CJ 111 Principles of Criminal Interrogation • 5 Cr.
Reviews principles and techniques of interviewing in a crime-related situation. Students learn to work with victims, witnesses, and suspects and to detect deception. Topics include constitutional amendments that apply to individuals charged with criminal offenses.
After completing this class, students should be able to:
- The student will be able to define the terms 'interrogation' and 'interview', and be able to differentiate between conditions involving an interview rather than an interrogation.
- The student will develop an appreciation for the various sources of information available prior to an interview or interrogation session.
- The student will be aware of the personal attributes of a successful interview.
- Preliminary Preparations
- The student will learn how to gather background information on victim(s), witness(es) and informant(s).
- Approach Classification
- The student will be able to classify the subject of interrogation by age and sex, guilt certain-uncertain, emotional or non-emotional offender.
- The student will be able to list the necessary requirements of an interrogation interview room.
- The student will be able to define the terms 'admission', 'confession' or 'statement'.
- Interrogation and the Law - Fourth Amendment
- The student will develop an appreciation of the Fourth Amendment rights of search, seizure (arrest) and questioning.
- The student will be aware of the provisions of Katz versus U.S. and Lopez versus U.S. as they apply to illegal bugging, eavesdropping and casually overheard conversations.
- The student will be well acquainted with the fact that an illegal arrest will invalidate a legal confession.Interrogation and the Law - Fifth Amendment
- The student will understand the ramifications of Miranda and how to work with this ruling.
- The student will be able to distinguish between a custodial arrest situation and a non-custodial situation and how to structure legal non-custodial situations.
- The student will learn what techniques not to use in an interrogation situation focusing on the elements of isolation, prolonged interrogation, compulsory statements and good guy-bad guy techniques.
- The student will learn how to conduct an interrogation of a subject who has counsel present.
- When to use/not use the Miranda Warning
- The student will be familiar with landmark cases involving use or non-use of the Miranda Warning, and the message given to law enforcement by these decisions.
- The student will learn how to use these court rulings, while conducting interrogations.
- The student will know who must be admonished as well as how often this might be necessary.
- The student will be familiar with the court findings of People versus Braeske, as well as the implications of the public safety issue as raised by New York versus Quarles, People versus Dean and People vs. Riddle.
- The student will know who must Mirandize and who do not have to Mirandize.
- The student will be able to understand the implications of acting as a police agent in conducting interrogations.
- The student will fully know the limitations placed on the police in conducting interrogations and the lack of limitations placed on storekeepers, employees and security guards.
- The student will be aware of what the "Court" considers ambiguous responses when invoking Miranda, and how to deal with them.
- The student will be familiar with the provisions of Smith versus Illinois, Oregon versus Bradshaw, and Miranda, footnote 44, and how to make the law work in his favor.
- Interrogation and the 14th Amendment: Voluntariness - the Due Process Clause
- The student will know how to apply the provisions of the landmark cases of Jackson, Mincy, Colombe, Watts, Wau, and Bram.
- The student will learn what language and expressions the court views as "dangerous", and in violation of the 14th Amendment.
- The student will be able to recognize what could be considered as impaired capacity by the "court".
- The student will be able to classify a suspect into the basic classifications of guilt, certain or doubtful.
- The student will know several techniques to use with persons classified as emotional offenders.
- The student will be able to recognize the various physiological and psychological symptoms of guilt displayed by the offender under interrogation.
- The student will know which tactics and techniques should be used for interrogating a subject whose guilt is uncertain.
- The student will learn how to challenge a subject to submit to polygraphexamination.
- The student will learn several styles of recording information for interrogation purposes including the narrative form and the question-and-answer form.
- The student will learn how to identify a subject's truth-telling style.
- Specific Subject Types
- The student will become familiar with the special types of people encountered in an interview/interrogation setting and how to classify them for purposes of selecting the best technique for successful interrogation when dealing with the garrulous or drunken or reserved type of person.
- The student will know how to deal with the potential dying declaration situation and how it relates to the hearsay rule of law.
- The student will know how to separate the pathological liar from the willing confessor and from the remorseful.