24. What might you say to the subject as you flow from interviewing into
interrogating?
CHAPTER 10
Setting, Location, Intensity, and
Approach in the Interview
To ensure the success of an interview, investigators must consider many fac-
tors, including where the interview will take place, how the participants will
be positioned within the interview room, how intensely the interviewer will
press for information, and what approach the interviewer will use in ques-
tioning the interviewee. All these elements require careful planning because
they have a significant impact on the outcome of every interview. This
chapter suggests ways in which environmental setting, participant location,
intensity, and approach can be incorporated into the interview process.
ENVIRONMENTAL SETTING
As a private investigator, my interviews are usually dictated by where I can
find the interviewee. Planning when and where to find the interviewee is
my priority, but after that, privacy is an important element of successful
interviews. In a perfect world, you would have a comfortable, private room,
but this is not always possible. Your goal is to obtain information through the
interview. You will want to conduct your interview in a private space, quiet
and free from disturbances. There is little to gain by transporting inter-
viewees to some distant site that you think is ideal. Doing so might cause
unnecessary disruption. Focus on opportunity, space, and availability and,
of course, the questions.
I have sat in my car for hours waiting for my interviewee to be alone.
LOCATION OF PARTICIPANTS
Personal Space
There is an invisible boundary, known as personal space, around each of us.
We become uncomfortable when strangers intrude in our personal space.
Most Americans reserve about a foot and a half of space around them for
intimate conversation. They allow casual interactions in the space between
about a foot and a half to about four feet. Impersonal transactions take place
beyond about four feet. Personal space varies depending on culture, social
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status, personal history, and upbringing. Sometimes people of high status
assume and are granted more personal space than people of lower status.
Proxemics is the study of the spatial distances that people maintain
between themselves and others. Knowledge of proxemics can help you
become a better interviewer. Recognize that there may be an invisible
boundary that surrounds your interviewee. Whether standing or sitting dur-
ing an interview, be sensitive to the interviewee’s level of comfort and use it
to determine how the interviewee defines his or her personal space. Enter
this space with care to avoid alarming the interviewee. Moving too quickly
into the interviewee’s personal space may cause undue stress, which might
restrict the flow of communication.
Conversation, Moderate, and Intimate Locations
I believe that it is helpful to identify three distinct distances between inter-
view participants. In order of decreasing physical distance, I call these the
conversation, moderate, and intimate locations. When I say location, I mean to
include both distance and position. Most interviews take place in the con-
versation or moderate location.
As you begin the interview, position yourself in the conversation loca-
tion, about six feet away from the interviewee, and then gradually move
closer into the moderate location, where you can conduct most of the inter-
view. Not only does moving closer convey your warmth, but also it will help
both you and the interviewee focus more fully on the discussion. The display
of positive motives generally sparks productive results. The intimate loca-
tions are used when the interviewee needs comforting, when using intensity
level 4 (reviewed later in the chapter), or during other portions of the
follow-up phase. Of course, space limitations may prevent you from begin-
ning the interview in the conversation location or moving closer to the
interviewee than the moderate location.
In the conversation location, the interview participants are situated about six
feet apart, as shown in Figures 10.1 and 10.2. This is a “safe” distance for the interviewee, just beyond easy physical reach. In this location, participants have enough room to lean forward without touching and can move
their legs comfortably. The conversation location permits the investigator
to observe the interviewee for nonverbal communication at critical
moments. The conversation location is used between points A and C of
the polyphasic flowchart shown in Chapter 9 (refer back to Figure 9.1).
Setting, Location, Intensity, and Approach in the Interview
117
Figure 10.1 The conversation location. The interview participants are located about six feet apart.
R
I
Figure 10.2 Overhead view of a typical interview room, 10 by 12 feet, showing
participants in the conversation location. I ¼ interviewer; R ¼ respondent.
At the beginning of the interview, position your chair to the left or right
of the interviewee’s chair at an angle of about 45 degrees. Avoid facing the
interviewee squarely and presenting yourself symbolically as a threat. It is
preferable that there be no obstruction between participants other than
the corner of a desk. You can lean back or forward in your chair, depending
on the context of the interview. However, avoid leaning your chair back
against a wall, and don’t put your feet up on the desk. Keep your body posi-
tion alert, and project an attentive, professional appearance at all times.
Begin the interview with yourself and the interviewee in the conversa-
tion location. Be careful not to violate the interviewee’s personal space.
If you go past that invisible line and step into the interviewee’s “flight area,”
she will probably back off to increase the space between you. The inter-
viewee’s flight area is located somewhere within the moderate location.
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The Art of Investigative Interviewing
The Moderate Location
The moderate location brings interview participants to within about four feet
of one another, as shown in Figures 10.3 and 10.4. This is close enough to allow the investigator to gently touch the interviewee’s arm or shoulder if
appropriate. In the moderate location, participants are generally situated at a
45-degree angle, as in the conversation location. At this distance, legs can be
crossed carefully. Most interviews and many interrogations can be con-
ducted from the moderate location.
The Intimate Locations
In the first intimate location, the participants are situated about two feet apart, as shown in Figures 10.5 and 10.6. As the intensity of the interview increases, the interviewer moves into the second intimate location, to within about a
Figure 10.3 The moderate location. The investigator gradually and inconspicuously moves closer to the interviewee until they are about four feet apart.
Figure 10.4 Overhead view of a typical interview room, 10 by 12 feet, showing
participants in the moderate location. I ¼ interviewer; R ¼ respondent.
Setting, Location, Intensity, and Approach in the Interview
119
Figure 10.5 The first intimate location. Participants are seated about two feet apart.
R
I
Figure 10.6 Overhead view of a typical interview room, 10 by 12 feet, showing
participants in the first intimate location. I ¼ interviewer; R ¼ respondent.
foot of the interviewee and facing him, as shown in Figures 10.7 and 10.8.
The intimate locations may be the most stressful or the most reassuring,
depending on how the interview is conducted. In these locations, you
can easily reach the interviewee. Your chair is situated quite close to the
interviewee’s chair so that your knee is next to the interviewee’s knee. In
this position, the crossing of legs is next to impossible. This distance is
reserved for in-depth interviews requiring intense interpersonal communi-
cation, great empathy, and lots of encouragement. It is also used for inter-
rogations in which an admission or a confession is sought.
The investigator’s shift in position from intimate location 1 to intimate
location 2 often accompanies a change in the interview strategy, from
resolving inconsistencies (interviewing) to attempting to gain an admission
or a confession (interrogating). The successful investigator will make this
transition smoothly, not only in shifting position, but also in the comments,
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The Art of Investigative Interviewing
Figure 10.7 The second intimate location. Participants are seated about one foot apart.
R
I
Figure 10.8 Overhead view of a typical interview room, 10 feet by 12 feet, showing participants in the second intimate location. I ¼ interviewer; R ¼ respondent.
questions, and intensity she employs. In the intimate locations, the rhetorical
questions and statements used differ from the investigator’s previous efforts
to assist the interviewee to rationalize and save face.
REVIEW AND ENCOURAGEMENT INTENSITIES
Throughout the interview, you need to review the facts of the case and their
implications with the interviewee and encourage him to answer questions
truthfully. Using verbal and nonverbal communication, your goal is to per-
suade the interviewee to reveal information or to make an admission or a
confession. The intensity of this review and encouragement varies through-
out the different stages of the interview process. The objective of using vary-
ing degrees of intensity is to bring out verbal and nonverbal signals that
Setting, Location, Intensity, and Approach in the Interview
121
indicate that the interviewee is lying. Intensity, the amount of effort put into making the investigator’s presentation remarkable or powerful, is signaled by
the investigator’s total presentation: how and where the participants are
seated; the investigator’s tone of voice, facial expressions, and body lan-
guage; and the investigator’s questions and comments and how they are
formulated.
Review
The topics you choose to review with the interviewee vary with the phases
of the interview, as does the intensity of that review. From general to more
specific, the investigator’s level of review might increase as follows:
•
Inquiry into the circumstances of the matter under investigation.
•
Discussion regarding the interviewee’s knowledge, opportunity, access,
and motivation as they relate to the matter under investigation.
•
Consideration of the totality of the circumstances in lesser or greater
depth.
•
Consideration of the interviewee’s relationship to the totality of the cir-
cumstances, with less or more focus.
•
Coverage of the totality of the circumstances as related to the inter-
viewee’s knowledge, opportunity, access, and motivation.
Encouragement
The reason to encourage the interviewee is to reassure him or her and to
reach a certain objective, which is the truth. During the process of trying
to reach that goal, only positive methods to encourage the interviewee to
tell the truth are suggested:
•
Persuading
•
Selling
•
Influencing
•
Calling for the truth
The use of review and encouragement does not involve bullying, threaten-
ing, coercing, or punishing the interviewee.
Intensity Levels
Now let’s look at each intensity level and illustrate the specific kinds of
review and encouragement that operate at each level.
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Level One
Level one, representing general review and minimal encouragement, is used
in all interviews from point A to between points C and D on the polyphasic
flowchart (refer back to Figure 9.1). At this level, the least amount of effort is employed in using review and encouragement. No attempt is made to point
out gaps or inconsistencies in the interviewee’s story. Level one is also used
for the preliminary inquiry during the precontact section of the initial phase.
While obtaining details regarding the matter under investigation, it isn’t
appropriate to challenge the information provided. There will be a time
for that later, if necessary.
Level Two
Level two, used from between points C and D to point F on the flowchart,
represents the greatest amount of general review and minimal encourage-
ment. Compared to level one, in this level there is more effort to use these
tools. No gaps in the interviewee’s story are pointed out or challenged, but
some effort is made to clarify details. The “bones” discussed in Chapter 9 are
used to draw out the truth. At this intensity level, interviewees may, through
verbal and nonverbal signs, indicate that they are trying to dodge your ques-
tions or are providing dishonest answers.
Level Three
Used between points F and I of the flowchart, intensity level three involves
specific review and persistent encouragement. At this level, the interviewer
discusses any inconsistencies that he noted earlier in the interview. This is
not a time to interrogate but rather a time to revisit investigative detail.
The interviewer must be bold enough to state clearly that there are incon-
sistencies that must be resolved. The investigator tries to persuade the inter-
viewee that it is inevitable that the truth will eventually be discovered.
During this level, culpable interviewees will probably reveal further signs
of their deception. Then it is time for the interviewer to take on the role of
interrogator and look for an admission or a confession. The interviewer puts
on a different hat, so to speak, becoming assertive and more determined.
Between points H and I of the interview process, the interrogator begins
to sell the subject on the idea of telling the truth to “get this thing cleared
up.” Having taken this road, the interrogator cannot back down—unless he
becomes convinced that it’s the wr
ong direction.
Don’t rush to use intensity level three with interviewees as soon as you
notice inconsistencies. Make it a general rule to tune in to inconsistencies
Setting, Location, Intensity, and Approach in the Interview
123
during the primary phase without pouncing on interviewees because of
them. Throughout the interview, gradually focus attention on the inconsis-
tencies and become more assertive in pointing out gaps in the interviewee’s
story. Become less accepting of excuses while you begin to challenge the
patterns of deception. Sell the interviewee on the idea of willingly divulging
the truth.
Level Four
Level four, used between points I and K on the flowchart, represents a
greater intensity of specific review and persistent encouragement than level
three. Sometimes even the victim is found to be lying and is then interro-
gated. Most interviewees never reach this level of interaction, however,
because the investigator decides that they are being truthful. Remember that
it is a mistake to interrogate everyone as though they were guilty or decep-
tive. Level four reaches its greatest intensity between points J and K as the
interrogator attempts to gain an admission or a confession. (A confession
includes several significant incriminatory statements, whereas an admission
is one or more incriminatory statements of a more minor nature.) This level
of intensity includes greater efforts to help the subject rationalize and save
face while she confesses total or partial responsibility for the matter under
investigation.
Level Five
Level five is used between points K and M on the flowchart. It represents
about the same intensity of specific review and persistent encouragement
as in level four; however, level five represents more effort by the investigator in reviewing and encouraging more focus of energy and determination. The
interrogator moves closer to the subject while showing a greater degree of
certainty that the subject committed the crime. More persuasion is used in
level five to sell the subject on the idea to confess. By this point in the interrogation, your subject may have provided an admission but not a complete