ing their actions. A company’s internal investigators may take investigative
liberties that might seem unreasonable, but their actions do not affect society
generally. Still, their behavior is limited and controlled by company policy
and the fear of possible civil suits. Company control of an investigator’s
behavior generally cannot influence the inquiry to such an extent that it
causes the investigator to violate personal ethics and professional responsi-
bilities. If this happens, there is a question of integrity.
Regardless of whether an offense is investigated by public or private
detectives, the evidence needed to prosecute the case is the same. If a piece
of evidence is to be of value to a company (or, for that matter, to society), the methods used to collect and preserve it must meet the highest standards
imposed by the courts. This is true even when the collected evidence serves
only to justify an employee’s dismissal rather than prosecution in court. The
case may turn ugly if the fired employee sues the company for wrongful ter-
mination and the company must produce the evidence on which it based the
termination. If evidence collection and preservation fall short of acceptable
standards, the company may be in deep trouble financially. In the public
sector, of course, if a police investigator does not properly collect and pre-
serve evidence, the prosecution’s case may dissolve, allowing the guilty party
to go free.
TESTIMONIAL EVIDENCE
Obviously, the main topic of this book is the collection of testimonial evi-
dence through investigative interviewing. Most, if not all, of the offenses
cataloged in the FBI’s Uniform Crime Report require investigative interview-
ing of victims, witnesses, and suspects. Most of the evidence presented dur-
ing the prosecution of Part I and Part II offenses was obtained in an interview
or interrogation.
There are legal means available to assist both public and private investi-
gators in searching out all forms of evidence that will reveal the truth. Sub-
poenas, for example, help investigators collect evidence without resorting to
illegal methods.
As this book points out, the investigator’s major job is to persuade the
interviewee to cooperate long enough to reveal truthful information about
the crime under investigation. To this end, investigators of all kinds must
Public and Private Interviewing
63
cultivate professional attitudes and techniques that promote communication
and cooperation. Most interviewees will acquiesce to requests for informa-
tion, but they need encouragement from the investigator. There is always
some resistance to an investigator’s inquiries. Some people believe that
the degree of resistance depends on the nature of the offense under inves-
tigation. My thought is that the degree of resistance is a reflection of the
interviewee’s personality, the interviewer’s attitude, and the qualities the
interviewer brings to bear on the interview.
Are people more likely to refuse to cooperate with a private investigation
than with a police investigation? Certainly people perceive less of a threat
from private investigations. Most consider losing a job to be less damaging
than being fined or going to jail. Employees are expected to cooperate in
reasonable inquiries undertaken by company management. The refusal to
cooperate in an investigation is often regarded by management as insubor-
dination and sufficient cause for dismissal. But it does not prove that the
employee is guilty.
Occasionally, the greater threat of a police investigation works to
obscure rather than reveal the truth. Because of the fear that a police inter-
view can inspire, interviewees feel pressured to provide answers that they
sense the investigator wants—and thus lead the police to a wrongful arrest.
It can be difficult for police investigators to discover the truth while simul-
taneously protecting the rights of the alleged victims and the accused. There
is a need for comprehensive training in interviewing at the beginning and
throughout a police officer’s career.
REVIEW QUESTIONS
1. How are public and private investigators alike? What is their biggest
2. What is the difference between Part I and Part II offenses in the United
States? Give three examples of each.
3. How does the FBI define fraud and embezzlement?
4. Is white-collar crime a significant problem in the United States?
Explain.
5. Name the various agencies that compile crime statistics in Europe.
6. What types of crimes do public investigators usually handle? What
about private investigators?
7. Are police officers properly trained in the investigation of white-collar
crimes? Explain.
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The Art of Investigative Interviewing
8. Why aren’t the police asked to investigate more cases of fraud, embez-
zlement, and internal theft?
9. Compare the responsibilities of public and private investigators in
collecting and preserving evidence, and for each describe the conse-
quences of failing to follow proper procedures.
10. How do public and private investigations differ when it comes to
interviewing?
11. Why is it usually necessary for the investigator to encourage inter-
viewees to be cooperative?
12. Are people more likely to comply with a public investigation or a pri-
vate one?
CHAPTER 7
Rapport, Active Listening, and
Other Techniques
Rapport is the understanding between individuals created by genuine interest
and concern.
—Karen M. Hess and Wayne W. Bennett, Criminal Investigation (1991)
The interviewing process is not limited to the criminal justice and security arena.
Interviews are conducted in virtually every area of human endeavor. Human
resource specialists conduct interviews routinely; supervisors conduct them rou-
tinely as they conduct performance plans and handle disciplinary problems.
Doctors, lawyers, admission coordinators, pastors—all perform interviews as
one of their many job responsibilities. During any interview, no matter whom
is the interviewer or for whatever reason the interview is being conducted, the
interviewer needs to build rapport along with being proficient in active listening.
Interviews are not normal social encounters in which two people
exchange ideas and experiences on an equal footing. In an investigative inter-
view, the interviewee should do most of the talking while the investigator acts
as a catalyst, a persuader, and a stimulator of thoughts. The catalyst promotes
an unspoken chemistry that produces cooperation. He or she asks appropriate
questions to probe for facts, anecdotes, and feelings from the interviewee. To
prepare for your role as interviewer-catalyst, look at each inquiry with clear
thinking as you plan your approach. Detach yourself from the emotional con-
tent of the interview, adopt a positive attitude, and be flexible. In your role as catalyst, two basic interviewing tactics will prove useful: building rapport and active listening. We will look
at each technique in turn.
BUILDING RAPPORT
Mutual confidence and trust are difficult to establish in an interview, and the
interviewee is not always your partner in seeking the truth. Your goal is to
determine the truth in an investigation; the interviewee’s goal might be to
protect himself from a variety of consequences. You can overcome this
obstacle and encourage interviewees to provide information by building rap-
port. If you can plan, organize, and evoke cooperation in social situations,
65
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The Art of Investigative Interviewing
you probably possess basic qualities of leadership and can establish rapport,
inspire confidence, elicit information, and keep interviews under control.
Rapport can be described as a good feeling or warmth that exists between
people and is characterized by an interpersonal relationship that is cooper-
ative. In an interview, rapport is like an electric current that flows between
participants. It is based on how they communicate rather than on what they
say, and it requires practiced effort. Rapport involves building a degree of
comfortableness together and a level of trust in one another. It is basic good-
will that permits nondefensive behavior. To develop rapport is to create a
feeling within yourself and the interviewee of alertness, well-being, and
even excitement. Rapport is a psychological closeness established in the very
beginning of an interview, when you blend your verbal and nonverbal
actions with those of the interviewee. The first few minutes are crucial
because people determine their basic impressions of one another during
the first few minutes of an interview. Rapport is important in an interview
because the degree of rapport you establish determines the degree of com-
pliance you obtain from the interviewee.
Investigators who succeed in establishing rapport with interviewees
demonstrate their empathy with them and generally obtain their truthful
cooperation. They feel less inhibited in asking questions, even questions
about sensitive or personal matters, and interviewees are less resistant about
answering. The development of rapport does not require that the inter-
viewer become emotionally involved or that the interviewer’s commitment,
persistence, or objectivity be eroded. You are not trying to become the
interviewee’s best buddy. You are trying to solve the case. You want the
interviewee to buy into your friendliness only long enough so that you
can obtain the information you need. When all is said and done, no one will
misunderstand your behavior.
Active listening, discussed later in this chapter, is an important technique
for building rapport, but there are others. Rapport can be developed
through small talk, a good orientation, and through a very warm, friendly
manner. To achieve rapport with the interviewee, try to find an area of com-
mon interest. There is usually something that you can find that could help
identify with the interviewee. You can call attention to similarities in such
subtle ways as by complimenting the person (thus showing that you have
similar tastes).1 You can also build rapport by enhancing the interviewee’s self-image. If your inquiry is handled in a professional way so that
1 Downs, et al., 1980, p. 259; Nierenberg, 1968.
Rapport, Active Listening, and Other Techniques
67
cooperation will benefit the interviewee’s self-image, he or she will feel
honored to cooperate and will later be proud of assisting “the authorities.”
Attempt to make your inquiry relevant to the interviewee’s life and
concerns. Your attitude is communicated by the ways you listen and ask
questions. People find it flattering to be asked for their opinions. In an interview, this technique compliments the interviewee’s views and may
strengthen rapport. Expressions of genuine interest and empathy, positive
recognition, easy eye contact, and appropriate positive silences also help
build and maintain rapport.
At the beginning of an interaction, the interviewee may display signs of
uneasiness. Even truthful interviewees may have some anxiety over whether
you will be fair and unbiased in your methods and judgment. As rapport
develops, you may notice a distinct sigh of relief, signaling a lessening of
the interviewee’s distress and the building of trust. From that point onward,
the interview may take on a more relaxed character.
You need to be alert to whether the interviewee is truly listening. Just
because interviewees are silent and appear to be listening does not mean that
they are truly receptive to what you are saying. They may be lost in an emo-
tional maze of fear. Periodically ask questions designed to test whether the
interviewee is listening. A blank, unresponsive stare may signal distress,
unclear thinking, or an unbalanced mental process.
Control your emotions without losing your enthusiasm. Keep your
thoughts collected and composed; think your comments through carefully
before presenting them to the interviewee. Refuse to become ruffled, and
keep your goal clearly in mind. The use of sarcasm, ridicule, or cynicism
only creates tension instead of building rapport and gaining cooperation
from the interviewee. Generally speaking, people resist being thought of
as inferior and might be reluctant to establish rapport with or to be persuaded
by anyone who tries, either consciously or unconsciously, to make them feel
that way. Instead, help the interviewee rationalize and save face. Other
actions that tend to block rapport are making negative comments, engaging
in monologues, second-guessing the interviewee, displaying a condescend-
ing attitude, and trying to hurry through the interview. 2
Through participant role reversal, an interviewee may skillfully unseat
you and take over the role of leader in the interview. An inexperienced
interviewer may not see the signals of this switchover and may discover
too late that he or she has given up command of the interview, answering
2 Downs, et al., 1980, p. 201; Bennis, et al., 973, p. 199.
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The Art of Investigative Interviewing
rather than asking questions. This role reversal is embarrassing only if it con-
tinues. Proficient interviewers realize when role reversal is taking place and
immediately regain control without making it too obvious or causing con-
flict. Entering into a power struggle with interviewees can create alienation
instead of rapport.
When you’re ending an unsuccessful interview, do nothing to create
hard feelings. Even when hostile interviewees refuse to answer your ques-
tions, don’t hold a grudge; don’t show disgust, frustration, or anger; and
don’t allow yourself to vent your displeasure. Don’t allow your pride to
cause you to blame interviewees for their lack of cooperation. Instead, lay
a positive foundation for future interviews. Aim to have all interviewees
leave with a positive feeling, allowing them to believe that they experienced
a meaningful and valuable interaction.
ACTIVE LISTENING
There are two main conditions of listening: the passive (inattentive) and
the
active (attentive). Most of us are good at passive listening. We appear to be
listening when, in fact, our minds have wandered off. Too often, our need to
talk is greater than our ability to listen.
To become an effective interviewer, you should practice to become a
better listener. A good interviewer has usually practiced and developed
the skill of being a good listener. By staying keenly aware of the important
role of active listening in an interview, you can analyze and encourage in a
meaningful way. You can use active listening skills to determine the inter-
viewee’s frame of reference and to reduce emotional tension. Rely on your
spontaneity, sensitivity, and basic common sense; listen better and under-
stand more. Avoid putting on a show of authority, displaying more interest
in yourself and your role than in listening to the interviewee.
Most people feel that no one really listens to them. Your interviewees
will appreciate the opportunity to show their knowledge and to express their
ideas and feelings. They hunger for that feeling of importance they get from
being asked for their views.
The first step in empathizing is to listen and attempt to grasp the meaning
of what is said. Your effort to listen actively demonstrates your recognition
of the interviewee’s worth and encourages continued cooperation. Active
listening involves your total person and must be a part of your presentation.
You can exhibit your attentiveness to the interviewee through the intona-
tion of your voice, the positioning of your body, and your facial expressions.
Rapport, Active Listening, and Other Techniques
69
Through questioning, paraphrasing, rephrasing, and reflecting, you will
show the interviewee that you are listening. The important tactic of active
listening requires attentiveness and concentration, acceptance, detachment,
and patience. We discuss each of these qualities before exploring in more
detail how you, the interviewer, can signal active listening.
Attentiveness and Concentration
With a little effort, you can learn to be a skilled listener. Being alert and cour-teous, giving the interviewee your undivided attention, and being prepared