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 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 pro-
viding false information. Look for the telltale signs of deception: inconsis-
tencies, 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 nov-
ice interviewer may watch the casual performance of the experienced inter-
viewer and incorrectly assume that the relaxed prevailing emotional tone or
attitude of the experienced interviewer indicates that she has done 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 pro-
cess (Figure 9.4). During this section, the investigator evaluates potential interviewees, prepares an interview strategy based on what she has learned,
and prepares psychologically for the interview.
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.
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The Art of Investigative Interviewing
Evaluating Potential Interviewees
Before conducting any interviews, the investigator evaluates each potential
interviewee based on information provided by people close to the investi-
gation. The investigator then calculates the chances of gaining truthful tes-
timonial evidence from each person.
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 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 onto this information. It is important, therefore, to plan an appro-
priate strategy for each interview. It is better to be overprepared than under-
prepared, especially when you’re dealing with people who might try to
deceive you. 1
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 inter-
viewee. 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
1 Quinn and Zunin, 1972.
Overview of the Interview Process
95
details with the interviewee? Will your review of details help the inter-
viewee remember additional information? How will you encourage the
interviewee to be truthful? If your encouragement is inspired with cour-
age, spirit, and confidence, you will probably gain pertinent and helpful
information.
Plan to enter each interview with an open mind. This means not only keep-
ing your mind open to the guilt or innocence of each suspect but being
accepting and nonjudgmental, even when you are interacting with those
you have designated prime suspects. In addition, be determined to put mis-
information aside and think for yourself. Don’t accept any piece of informa-
tion until you have evaluated it in light of the other evidence.
Use positive expectations 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.
Positive behavior is necessary if you are to achieve proficiency as an
interviewer. Excellent interviewers modify their behavior to inspire and
convince interviewees to provide truthful information, and with sufficient
practice and dedication, many develop into capable interrogators. By apply-
ing honed interviewing skills and focusing your energies on improvement,
you will become competent at solving complicated investigative problems.
It’s not force but finesse that counts in human interaction.
Contact
A and B of the polyphasic flowchart (refer back to Figure 9.1) define the first four minutes of the actual interview. Thus span of time is the contact
section of the initial phase (Figure 9.5). Your main purpose during these first four minutes is to establish a rapport with the interviewee. You will
develop skills such as imagination, creativity, flexibility, and other skills
that will help uncover information through ways other than direct
question-and-answer statements. You will continue to use these tactics
throughout the interview, even into the follow-up phase, when inconsis-
tencies are resolved, confrontation takes place, and admissions and confes-
sions are sought and obtained.
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The Art of Investigative Interviewing
Figure 9.5 The contact section of the initial phase (the first four minutes of each interview). The investigator and the interviewee have their first verbal and nonverbal exchanges during this time.
UNCOVERING THE TRUTH
Over time you will learn a variety of ways to gather information during an
interview. Building rapport with the interviewee, maintaining a positive
attitude, and active listening all help the interviewer display favorable char-
acteristics. They show the interviewee that the interviewer can be trusted. If
&nb
sp; they are applied sensitively and skillfully, they will have significant and pos-
itive effects on the outcome of your interviews.
In most interviews, the investigator has at least one agenda, whether
obvious or hidden. The hidden one is an unannounced reason for conduct-
ing the interview. For example, one hidden agenda when you’re interview-
ing a victim is to determine whether a crime actually took place. The rapport
you build and your attitude will help conceal the interviewer’s true agenda
and will help the investigator outsmart the interviewee.
Consider the human needs of interview participants:
•
Build and maintain rapport.
•
Maintain a positive attitude.
•
Apply flexible methods.
•
Cover suspiciousness.
•
Use creative imagination.
•
Exhibit human warmth, sensitivity, empathy, respect, and genuineness.
•
Be nonjudgmental.
•
Listen actively.
•
Be attentive.
•
Be patient.
Overview of the Interview Process
97
•
Be positive: Use positive silence, positive eye contact, positive personal
space, positive body motions (kinesics) and body language, and positive
touch when appropriate.
•
Cover personal values.
•
Maintain a positive, neutral stance.
•
Use positive power and positive control.
•
Control personal anger; avoid antagonizing or harassing interviewees.
•
Don’t use coercive behavior.
•
Use observation, evaluation, and assessment.
•
Avoid the third degree (mental or physical torture used in an effort to
gain a confession).
•
Use closed questions and open questions when appropriate.
•
Keep questions simple; avoid ambiguously worded questions.
•
Dare to ask tough questions.
•
Mentally assume an affirmative answer.
•
Use leading questions appropriately and ask self-appraisal questions.
•
Handle trial balloons calmly.
•
Assume that more information is available.
First Impressions
You make your first impression during the initial 10 to 45 seconds of an inter-
view. This is your opportunity to show that you are fair, nonjudgmental,
friendly, calm, cool, collected, human, and compassionate. First impressions
are important in helping to cement a close, but building a relationship is instrumental in encouraging the interviewee’s cooperation. In those first seconds of
human interaction, you convey your intentions through nonverbal messages.
You express human warmth through your tone of voice and your gestures and
mannerisms. These things significantly affect the outcome of an interview.
Although face-to-face interviews are preferred, telephone interviews are
sometimes necessary. In a telephone interview, you can express your posi-
tive qualities through your tone of voice, timing, and silences.
On occasion, an interviewee will confess or make some significant
admission within the first few minutes of the interview without being
specifically encouraged to do so. Be ready for this possibility.
The Interviewee’s Evaluation Process
Observation, evaluation, assessment, and intuition are vital elements of
investigative problem solving. The interviewee’s evaluation process usually
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The Art of Investigative Interviewing
begins with the first verbal and nonverbal exchanges in an encounter, and
they continue until the end. You can expect the interviewee to start an eval-
uation process with his or her first glimpse of you. How do you look? Do
you appear to be a professional? How do you sound—overbearing? Are you
portraying yourself as warm and caring? Consciously or subconsciously,
even the slowest, least educated interviewees evaluate you to decide
whether it is safe to reveal information or whether they will be abused in
the process. The interviewee’s evaluation process takes place whether you
want it to or not. Remember that your tone of voice, choice of words,
and body language express particular attitudes. This is the time to signal that
you want the interview to be a friendly interaction.
Subsequent interviewees will evaluate the interview process in part based
on how you treated preceding interviewees. The message about you and
your methods will be conveyed to everyone—that you are okay or not, fair
or not, biased or not. There is no question that you will be judged.
There is some strategic advantage if the interviewee is not under arrest
when interviewed; faced with less of a threat, the interviewee experiences
less distress and is more likely to cooperate. Although the interviewee may
still be uncomfortable, your professional demeanor and friendly ways will
make you seem worthy of receiving important information. This is common
in the private investigation world. Throughout my 32 years in the business,
it has been very easy to get interviewees to talk with me. Each interview is
different, and you, the investigator or internal security person, will use dif-
ferent elements. Your style, demonstrated level of respect, and experience
will determine your success. If you seem disarming and are experienced
at using your developed skills, you can get anyone to talk with you.
Elements of Contact
Introduction and Greeting
A formal introduction will help establish you as someone in whom it is safe
to confide. When possible, it is useful to separate yourself from any prior
investigations of the crime you are asked to solve. For example, I speak
softly, not in a weak fashion but in a modulated tone that I hope will convey
my confidence and human warmth. I might say, “Hello, I’m Ms. Black.
Would you follow me, please?” as I meet the interviewee in a waiting room
before we walk to my office down the hall. Then, when we reach my office,
I may say, “Please, have a seat here,” as I motion to a particular chair.
During the first few minutes, the tone of the interview is determined,
and it may last for minutes, hours, or days. If an interviewee offers to shake
Overview of the Interview Process
99
hands when we meet, then I do, but I don’t routinely offer a handshake to each
interviewee. I usually try to maintain a professional aloofness to signal the serious nature of the inquiry. I try to appear reserved, not stuffy. Although having been trained by Wicklander in which one method is to make small talk, I really
have never spent much time, if any, on small talk. Every interviewer and
investigator has different methods and styles, but I usually felt that if I was conducting an interview for an internal investigation, I was doing it only after I
had enough evidence. My approach is to find a way for the interviewee/sus-
pect to tell me what they have done. One of my methods would be to tell
the
interviewee that I was working with the company’s audit department and we
were looking into the loss of assets and hoping they would be able to assist us in resolving this issue. Of course, I always had videotapes, statements from witnesses, or other evidence I made the interviewee aware of. At no time did I
mention law enforcement, prosecution, or arrest. That gave the interviewee
the impression that they were assisting in explaining the losses without think-
ing about possible consequences associated with a crime. It was often the fact
that I used phrases like shortages, justification, balancing, and auditing rather than stealing, theft, prosecution, or police.
Of course, that is the intent and ultimate mission, but the main objective
during the interview is to get the evidence, confession, and statement.
Always assume that you are going to get this confession and statement
because it will help you be prepared with the necessary company documents
and all the evidence when the police arrive. Once the confession is made, I
always had a minute to leave the room, leaving another witness with the
suspect, so that I could make the call to local law enforcement. It was often
quite a surprise when the police would arrive, because the suspect didn’t
make the connection between helping balance the shortages and being con-
victed of a crime.
Each interview is unique, which is why practice and experience are what
will develop your skills as an investigative interviewer.
Back in the 1980s, interviews were more of the interrogation type, and
we didn’t have to concern ourselves with how long we kept interviewees or
how we acquired their statements. In fact, many interviewees’ statements
were written by me or other investigators, with the interviewees or suspects
signing them. Since then the investigation field has become more profes-
sional, with a higher level of training and ethics. Today we should avoid
all forms of intimidation and abusiveness that might in any way spark resent-
ment or defensiveness. My goal is to have victims, witnesses, and suspects
alike feel that they can talk to me.
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Greeting interviewees cordially helps them feel at ease. Despite your
innocent manner, try your best to encourage them to provide the informa-