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Interviews and Interrogations Policy Paper

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Interviews and Interrogations Policy Paper

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In the security and law enforcement industry, interviews and interrogations are a way that officers can gathers facts and information about a situation, incident, or case. For security and law enforcement officers interviews and interrogations play a key role in building and solving cases. This paper will discuss the comparison and contrast between security interviews and security interrogations, the legal issues associated with security interviews and interrogations, and finally a security organization policy on conducting security interviews and interrogations. Interviewing and interrogating suspects are two important but separate vital aspects of collecting information about criminal activity. The difference between an interview and an interrogation is that security professionals conduct interviews, and law enforcement officers can conduct both. When a security officer conducts an interview, the main purpose is to collect information from individuals who may have witnessed a crime. At first, the facts are not known and the individual is not accused of a crime, and the setting is meant to be comfortable and have an open dialogue. With interrogations the goal is to obtain reliable information to provide to the prosecutor and to the judge or jury so they have an accurate account of the crime. The setting of an interrogation is formal and in a controlled environment conducted, only after the individual has been accused of a crime, and read their Miranda rights. When conducting either interviews or an interrogation, the most important thing is communication. Prior to the start of either one, the interviewee must be prepared with questions they want to ask, or other known facts about the case. Professionalism plays an important role while questioning or interviewing witnesses or suspects. If the interviewer was to go into the setting unprepared, the individual will have doubts about the credibility of the interviewer, thus leaving them less likely to divulge important information. When a potential suspect sees that the individual conducting the interview does not have all the facts, or has the wrong facts about the incident, the suspect will believe they have a chance of getting away with the crime and will therefore withhold information. That is why being fully prepared for either incident is the best way to go so that all of the facts are in place for the prosecution of the suspect. When conducting non-accusatory interviews such as cognitive interviews, the main focus is to reconstruct the details of an event in a witness’ mind in different ways that will improve their overall recollection of the events. There are four techniques that are used for this process and they are as follows; a. Reconstruct the circumstances surrounding the event. The witness is asked to reconstruct how the incident began and the circumstances that surround it. The witness is asked to think about the important details such as the environment and the conditions of the area, as well as their emotional state of mind during the time of the occurrence (Wicklander, 1993).

b. Instruct the witness to report everything and to not leave out any details whether those details are big or small ones, or they seem important or not so important.

c. Recall the events in a different order, and then ask the witness to describe the details of the events in reverse or from the middle and then to describe the details again from either one of those points of information.

d. Change perspectives and ask the witness to put themselves in another person’s shoes who might have witnessed other details and try to consider what they might have seen and from what other locations they could have been seen from (Wicklander, 1993).

When conducting witness interviews, the interview itself should remain non-accusatory so that witness will be more likely to give more details surrounding the events leading up to the incident. Upon completing the required interview with the witnesses, the investigator should return to the crime scene so that it can be thoroughly searched for any evidence as well as make sure that they have interviewed any and all witnesses. Victim Interviews should be conducted in a delicate manner so that the individual is not distressed any more than they already are. The victim’s health and personal safety are of the highest priority and therefore the interviewer must be patient and be willing to wait until the victim is ready to give their statement. There are serious legal issues involved when interviewing or interrogating a witness or suspect. Knowing these legal issues will ensure an effective and legal interview or interrogation. Not adhering to these laws can result in a guilty suspect’s confession being thrown out in a trial, and possibly leaving the organization liable for punitive and criminal damages. The most important legal issue when interviewing or interrogating a suspect that has been taken into custody is the reading of their Miranda rights. The Miranda rule states that a person must be warned 1. That he or she has a right to remain silent; 2. That any statement he or she does make may be used as evidence against him or her; 3. That he or she has a right to request the presence of an attorney; 4. That if he or she cannot afford an attorney, one will be appointed prior to any questioning if he or she so desires (Knoll, 1998). Investigators also walk a fine line between what is legal and what is illegal when obtaining a confession from a suspect. According to New Mexico Law Enforcement Academy (n.d.), “Every statement, admission or confession must be voluntarily given. A confession given because police officers use coercion is inadmissible in court. Coercion is a broad term that includes fear, hope of reward, or an improper inducement. If the statement wasn’t voluntary, all the Miranda warnings put together won’t undo the damage” (para. 4). An investigator must also be very careful while questioning suspects and the legal issues involved with trickery and deceit. There are legal differences between an investigator’s false beliefs and making false statements while interrogating a suspect. False beliefs and false statements are generally accepted but taking a false statement too far can be illegal. An example of a false statement being taken too far along with falsified evidence is telling the suspect his DNA was found at the crime scene when knowingly it was not, and creating false DNA report with the suspects name on it. Investigators must also strictly follow the 5th and 6th Amendments when interviewing or interrogating a suspect. The 5th Amendment refers to the suspect’s right to remain silent. Investigators cannot force a suspect to say anything that could possibly incriminate himself. The 6th Amendment refers to having legal counsel present when questioning. Investigators cannot interrogate a suspect after she asserts her "counsel right" unless she initiates a subsequent interview, or her counsel is present (New Mexico Law Enforcement Academy, n.d.) The following policy has been established by the company, in accordance with the State policies of private security, and serves as a standard of conduct for security officials during interviews and interrogations. While interviews and interrogations serve as a vital portion of the overall security within the company, these tasks must be performed in accordance with the standards detailed in this document or the results of these interviews may not be able to be used by security. Interviews shall be considered discussions with persons of interest or with victims, and are not to be considered accusatory against the person being interviewed. The interviewing official shall inform all persons involved with the interview that they are not being detained or arrested, and that the interview is intended to collect information regarding a specific instance. These interviews shall be conducted in a professional manner with one security official and at least one witness to validate all correspondence during the interview. At any time the person who is being interviewed wishes to leave the room, and stop the discussion, shall be permitted to do so without consequence or suspicion. Interrogations shall be considered discussions with a person of interest of a crime, at which time the person is not free to leave the interrogation room. The officer conducting the interrogation shall inform the person of interest of their rights and the reason that they are being detained for the interrogation as well as having release forms signed prior to conducting the interrogation. Additionally, all interrogations shall be recorded using audio and video, and shall be conducted with at least two personnel so the records of the interrogation can be validated. Prior to the interrogation being conducted, the security official shall gather all evidence and have a clear track of questioning prepared to cover the issue at hand. If the person whom is being interrogated confesses to a crime, or incriminates him or herself, the official shall immediately read the person their rights and turn the person over to the authorities. All actions related to both the interview and interrogation process shall be documented and in compliance with local, state, and federal laws. Security officials shall cooperate fully with local law enforcement as needed during the investigation process. The security officials within the company who conduct these interviews and interrogations are not sworn police officers and shall not place persons under arrest. However, these security officials do have the right to detain persons of interest in order to obtain the facts regarding instances within the company. All in all, interviews and interrogations can be similar, but can also have many differences when applied. There is a lot that security and law enforcement officers have to take into account when conducting interviews or interrogations to insure that everything remains legal. This paper discussed the comparison and contrast between security interviews and security interrogations, the legal issues associated with security interviews and interrogations, and finally a security organization policy on conducting security interviews and interrogations.

References
Knoll, J. J. (1998). Legal Aspects of Interrogations. Retrieved from http://www.kscoplaw.com/outlines/interrogate.html
New Mexico Law Enforcement Academy. (n.d.). How Constitutional Right Affect Interrogation. Retrieved from http://www.nmlea.dps.state.nm.us/legal/documents/Miranda.pdf
Wicklander, D. &. (1993). Proactical Aspects of Interview and Interrogations. Boca Raton : CRC Press.

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