凶杀调查手册:审讯
500.问询和审问(Interview and Interrogation
There are several interview and interrogation methods and techniques that are employed by investigators throughout the United States. However,
the best training, the most suitable environment, and effective props are no guarantees that a suspect will confess, admit or even speak with investigators.
In addition to
understanding a suspect’s motivation, how to introduce evidence into the dialogueand various other things, an investigator must also be able to focus and communicate effectively.
Unless explicitly stated, there is no expectation of privacy in the presence of a peace officer, in a police vehicle, in a police facility, or in a custodial environment. Audio and video recordings can be very compelling pieces of evidence in that they provide additional insight and perspective and are difficult to refute.
With this in mind, it is imperative that the homicide investigator understands, is familiar with,and adheres to the many laws and policies that address interviewing and interrogating suspects. This includes placing an undercover officer and/or agent
posing as an inmate or arrestee in a monitored, custodial setting to converse with an adult suspect about a specific incident or event
“Use of Secret Service Funds for Undercover, In-custody Operations,” Robbery Homicide Division shall be responsible for reviewing all requests, providing subject matter expertise, and orchestrating all undercover in-custody operations
involving an adult suspect. Major Crimes Division shall be utilized when the suspect is a juvenile.
Preparing for an interview or interrogation is as important as the encounter itself. The investigator must evaluate each situation and each suspect individually. In some cases, this may mean delegating another team or investigator to conduct the interview or interrogation. It could also mean having others remotely monitor the interaction to focus on the suspect’s body language and responses to certain topics, keep the interrogators on point, and/or conduct computer queries or immediate follow-ups to verify or disqualify a suspect’s alibi
501.问寻人
The homicide investigator must be firm without being harsh, sympathetic without being soft. He/she must keep complete control of him/herself, both physically and mentally. Nervous habits such as tapping, lip chewing, and ear-pulling must always be noticed in a suspect but never practiced by the interrogator.
A suspect’s demeanor during an interview or interrogation can give clues as to his/her truthfulness and the progress, or lack thereof, attained towards a confession.
The interrogator should, in some cases, avoid creating the impression that he/she is a police officer seeking a confession. An interrogator who portrays
the role of one who is merely seeking the truth may be more successful in obtaining truthful
statements from a suspect. This method depends upon the type of suspect you are interrogating.
Some interrogation experts recommend that the interrogator wear suitable business attire to make the interrogation more businesslike. Frequently, because of the effects on a suspect, officers should conceal the most apparent symbol of authority–the weapon. For officer safety, it may be advisable for an investigator to secure his/her weapon in a locker prior to the interrogation.
The interrogator should use terms and language that are readily understood by the suspect. Do not use terms or language that the suspect is unable to comprehend. The interrogator should avoid the use of harsh words or expressions such as “kill,” “steal,” and “confess.” It is more conducive when obtaining an admission or confession to use milder words like “shoot,” “take,” and “tell the truth.” Usually, a suspect should not be told, “You’re lying.” A better expression would be, “You’re not telling me the truth.”
If officers or detectives are trying to obtain information involving an imminent threat to life or property, they have to limit their questions to those which are reasonably necessary to obtain information involving theprotection of life or property from any threats.
An additional issue that may arise during the interrogation of a juvenile subject isthe six-hour time limitation in a secure detention facility. Welfare and Institutions Therefore, the interrogation should be completed within the six-hour time frame.
502.罪犯种类
调查员应当注意在面对不同嫌疑人时采取不同的问询策略,下面将列出几种常见的罪犯类型和响应的注意点。
502/1.帮派相关人士(Gang Member or Gang-Motivated)
在所有犯罪分子中,帮派相关人士最常与LSPD发生接触。
These individuals identify with a group and attain status by committing acts to further the gang’s activities, impress, and/or
intimidate others. Expect this suspect to be aggressive, hostile, and even outwardly defiant. They are likely accustomed to police contact and/or involvement in violent crime and are not dissuaded or intimidated at the prospect of incarceration. Your approach will likely vary depending upon the age, position, and type of gang member you are interrogating (Hispanic, Black, Asian, Armenian, Outlaw Motorcycle).
There may be an occasion where a group of individuals kill someone. Remember, seldom does the whole gang have the same motive when they kill an individual. Usually, one gang member hates the victim for a particular reason and initiates the assault. The others join in, following the lead of their fellow gang member. Be mindful and prepared to address a suspect’s attempts to claim he/she was “forced” to do it. In cases of drive-by shootings with multiple occupants, be prepared to address a suspect’s claim that he/she did not know what was going to happen or their attempts to direct blame on others.
502/2.非专业罪犯
包括初犯、没有暴力犯罪背景的青少年罪犯和轻罪犯罪者,在问询中可能表现出高度焦虑。
502/3.专业罪犯
Professional Criminal. In this context, the term “professional” implies one who has a significant criminal history and who has likely been incarcerated. They have chosen crime as their primary source of activity. It does not refer to their success,
ability or necessarily imply a level of sophistication. The key to an effective interrogation of this murder suspect is knowing the suspect’s motive. Many murders are committed incidental to the commission of another crime (robbery, burglary, rape). The other crime involved may be the key to learning about the murder.
502/4.职业杀手.
This person kills for profit. The amount of money paid to his type of criminal, their depth of experience, and level of skill may vary
significantly. Money is usually the closest thing to a personal motive and this person is often associated with organized crime. It is extremely difficult to interrogate this type of suspect since they have likely have gone to some lengths to separate themselves from their actions and their benefactor(s).
503.准备工作
“知识就是力量”,调查员在问询应全面了解案件的情形,即了解犯罪方式、嫌疑人和被害人,就嫌疑人而言,应包括:
- 个人背景信息,包括年龄、教育程度、犯罪记录、宗教信仰
- 身心是否健康,有无饮酒吸毒史,有无心理疾病
- 与被害人和犯罪现场的关系
- 可能的动机
- 逮捕警员、目击证人的陈述
如果可能的话,在审讯开始前调查嫌疑人的不在场证明或在现场的故事。
503.准备工作
Interrogation of murder suspects shall be audio and/or video recorded. When conducting a recorded interrogation of a suspect, emphasis should be on the following areas to ensure an effective recording.
Obtain the best available room. Avoid background conversation, slamming doors, scraping chairs, ringing telephones, and deliberate interruptions. Ensure that the recording system is working and in operation prior to placing the suspect in the interrogation room.
The Form 05.10.00 interview should be conducted prior to the interrogation. Plan the approach. If two investigators are interrogating the suspect, decide who is to ask the questions. Permit the primary investigator to make the approach, ask key questions, and conclude the interrogation.
The silent partner can then, and only then, ask questions which are thought to be pertinent. Ensure that the interview will not run too long, and that the suspect’s rights are not inadvertently violated.
The Investigator’s Final Report, Form 05.10.00, is an extension of the booking process and is strictly an administrative procedure. An exception exists in cases where the Form 05.10.00 background information is to be a factor, or evidence, against the suspect. Under these circumstances, a Miranda admonishment and either an express or implied waiver would be required prior to obtaining the information. The Form 05.10.00 interview should be tape-recorded in anticipation of potential defense arguments.
504.Taking Statements
The investigator taking the statement
should:
- Arrange seating so the interrogator and the suspect are on the same eye
level and fairly close together. (Distance often creates a barrier.)
- Keep paper and pencils out of sight. Avoid taking notes.
- Avoid great differentiation in voice volume between participants.
- Include date, time, and location of the interview.
- Identify all those present.
- Admonish the suspect of his/her rights. Make sure that the suspect
thoroughly understands his/her rights and then obtain an express or
implied waiver.
- Where it may be questioned, be sure the suspect knows the difference
between right and wrong.
- Give some thought to your phraseology. It will be transcribed verbatim
and possibly read in court.
- Verbally define non-verbal communications and gain the suspect’s
acknowledgment in cases where the only recording of the conversation is
audio. (e.g., if the suspect nods, you ask, “I see you nodding your head,
do you mean ‘yes’?”)
- Avoid using profanity.
- Do not make promises and threats.
- Do not create an atmosphere of coercion or duress.
An investigator
should not:
- Do all the talking. Obtain something more than a “yes” or “no” from the
suspect. Permit the suspect to answer. Avoid a monologue.
- Hurry. Wait for an answer and then insist that it be vocal. Do not accept
head movements or grunts (“huh” and “ah-huh”) answers.
- Interrupt. Avoid both talking at once.
- Discuss the suspect’s criminal h
- istory or prior record.
505.Questions and Answers on Polygraph Use
- Conflicting stories by the suspect(s).
- Conflicting stories by the witness(es).
- All leads fail to identify the suspect.
- A suspect requests the polygraph to show his/her innocence.
- A witness requests you to verify his/her veracity.
- To confirm or refute an allegation.
- When suspect “cops out” to only a portion of the offense.
- What are some situations when a polygraph examination is not desirable?
- Suspect declines to volunteer for a polygraph examination.
- Other leads are present.
- After admission or confession unless it may be false
- The person is mentally incompetent.
- The suspect is under the influence of alcohol or narcotics.
The investigator is responsible for:
• Becoming familiar with Department polygraph procedure and technique.
• Talking to his/her supervisor to determine, if a polygraph is desirable.
• Discussing his/her case with the polygraph examiner.
• Being present when the polygraph examination is given.
• Obtaining a recorded or written confession or statement, as applicable,
after a polygraph examination.
5.3 DO’s and DON’Ts for the investigator
DON’T:
• Interrogate immediately before a polygraph examination.
• Furnish the suspect with information during interviews that might taint
the polygraph examination.
• Describe the polygraph as infallible.
• Tell the suspect that only certain types of questions will be asked.
• Volunteer to the suspect that polygraph examination results are
inadmissible.
• Use the polygraph as a crutch.
• Expect an examiner to conduct a “witch hunt.”
• Attempt to clear several cases with one exam.
DO:
• Re-interview an untruthful suspect as soon as possible after the polygraph
examination.
• Point out the effectiveness of the polygraph.
• Withhold detailed information from the suspect.
• Tell the suspect the examiner is qualified.
• Tell the suspect of your confidence in the polygraph.
• Advise the suspect to obtain a good night’s sleep.
• Discuss the case with the examiner.
• Concentrate on primary issues.
• Advise the examiner of the basic issues to be resolved.
• Confine the polygraph examination to one specific offense.
• Accept the polygraph for what it is–an aid. It cannot do all of the work.
If properly used, it may help.