Interrogation of Suspects PDF

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How to interrogate suspects ...

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PFLP-3003: Interviewing & Investigation Interrogation of Suspects Interrogation – Defined  The formal examination of a suspect or an accused person by questioning  Objective of an interrogation is to obtain an admission or confession from a suspect or accused  Purpose is to establish their guilt in the matter under investigation Interviewing Vs. Interrogation Interview Interrogation Information gathering stage Establish culpability of person Non-accusatory Accusatory in nature Not cautioned Cautioned No rights to counsel given Leading questions Open-ended questions Voluntariness must be proven Voluntariness not an issue Interrogations  Voluntariness of a statement of a suspect or accused must be proven  Interrogations must not be mentally or physically oppressive, or abusive in anyway  The accusation is made in a calm, professional and firm manner  The interrogator should leave no doubt whatsoever in the subject’s mind that they are responsible for having involvement in the commission of the offence Why Do We Interrogate?  May occur either ore-arrest or post-arrest  Interrogation of a suspect may occur any time they become at least a partial focus of the investigation and certain evidence exists implicating them in the crime  An accused person may be interrogated any time between their arrest and conviction Possible Outcomes of Interrogations  Subject may refuse to answer questions  Subject may provide alibi that can be verified  Subject may deny responsibility and provide a false alibi  Subject may provide an admission regarding some issue  Subject may confess to the crime  Subject may attempt to dispose of evidence or confess to another person(s) Admissions and Confessions  Exceptions to the Hearsay Rule  Admission – partial acknowledgment of a suspect’s involvement in the crime(s) under investigation that might prove one or more (but not all) of the facts in issue (“I was there but I didn’t do it”)  Confession is acknowledgement of the subject’s involvement that proves all of the facts in issue of the offences Planning & Preparation

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Knowledge of the case o Police reports/witness statement/photographs o Speak to other investigators o Possible inspection of crime scene Background of the suspect o Criminal convictions, if any o Details of previous crimes o Family, employment history o Lifestyle, etc.

Timing of Interrogations  If interrogator does not yet have sufficient knowledge of the case  If suspect’s alibi has not yet been fully investigated  If there is a possibility that evidence could be destroyed/damages  If yes to any of the above, consider postponing the interrogation Location of Interrogation  Interrogations occur in police stations due to the need to maintain control over setting  Should be equipped with audio/video recording capabilities  Should be free from interruption  Privacy does not guarantee a confession but promotes sharing of sensitive information Recording the Interrogation  An interrogation should always be audio taped or videotaped where the equipment is available and where it is practicable to do so  A handwritten statement may be taken following an interrogation  The entire process should also be either audio tape or videotaped to assist with proving the voluntariness of the statement itself The Judges Rule  Prepared in 1912 by judges of the King’s Bench Division in England o Rapidly changing due to Supreme Court Decisions  Provide guidance to police officers in interrogating prisoners and suspects  Have no force in law but provide a useful summary of the legal rules of questioning Confession Rule  “Any statement made by a suspect or accused to a person in authority must be proven to have been made voluntarily and be free from threats or inducements beyond a reasonable doubt by the Crown, before it can be admitted as evidence.”

Person in Authority

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“Any person formally involved at any stage of the investigation, arrest, detention, examination or prosecution of a person suspected or charged with an offence, and whom, the accused believes to have such authority.” R.v Wells (1998) 2 S.C.R 517 Police Officers Jailers Educators Members of medical profession Parents of young offenders

Fear of Threat  Use of threatened use of physical force  Other forms of oppression  Threats of any kind made by the police against either the person or any third party, such as a spouse, child, family member, intimate partner, etc.  May compel an innocent person to confess to a crime they did not commit Inducements  “Promise of favour” or “hope of advantage”  Persons in authority are not permitted to bargain with a suspect or accused in exchange for a confession  An example of an inducement would be to say to a prisoner, “In return for a confession, we will do (a certain thing) for you.” Voir Dire (Pre-Trial)  A hearing within a trial to determine the admissibility of evidence  Outside the presence of a jury if a jury is involved in the trial  Voluntariness of a confession must be proven beyond a reasonable doubt Operating Mind  Voluntary statement may still be admissible if psychological or other factors prevent suspect from realizing the consequences of giving the statement  Statement obtained from an intoxicated murder suspect although voluntary, was declared admissible (Clarkson v. The Queen ((1986)) 1 S.C.R. 383) Police Caution  In duty book  “You are (may be) charged with ____________. Do you wish to say anything in answer to the charge? You are not obliged to say anything, unless you wish to do so, but whatever you say may be given in evidence.”  No requirement to caution witnesses or persons of interest  Suspects and accused persons should always be cautioned prior to questioning – whether or not they are arrested or charged  Always create an environment that is free from threats, oppression, and inducements, documenting all of the conditions under which the statement was obtained  If person cautioned for one offence and is then charged with a more serious offence, they must be re-cautioned on the more serious offence

PFLP-3003: Interviewing & Investigation

Secondary Caution  “If you have spoken to any police officer, or to anyone with authority, or if any such person has spoken to you in connection with this case, I want it clearly understood that I do not want it to influence you in making any statement. Do you understand?”  No influence for offender to make statement, must understand  Purpose is to remove compulsion to provide statement as the result of threats or inducements by other persons in authority Section 10 – Charter of Rights & Freedoms  Sec. 10(a) “Everyone has the right on arrest or detention to be informed promptly of the reasons therefore.”  Sec. 10(b) “Everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right;”

Availability of Legal Aid  “It is my duty to inform you that you have the right to retain and instruct counsel without delay. You have the right to telephone any lawyer you wish. You also have the right to free advice from a Legal Aid lawyer. If you are charged with an offence, you may apply to the Ontario Legal Aid Plan for legal assistance. 1-800-265-0451 is a toll free number that will put you in contact with a Legal Aid Duty Counsel lawyer for free legal advice right now. Do you understand?  Do you wish to call a lawyer now?” Proxemics  The effects of socially conditioned spatial (distance) factors in ordinary human relations  Individuals have clearly defined personal comfort zones  Describes the social distances commonly used in normal everyday relationships and the nature of normally acceptable activities that occur within them  Cultural variations Personal Comfort Zones  Public – (+ 3.6 metres) non-threatening, voice is loud enough to be heard - topics are general and impersonal  Social – Consultative (1.2 - 3.6 m) conversing with acquaintances – normal tone of voice – little privacy  Personal – Casual (45 cm - 1.2 m) trusted friends only – normal or lower tone of voice  Intimate – (15 – 45 cm) reserved for close family members and loved ones – tone of voice is at or near a whisper – promotes sharing of secretive information

Using Proxemics During Interrogations  Interrogator alternately moving in and out of the suspect’s personal-casual zone (an arm’s length)

PFLP-3003: Interviewing & Investigation “Invading” the suspect’s personal space is to induce anxiety for the purpose of establishing psychological domination  The interrogator should sit in an office chair, equipped with casters (wheels)  The suspect should be provided with a stationary chair (without wheels or armrests) to sit in Five Stages of a Confession  Dr. Elisabeth Kübler-Ross developed theory relating to terminally ill patients which is also observed in victims and in persons who confess to crimes 1. Denial 2. Anger 3. Bargaining 4. Depression 5. Acceptance 

Conducting Interrogations  Dress professionally in plain-clothes or in uniform  Maintain a calm professional manner  Establish and maintain a psychological advantage  Move them from being uncooperative to cooperative  You must be worthy in their eyes of receiving their confession Minimization Techniques  Minimize the suspect’s actions and the consequences ◦ Many people commit the same type of act ◦ Family, friends, employer will understand  Minimize the suspect’s role ◦ Victim’s fault for leaving property vulnerable ◦ You only hurt him – it’s not like you killed anyone Non-Verbal Communication  Only a very small portion of information we obtain from a conversation is spoken  7% - words  38% - tone of voice  55% - facial expressions and gestures  93% of all human communication is non-verbal Verbal Indicators of Deception  Subject’s answer doesn’t answer the question ◦ “I would never do that” ◦ Be aware of verb tenses  Answering a question with a question ◦ “Who, me?” ◦ “Why would I _________? ”  Innocent people will respond directly and forcefully when accused of a crime they didn’t commit  Guilty people may stall for time, avoid issues or over-emphasize a negative response

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Attempts to persuade the interrogator of their honesty by adding: “Honestly” “Truthfully, “To tell you the truth”, “Honest to God”, or “I swear on my mother’s grave”, etc. – be suspicious of whatever follows

Non-Verbal Indicators  Charles Darwin: “Repressed emotion almost always comes to the surface in some form of body motion.”  “Fight or flight” response when we perceive a threat  Poor or excessive eye-contact  Close-handed gestures, crossing of arms/legs  Hand brought to head, nose or mouth when asked direct question Detecting Deception  Guilt is not conclusive if one or more verbal or non-verbal indicators of deception are observed  An interrogator must establish what a subject’s normal behavioural patterns are and be observant for clusters of verbal and nonverbal indicators of deception Summary  Primary objective of an interrogation is to obtain an admission or confession from the suspect or accused to establish their guilt in the matter under investigation  Accusatory in nature but are not oppressive or threatening  Statements made by a suspect or accused to a person in authority must be proven to have been made voluntarily and be free from threats or inducements...