual or audio – or both. A warm welcome is essential. (Shepherd & Kite 1988; Shepherd 1988) After the introduction, the goals of the meeting/interview must be clarified. Good interviewing is more about listening than about talking. Good listening refers to active listening skills.

3. Be observant – pay close attention :

3. Be observant – pay close attention Not paying attention will lead to a fruitless interview. Listening, on the other hand, promotes an understanding of what really happened and not what the interviewer thinks happened. Active listening Minimal encouragement/interruptions. Paraphrases = repeating exact word/phrases ( Rogerian approach). Identify emotions Open ended questions - advantages Silence is preferable to saying nothing when you have nothing to say. Silences also allow time to think.

4. Develop and maintain a professional attitude :

4. Develop and maintain a professional attitude A professional attitude of respect, empathy and open-mindedness promotes the disclosure of information and, if appropriate, a confession may be attained. An unprofessional attitude can be extremely prejudicial, especially if the suspect is not guilty. To perform well during an interrogation, investigators should appear self-confident, but must avoid an authoritative or a macho approach. Low-keyed (non-macho) interviewing yields the best results Empathy and attentiveness are the key words Consider negotiation rather than accusation

5. Develop a method to conclude the interview:

5. Develop a method to conclude the interview To conclude ensures that all the legal arguments have been covered and that the suspect has nothing more to add and that he/she knows what will follow. The suspect should be allowed to preserve his or her dignity. The conclusion should consolidate the rapport that has been established. This particular interview may be the beginning, not the end, of a long series of events and relationships. Leave a positive impression - this person may need to be interviewed again one day.

6. Handle emotions:

6. Handle emotions Strong emotions may be present the end of an interview due to The interviewee/suspect may have been angered by the investigator's questions. The interviewer may feel powerless due to the interviewee’s persistent denials. If the investigator loses (emotional) control, the whole investigative process may be at risk. A strategic response would be to pause in order to resume the interview later.

Finally:

Finally Obtaining confessions is not necessarily the goal during interviews or interrogation – good information, however, will serve a good purpose

Bibliography + Source:

Bibliography + Source Author of article : St. Yves, Michel Title of article: La psychologgie de la relation: cinq regles de base Publisher: Tanguay & Crepault. 2001. Title of book: Investigative Interviewing - Rights, research and regulation, Williamson, T. Published by - Willan Publishing Culmcott House Mill Street, Uffculme Cullompton, Devon 363.25 INVE EX15 3AT, UK FINIS