Criminal Interrogation and Confessions / Edition 5

by Fred E. Inbau, John E. Reid, Joseph P. Buckley, Brian C. Jayne

Overview

Criminal Interrogation and Confessions, Fifth Edition presents the Reid Technique of interviewing and interrogation and is the standard used in the field. This updated Fifth Edition presents interviewing and interrogation techniques, based on actual criminal cases, which have been used successfully by thousands of criminal investigators. This practical text is built around simple psychological principles and examines interrogation as a nine-step process that is easily understood by the reader. New and Key Features of the updated Fifth Edition: -The text contains updated photographs throughout to illustrate behavior symptoms; the proper room setting and positioning; as well as the placement of electronic recording equipment. -Every chapter of the text includes updated information. -Chapter 9 (Behavior Symptom Analysis) contains new research that has been conducted on the efficacy of behavior symptom analysis, as well as building for the reader the behavioral model of the truthful individual versus the subject who is withholding or fabricating relevant information. -Chapter s 7 through 12 discuss in detail how to build the investigative interview, including the proper use of both investigative and behavior provoking questions, as well as guidelines for evaluating the credibility of allegations, and the proper use of follow-up and bait questions. -Chapter 15 (Distinguishing between True and False Confessions) has been updated to include new cases throughout and contains two new sections; "The Issue of False Confessions in the Courtroom – The Testimony of Expert Witnesses" and “The Issue of False Confessions in the Courtroom – Court Decisions”. -Chapter 17 discusses all of the legal issues related to interrogation and confession law, including Miranda, the meaning of custody, the use of threats and/or promises, the use of deception, and confession voluntariness. The chapter contains update legal references including 2011 court decisions.

Product Details

ISBN-13:	9780763799366
Publisher:	Jones & Bartlett Learning
Publication date:	10/03/2011
Edition description:	5
Pages:	472
Sales rank:	967,614
Product dimensions:	6.90(w) x 9.00(h) x 1.10(d)

About the Author

Fred E. Inbau is the Late John Henry Wigmore Professor of Law Emeritus, Northwestern University, Chicago, Illinois.

John E. Reid is the Late President of John E. Reid and Associates, Chicago, Illinois.

Joseph P. Buckley is a forensic interviewer, detection of deception examiner, lecturer, and consultant. He is the President of John E. Reid and Associates in Chicago, Illinois and has been with the firm since 1971. Mr. Buckley is co-author of the books The Investigator Anthology and Criminal Interrogation and Confessions, as well as numerous articles and papers. He is a contributing author to the Encyclopedia of Police Science and the Encyclopedia of Security Management, a member of the International Association of Chiefs of Police, the American Society for Industrial Security, the American Management Association, the Chicago Crime Commission, as well as numerous other professional organizations, and he has lectured extensively to law enforcement, government, and business groups.

Brian C. Jayne is a forensic interviewer, detection of deception examiner and lecturer. He is the director of research and development for John E. Reid and Associates, where he has been employed since 1978. Mr. Jayne is co-author of The Investigator Anthology, Criminal Interrogation and Confessions, Electronic Recording of Interrogations, and has published dozens of articles and studies in the field of detection of deception, including three sponsored by the National Security Agency. Mr. Jayne has testified as an expert witness in Military, Federal, and State trials in the areas of detection of deception, behavior symptom analysis, and interrogation.

Table of Contents

Preface vii

Introduction xi

Part 1 Preliminary Considerations 1

Chapter 1 Distinctions Between Interviews and Interrogations 3

Characteristics of an Interview 3

Characteristics of an Interrogation 5

Benefits of Conducting an Interview Before an Interrogation 6

Conclusion 7

Chapter 2 Obtaining and Evaluating Factual Information 9

Developing the Case Facts 9

Conclusion 18

Chapter 3 Case Solution Possibilities 21

Evaluating Possible Motives 22

Evaluating Characteristics of the Crime 24

Conclusion 32

Chapter 4 Initial Precautionary Measures for the Protection of the Innocent 35

Eyewitness Identifications and Motivations for False Accusations 35

Repressed Memories 37

Intent Issues 39

Circumstantial Evidence 40

Chapter 5 Privacy and the Interview Room 43

Privacy 43

Minimize Reminders of Consequences 45

Suggestions for Setting Up the Interview Room 46

Chapter 6 Qualifications, Attitude, and General Conduct of the Investigator 55

Interviewer Qualifications 56

Initial Interview Procedures 57

Investigator Demeanor During an Interview 57

Interviewing Approaches for Difficult Suspects 62

Interrogator Qualifications 64

Investigator Conduct During an Interrogation 65

Conclusion 69

Part 2 Interviewing Techniques 71

Chapter 7 Preparation and Starting the Interview 73

Formal Versus Informal Interviews 73

Arranging the Formal Interview 74

Preparing for the Interview 76

Establishing Rapport 77

The Use of an Introductory Statement 78

Conclusion 82

Chapter 8 Formulating Interview Questions 85

Asking an Initial Open Question 86

Asking Direct Questions 93

Asking Follow-Up Questions 97

Conclusion 99

Chapter 9 Behavior Symptom Analysis 101

Overview 101

Underlying Principles of Behavior Symptom Analysis 104

Evaluating the Subject's Attitudes 108

Evaluation of Verbal Behavior 111

Evaluation of Paralinguistic Behavior 117

Evaluation of Nonverbal Behavior 121

Chapter 10 Precautions when Evaluating Behavior Symptoms of Truthful and Untruthful Subjects 139

Initial Assessment of the Subject 139

Behaviors Common to Both Truthful and Deceptive Subjects 142

Factors That May Lead to Misinterpretation of Behavior Symptoms 144

Conclusion 152

Chapter 11 The Behavior Analysis Interview 153

Introduction 153

The Behavior Analysis Interview 154

Response Models for Behavior-Provoking Questions 155

Actual Case Presentation 163

Analysing the Suspect's Responses 167

Chapter 12 The Use of Specialized Questioning Techniques 171

The Use of the Baiting Technique 171

Other Specialized Questioning Techniques 176

Part 3 Interrogation Techniques 183

Chapter 13 The Reid Nine Steps of Interrogation® 185

General Classification of Offenders 185

Brief Analysis of the Nine Steps of Interrogation 187

Preliminary Preparations for Applying the Nine Steps 191

Step 1-Direct, Positive Confrontation 192

Step 2-Theme Development 202

Step 3-Handling Details 255

Step 4-Overcoming Objections 276

Step 5-Procurement and Retention of a Suspect's Attention 281

Step 6-Handling the Suspect's Passive Mood 287

Step 7-Presenting an Alternative Question 293

Step 8-Having the Suspect Orally Relate Various Details of the Offense 303

Step 9-Converting an Oral Confession into a Written Confession 310

Chapter 14 Recommendations for Interrogators 329

The Exercise of Patience and Persistence 329

Interrogation of Witnesses and Other Prospective Informants 333

Chapter 15 Distinguishing Between True and False Confessions 339

Categories of False Confessions 340

Confession Voluntariness 343

Confession Treastwarthiness 348

Confession Combination 354

Interrogation Research 362

Conclusion 366

The Issue of False Confessions in the Courtroom-The Testimony of Expert Witnesses 367

The Issue of False Confessions in the Courtroom-Court Decisions 370

Chapter 16 Testifying on a Confession 379

Testimony Preparation 380

The Court's View of the Witness 382

The Witness's Behavioral Responses to Questions 385

Direct Testimony 390

Cross-Examination 393

Conclusion 397

Chapter 17 Interrogation and Confession Law 399

Introduction 399

Constitutional Rights 400

Permissible Interrogation Techniques 415

Summary 430

Appendix A The Behavior Analysis Interview in a Homicide Case 443

Index 451