Criminal Investigation chapter 6 review
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Victim interview 3 step process
- 1) through preparation - carefully research and prior to interview, determine:
- a) the nature of the crime
- b) identity/background of the victim
- c) emotional state of the victim
- 2) face to face questioning.
- a) involves many "retellings" (not a single account)
3) Conclusion... this is the closing attitude left with the subject
characteristics of Emotionally affected victim
(5 stages of grief minus bargaining)
Direct contact victims: have special needs, can have long-term emotional reactions
1)shock/denial - deny an emotionally shocking experience
2) Frustration/anger - inward blaming or anger towards others
3) Extreme depression/detachment
Legal requirements of witness reliability
3 parts... whether or not they are reliable witnesses
1) conscious - (EX: not sleep walking, or sleeping)
2) physically present - (ex: cant be driving by on the freeway, need to be there)
3) psychologically and mentally attentive - (EX: can not be clinically insane or can not be on certain drugs like acid or lsd)
list the various personality types that are encountered by investigators
4) obsessive compulsive
Define the personality of a psychologically normal person
most commonly encountered
experience some degree of guilt
(investigators try to use their guilt/fear)
define the abnormal personality type of a psychopath
2nd most common and most common Abnormal type
Emotionally immature, highly compulsive, lacks social responsibility, abnormal emotional and psychological development
(investigators try to use flattery and appeal to their ego.
define the abnormal personality type of a paranoid person
Fixed Delusions, suspicious nature, resentful and bitter
Investigators try to use Non-threatening, concern, reassurance, gain trust and understanding`
define the abnormal personality type of a obsessive compulsive person
Fixates or irrationally focus on a thought, idea or other person
investigators use a Warm-up phase, indirect/benign questions
define the abnormal personality type of a psychotic person
Grossly distrurbed, commit bizarre crime, sometimes violent, lack typical motive
(investigators) questioning usually useless
Vocab: Cognitive interview method
a questioning process based on cognitive psychology and the scientific study of memory
what techniques and methods does the Cognitive interview method use and emphasize?
it is a questioning process based on cognitive psychology and the scientific study of memory
it emphasizes memory retention, perception and communications
it uses techniques that aid in retrieving and elaboration on information recalled from memory
Questions are designed to improve and focus on memory recall
4 step/phase process of cognitive interviewing?
step/phase 1) a general reconstruction of the incident
step/phase 2)encourage reporting all information freely
step/phase 3) recall events in a different order
Step/phase 4) change Perspectives
Types of cognitive questions?
physical appearance ?
Physical appearance? do they remind you of someone or look like someone, similar height/build
Names? - go through the alphabet with them
Numbers? - high or low? digits and letters?
speech? - who do they sound like? who and why? inflection? do they have a accent? where from (is it Mexican or Colombian accent)
Conversation - what were their reactions to what was said? unusual words/ phrases (did they use a form a expression that is/isn't common to a place)
What are the basic Interview techniques for the suspect interview?
1) use open-ended questions (to get a better response)
2) always maintain control (don't let them start asking the questions)
3) use silence to your advantage (silence makes people uncomfortable, and they will volunteer a response to fill the void)
4) pay close attention to what is said First - choice of words matter (often the first thing said can either have a bit of truth to it or can be used later to "trip up" a lying suspect
5) false supportive phrases indicate lack of confidence - from phrases such as "actually" "definitely" or "to tell the truth"
the use of forceful or physically compelling means to obtain information
the use of mental compulsion to obtain information, usually involving the imposition of restrictions or restraints on physical behavior
significance of miranda v. Arizona to the interview process
gave way to Miranda Warnings
- 1) right to remain silent
- 2) anything you say can and will be held against you
- 3)you have the right to an attorney present during interview
- 4) if you cannot afford an attorney, one will be appointed to you
the significance of Escobedo v. illinois to the interview process
Police can't deny a persons right to counsel.
Escobedo was denied counsel during interview, later confessed, and his conviction was overturned
the significance of Minnick v. Mississippi to the interview process
police cannot restart questioning of a suspect without attorneys. once the suspect request a lawyer
the legality of admissibility of polygraph examinations
they are not generally accepted as evidence in criminal proceedings.
however if both attorneys agree not to object (legal stipulation) than the results can be allowed in most states...
Suspects must willingly agree to take the exam
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