This blog series discusses the interrogation rubric introduced in Criminal Interrogation and Confessions (1986) by Inbau and Reid which is the basis for law enforcement protocol nationwide. The first two steps are discussed in this Blog.
Step One of the interrogation is called the direct positive confrontation. The suspect is informed in unequivocal language that evidence clearly indicates that he committed a crime and in support of this assertion, real or fictional evidence is proffered. To persuade a guilty suspect to confess, the investigator exaggerates his confidence in the suspect’s guilt. If the suspect fails to confess, the suspect is henceforth treated as a liar.
After the initial accusation, the investigator must make a “transition statement.” An example of a transition statement is: “While there is no doubt that you did this, what I need to establish are the circumstances which led up to this happening.” The transition statement is psychologically integral to the interrogation because it offers a reason for the interrogation other than to elicit a confession. Note that the transition statement assumes that the suspect’s guilt is no longer at issue. With this more congenial transition statement on the heels of the confrontational initial accusatory statement, the investigator gives the suspect the opportunity to elaborate for the first time since the interrogation commenced with the expectation that the suspect will take the opportunity to shift responsibility away from him and towards external facts or persons as being responsible for the crime.
Step Two of the interrogation process is theme development. A theme is a monologue in which the investigator offers and reinforces existing moral and psychological justifications for the suspect’s criminal behavior. In order to match the correct theme to the suspect, the investigator must determine whether the suspect is emotional or non-emotional.
If the suspect is emotional, the technique known as “minimization” is used. Here, the investigator mitigates the offense and downplays its seriousness. The investigator begins building rapport with the suspect by offering empathy, moral justification and sympathy to the suspect’s predicament and assists the suspect in rationalizing and excusing his criminal behavior. Blame is placed on the victim, accomplice or the existence of extenuating circumstances and the seriousness of the crime is deemphasized. This is an example of a minimization theme in a burglary interrogation:
“Bob, I believe you went into that house out of desperation because of your financial situation. I don’t think you are a common criminal or a bad person. I think you tried hard to pay your bills and feed your family but when you lost your job you got further and further in debt. Because you are a good husband and father, you reached the end of your rope when your daughter got sick and needed to go to the doctor. In a moment of desperation and on the spur of the moment, you broke the window of the house on Elm Street and took some jewelry to sell. It is obvious that those folks have more money than they know what to do with and they even left their back door unlocked.”
In the example, the crime is minimized and the break in is morally justified as a reasonable act in the face of financial difficulties.
Alternatively, if the suspect is non-emotional, “maximization” of the evidence, crime or severity of punishment is utilized. The investigator exaggerates the strength of evidence against the suspect and magnitude of charges. The interrogator tries to scare the suspect into confessing by making false claims of the strength of the evidence and exaggerating the seriousness of the offense. Depending on the jurisdiction and the extent to which police are able to deceive the suspect, an investigator may stage an eyewitness identification or fabricate a lie detector test.
In the next installment, dealing with denials will be discussed.
Month: February 2016
- Interrogate : to ask (someone) questions in a thorough and often forceful way. (Merriam-Webster dictionary)
This blog series is designed to expose and explain the coercive nature of the police interrogation known as the Reid Technique as described in Criminal Interrogation and Confessions, by Fred E. Inbau and John E. Reid. This technique has become the foundation for police interrogation education and training. In the Netflix series “The Making of a Murderer,” this method is exemplified by the interrogation of Brendan Dassey.
As a criminal defense attorney and the product of years of network television dramas, I always knew that speaking to the police without counsel was fraught with danger yet a huge percentage of my clients spoke to the police when invited to do so. Why? Because they confused an “interview” with an “interrogation” and erroneously believed that the police were interested in what they had to say. Additionally, people speak to the police because they believe their situation will improve if they do so. They believe that the police will accept their information and either release them or stop investigating them. The suspect believes he is being “interviewed” when in fact; he is being accused and “interrogated.” What is this fundamental difference?
An interview is a non-accusatory, unstructured fact-finding conversation typically conducted in the beginning of an investigation and can occur anywhere. The questioner is trying to collect investigative and behavioral information in order to form an opinion as to who their suspect is and how the crime occurred. Investigative information is obtained by asking questions which will permit the interviewee to give detailed answers and even volunteer information. The investigator will take notes and ask follow-up questions. In the case of Brendan Dassey, a question like “What do you know about what happened to Teresa Halbach?” is an interview question; it invites a conversation.
Contrast this type of question with “Brendan, there is absolutely no doubt that you were involved in Teresa Halbach’s murder.” Here, the Reid method brands the suspect as “deceptive” and the police forcefully advise the suspect that the investigator is absolutely certain of his guilt and possesses evidence in support of this opinion. This may be true or not. The accusatory statement must show a strong level of confidence and serves to forestall any attempt by the suspect to deny knowledge or involvement in the crime.
Perhaps most illuminating is the language of Mr. Reid regarding the taking of notes:
“The investigator should not take any notes until after the suspect has told the truth and is fully committed to that position. Premature note-taking during an interrogation serves as a reminder to the suspect of the incriminating nature of his statements and can therefore inhibit further admissions against self-interest. Only after the suspect has fully confessed, and perhaps after the confession has been witnessed by another investigator, should written notes be made documenting the details of the confession.”
Finally, the interrogation must be conducted in a controlled environment. The room must be private, free of external distraction with a door that can be closed. The room details are specific. The room should be 10’x10’ space and the distance between the chairs should be 4’-5’ away from each other. There should be no barriers between the suspect and the investigator. A desk or table offers a psychological shield behind which a deceptive suspect will hide. (Creating A Temporary Interview Room, PoliceLink.)
When given the opportunity to be silent, take it. You have no obligation to EVER speak to the police and you should never do so without an attorney present. It isn’t a fair fight and in an interrogation, law enforcement’s goal is to extract an admission or confession not to listen to an explanation. The next installment of this series discusses the psychological underpinnings of the Reid method and the type of coercion employed.