Clear expression is not difficult to achieve, but it does take practice.
Always write just the facts when you are taking notes or writing your report.
Evidence
49
A statement is the literal reproduction of the actual words spoken by the
interviewee. Be a creative listener, use skillful phrases, and ask questions
politely. First listen, and then write notes. Be supportive and encouraging.
There are five basic steps in writing a report as listed below.
1. Gather the facts (investigate, interview, interrogate). What are you
going to tell us?
2. Take notes and record the facts as soon as possible
3. Organize the facts; create an outline and bullet points.
4. Write the report—just the facts. Decide how many words you want to
write for each part of the report.
5. Edit and revise your report.
Good notes are a prerequisite for a good report, and they share many of the
characteristics of a good report. When you’re taking notes, organize your
information, then report it in chronologically arranged paragraphs. Keep
your writing straightforward and simple.
Characteristics of a Well-Written Report
A well-written report indicates that you have done your job and that you
recognize your responsibilities to your client, corporation, or community.
A well-written report reflects positively on your education, your compe-
tence, and your professionalism, and it communicates better than a poorly
prepared report.
Well-written reports share the following characteristics:
•
Factual. Facts make up the backbone of all reports. A fact is a statement
that can be verified and known as a certainty. Black’s Law Dictionary
defines a fact as a thing done; an action performed or an incident tran-
spiring; an event or circumstance; an actual occurrence. Present your
facts, draw your conclusion, and stipulate which is which. A well-written
report does not contain unidentified opinions.
•
Accurate. Just as there are rules for spelling, capitalization, and punctua-
tion, there are rules for word choice. Ensure accuracy by being specific in
your language and by choosing the most appropriate words for each sit-
uation. Avoid jargon, which creates confusion.
•
Objective. A good report is fair and impartial. Subjective writing might be
more colorful than objective writing, but it has no place in a report. You
can ensure objectivity in your reports by including all relevant facts and
by avoiding words with emotional overtones. Specific types of crime
require different information, but you will frequently need certain
50
The Art of Investigative Interviewing
general information. You will want to include the who, what, when, and
where questions that should be answered by factual statements. The how
and why statements may require inferences on your part. When this is the
case, and especially when addressing the question of motive, clearly label
your opinions. Avoid personal opinions.
•
Complete. A report should give as full an account as possible. To avoid
slanting your report, record all possible motives reported to you, no mat-
ter how implausible they may seem.
•
Concise. The information you choose to include should be worded as con-
cisely as possible; no one wants to read a wordy report. You can reduce
wordiness two ways: (1) Leave out unnecessary information, and (2)
use as few words as possible to record the necessary facts. Avoid vague
phrases such as “a long time ago” or “sometime in the winter.” You need
to create a detailed report, and these phrases do not provide such detail.
•
Clear. Clarity, one of the most important characteristics of a well-written
report.
•
Mechanically correct. Be sure to use correct spelling, capitalization, and
punctuation in your report. A report riddled with errors in these areas
gives a poor impression of its writer and the writer’s actions.
•
Written in standard English. When you translate your ideas into words, fol-
and good grammar. Keep your sentences short and language simple and
concise. Do not use jargon or texting phrases that are not complete
sentences.
•
Legible. An illegible report gives a poor impression of the writer and a
distorted explanation of who said what. Reread and edit your report,
or even better, have another person proofread your report for accuracy
and grammatical errors.
•
On time. A report that is submitted late reflects negatively on the report writer.
Make your reports, like all your other communications, as clear and direct as
possible. The following suggestions will help ensure that your reports can be
easily understood:
•
Use the first person. That is, write I instead of the investigator or the inter-
viewer. First-person writing is recommended for law enforcement reports
because it is direct.
•
Write in past tense throughout your report.
•
Write in active voice. For example, say, “I asked Jane Smith . . .” rather
than “Jane Smith was asked . . ..” The active voice clearly indicates who
performed the action.
Evidence
51
•
Be objective.
•
Correctly modify details to be included.
•
When using pronouns, be sure it is clear to whom they refer.
•
Don’t use police lingo.
•
Don’t use slang.
•
Use parallelism. That is, use the same type of structure for similar parts of
a sentence.
•
Choose your words carefully. Avoid legal, technical, unfamiliar, and
slang words.
•
Include specific, concrete facts and details.
•
Keep descriptive words and phrases as close as possible to the words they
describe. Use correct grammar.
•
Use diagrams and sketches to clarify a complex description.
•
Quality reports are always typed, using paragraphs, past tense, and first
person. Remember that all reports are a permanent written record of
your case.
TESTIMONY IN A COURT OF LAW
Testimonial evidence is the foundation of both criminal and civil litigation
and is often the subject of cross-examination. Evidence presented for
consideration in court cannot intentionally be tainted. It cannot be tam-
pered with and still be credible and trustworthy. True professionals
maintain the integrity of the evidence and deserve society’s honor and
respect.
During a trial, attorneys often seek to impeach, or discredit, witnesses
for the opposing side. Most states allow the credibility of a witness to be
attacked during a trial. This is usually done by challenging the truthfulness
and
consistency of the witness’s statements. Investigators are obligated to
tell the truth, whether in court or when giving a legal deposition. “From
the opposing attorney’s point of view, the purpose of the deposition is to
create a record for future impeachment.” The deposition process can be a
lengthy one. Be patient. Hide your desire to get it over with. You will
need to show toughness, resolve, and a willingness to stay as long as
necessary. 4
4 Jack v. Matson, pp. 41–42.
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The Art of Investigative Interviewing
REVIEW QUESTIONS
1. Identify the three types of evidence and give two examples of each.
2. What is the difference between interviewing and interrogating?
3. Why must a confession be voluntary, and what might happen if a con-
fession is not obtained voluntarily?
4. What are the four Miranda warnings?
5. When are we legally required to give the Miranda warnings? Discuss
specific situations.
6. How has the U.S. Supreme Court defined interrogation?
7. Is a confession legal if a private security person compels someone to
confess?
8. Identify at least three legal interrogation tactics.
9. Is it permissible to use trickery when trying to obtain a confession?
10. Why is it important for the court to consider “the totality of the cir-
cumstances” under which evidence is located, collected, and
preserved?
11. List the five basic steps in writing a report.
12. What are the 10 characteristics of a well-written report?
13. What is a fact?
14. How can you ensure objectivity in your reports?
15. What can you do to make your reports clear?
6
CHAPTER
Public and Private Interviewing
Whether from the public or private sector, first-class investigators resemble
each other more than they differ. They are successful because they share
well-practiced skills, a high degree of perception, and a positive attitude.
For the purposes of this chapter, we define public investigators as official
law enforcement agents, such as state or local police officers. We define pri-
vate investigators as licensed private detectives, private investigators, asset
protection, security management, or loss prevention specialists. Although
the number of investigators in the public sector generally remains steady,
the number of investigators in the private sector is growing. This chapter
reviews some distinctions between the kinds of crimes public and private
detectives investigate (with particular attention to white-collar crime) and
the procedures they follow.
The fundamental difference between public and private investigations is
the objective. In the public sector, the objective is to serve the interests of
society. 1 The primary objective of the investigative process in the private sector is to serve the interests of the organization, company, or client that
employs the investigator. What might serve the best interests of society
may differ from what might be in the best interests of the organization or
client. In the private sector, my primary concern as a private investigator
might be recovering an asset or obtaining a statement. Since I would be
working for a client, my tasks or project will be defined by the client. In
the public sector, the main concern is prosecution. In the public sector,
the investigator knows that the victim is society, whereas the private inves-
tigator’s victim could be the shareholders of a company or an organization.
Various perceptions and objectives have a direct impact on the strategies
and character of the investigation process. This leads to other differences in
the interviewing process as well, such as choices and decisions based on
whether this is a private investigation or a public one. The public investiga-
tor represents the sovereignty of government, the authority of which is
vested in laws, both constitutional and statutory. The source of funding is
ultimately through taxation, whereas the private investigator is hired by
management. Although state, federal, and corporate laws must be followed,
1 Louis A. Tyska, CPP, and Lawrence J. Fennelly, Investigations: 150 Things You Should Know, 1999.
53
54
The Art of Investigative Interviewing
there are plenty of differences, including limitations on government records,
authority, detention, interview process, Miranda warning, and arrest.
REPORTING AND CLASSIFYING CRIME
Before we continue, let’s take a brief look at how crime is reported and clas-
sified. We will look at the United States, Canada, and the United Nations-
affiliated European Institute for Crime Prevention and Control.
The Criminal Code of Canada sets out three main offense classifications,
which are as follows:
1. Purely summary conviction offenses. These offenses are the most
minor.
2. Purely indictable offense, the most serious offenses. The majority of
criminal charges in Canada are hybrid offenses such as DUI and assault
charges.
3. Hybrid offenses, more serious than the most minor, follow the sum-
mary conviction offenses. These proceed summarily (less serious) or
by indictment (more serious), depending on the classification the pros-
ecutor chooses.
Canada has a Uniform Crime Reporting Survey (UCR) that was designed
to measure the incidence of crime in Canada and its characteristics. This sur-
vey is used by federal and provincial policy makers. The Canadian Centre for
Justice Statistics (CCJS) collects police-reported crime statistics through the
Uniform Crime Reporting Survey.
In Europe there are several agencies that collect crime data:
•
European Institute for Crime Prevention and Control, Affiliated with
the United Nations (HEUNI), located in Finland.
•
The United Nations Office on Drugs and Crime (UNODC), located in
Vienna, Austria, collects data on crime and provides analysis to the inter-
national community. The UNODC works on developing standards for
national crime and criminal justice information systems and for victim-
ization surveys. Through collecting periodic reports on selected crime
issues, they can provide in-depth analysis on issues that are global and
regional. Another initiative is Data for Africa, which collects and analyzes
data and trends in drugs, crime, and victimization in African countries.
•
The United Nations Survey on Crime Trends and Operations Criminal
Justice Systems (abbreviated as UN-CTS) collect basic information on
recorded crime and on resources of criminal justice systems in member
regions such as Europe and North America.
Public and Private Interviewing
55
In the United States, city, county, and state law enforcement agencies keep
track of the yearly incidence of various crimes in their jurisdictions. Com-
piled by volume and frequency, these statistics are sent to the Federal Bureau
of Investigation (FBI), which issues the annual Uniform Crime Report. The
FBI classifies the most serious crimes, such as
murder, rape, and robbery,
as Part I offenses. These crimes, which are the most likely to be reported
to the police, serve as the major index of crime in the United States. The
crimes listed as Part II offenses are considered less serious—that is, less harmful to individuals and less damaging to society. The FBI considers fraud and
embezzlement to be Part II offenses. The federal guidelines define fraud
as “fraudulent conversion and obtaining money or property by false pre-
tenses (confidence games and bad checks, except forgeries and counterfeit-
ing, are included)” and embezzlement as “the misappropriation or
misapplication of money or property entrusted to one’s care, custody, or
control.” Fraud and embezzlement cost U.S. businesses billions of dollars
each year. To control their losses, many companies have established their
own security or loss prevention staffs to investigate these crimes. More often
than not, the police are never notified when these crimes occur.
Offense Definitions
This section is reprinted, with permission, from Appendix II - Offenses in
Uniform Crime Reporting, from Crime in the US 2004, Department of
Justice, FBI. The Uniform Crime Reporting (UCR) Program divides
offenses into two groups: Part I and Part II crimes. Each month, participating
law enforcement agencies submit information on the number of Part I offenses
that become known to them; those offenses cleared by arrest or exceptional
means; and the age, sex, and race of persons arrested for each of the offenses.
Contributors provide only arrest data for Part II offenses.
The UCR Program collects data about Part I offenses to measure the
level and scope of crime occurring throughout the nation. The program’s
founders chose these offenses because they are serious crimes, they occur
with regularity in all areas of the country, and they are likely to be reported
to police. The Part I offenses are as follows:
•
Criminal homicide. (a) Murder and nonnegligent manslaughter: the willful
(nonnegligent) killing of one human being by another. Deaths caused by
negligence, attempts to kill, assaults to kill, suicides, and accidental deaths
are excluded. The program classifies justifiable homicides separately and
limits the definition to: (1) the killing of a felon by a law enforcement