Interrogation Techniques: What Constitutes An Act Of Interrogation?

what kind of acts would constitute an interrorgation

Interrogation is a type of interviewing commonly used by law enforcement, military personnel, intelligence agencies, and organised crime syndicates to elicit useful information, especially information related to suspected crimes. The use of torture as an interrogation technique has been banned and is considered ineffective and illegal. The Reid Technique, widely used by US law enforcement, involves steps to obtain a confession and detect signs of deception in a suspect's body language. However, it has been criticised for eliciting false confessions. Alternative techniques include the Kinesic Interview method, which focuses on recognising deception, and the PEACE method, which is less confrontational and used in England. During an interrogation, law enforcement must inform the suspect of their right to remain silent and to obtain legal counsel.

Characteristics Values
Purpose Eliciting useful information, particularly information related to suspected crime
Entities involved Law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations
Techniques Developing rapport, torture, deception, good cop/bad cop, Kinesic Interview method, PEACE, Reid Technique
Rules and Regulations In the US, there is no law or regulation that forbids the interrogator from lying about the strength of their case or misleading the interviewee. However, in 2021, Illinois banned police officers from lying to minors during interrogations.
Safeguards The Supreme Court has put safeguards in place to protect the rights of persons of interest. During an interrogation, law enforcement must inform the suspect of their right to remain silent and to acquire legal counsel.

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Deception: Interviewers may lie about their hand strength, make misleading statements, or imply the interviewee's involvement

Deception has long been considered a key component of effective interrogation. Interviewers may lie about their hand strength, make misleading statements, or imply the interviewee's involvement, all of which are generally permitted by law in the United States. This practice is known as "trickery and deception" and was exemplified in the case of Frazier v. Cupp. However, in 2021, Illinois became the first US state to prohibit police officers from lying to minors during interrogations.

The use of deception in interrogation can take various forms. One common tactic is for the interviewer to feign knowledge of the interviewee's involvement in the crime. This can be done by making misleading statements or implying that someone else has already implicated the interviewee. Another tactic is to lie about the strength of the case against the interviewee, making it seem more solid than it is. Interviewers may also use deceptive body language to influence the interviewee's behaviour. Research has shown that liars display fewer smiles, self-manipulations, pauses, and gaze aversion than truth-tellers. By adopting certain non-verbal behaviours, interviewers can manipulate the interviewee's emotional state and increase the likelihood of obtaining a confession.

The Kinesic Interview method is a specific interrogation technique that focuses on recognizing deception by analysing a person's non-verbal behaviour. This involves observing and analysing the interviewee's behaviour to determine their truthful and deceptive behaviours and identify areas that require further verbal inquiry. The Practical Kinesic Analysis Phase and the Practical Kinesic Interrogation Phase are two phases of this process, as described by Stan B. Walters.

Another well-known interrogation technique is the Reid method, which is widely used by law enforcement officers in the United States. It involves steps to obtain a confession and methods for detecting deception in the suspect's body language. However, the Reid technique has been criticized for its reliance on assumptions about human behaviour that may not be supported by empirical evidence, and for potentially leading to false confessions. The technique includes steps such as direct confrontation, dominance, deflection, addressing objections, empathy, intensifying the moral justification of the crime, and offering alternative choices.

While deception can be a powerful tool in interrogation, it is important to consider the potential ethical implications and the risk of false confessions. Interviewers must also respect the legal rights of the interviewee, such as the right to remain silent and to acquire legal counsel, as established by the Supreme Court. Additionally, international frameworks like the Méndez Principles on Effective Interviewing promote non-coercive interviewing practices that prioritize scientific grounding over confession-driven methods.

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Kinesic Interview: A method focusing on non-verbal communication to recognise deception

Interrogation is a type of interviewing commonly employed by law enforcement officers, military personnel, intelligence agencies, and organised crime syndicates. The goal of an interrogation is to elicit useful information, particularly information related to suspected crimes. Interrogation may involve a diverse array of techniques, ranging from developing a congenial rapport with the subject to torture.

One such interrogation technique is the Kinesic Interview method, which focuses on recognising deception by observing and analysing a person's non-verbal behaviour. Kinesics, the study of non-verbal communication, was originally brought to mainstream use in the 1950s by U.S. anthropologist Ray Birdwhistell. It has since become a standard part of police interrogation.

The Kinesic Interview method involves evaluating how a person's words and actions go together and noticing when one or both of these behaviours change. For example, a suspect's demeanour may change when asked specific questions about a crime or shown examples of wrongdoing. The investigator will try to determine changes in non-verbal communication and why they happened, which can indicate areas of deception.

There are several techniques within the Kinesic Interview method that can be employed. One such technique is the narrative technique, which involves letting the subject do all the talking without interruption, allowing the investigator to gather as much kinesthetic data as possible. Another technique is stress manipulation, which aims to elicit confessions by increasing the suspect's stress level. Dry mouth, continued touching of the head or face, changes in breathing patterns, and changes in eye contact or blinking are all patterns that can be observed while questioning a suspect and used to determine if they are being deceitful or trying to hide something.

The Kinesic Interview method can also be used in conjunction with other interrogation techniques, such as the PEACE method, which is a less confrontational method used to gather information by establishing a relationship between the interviewer and interviewee. The Kinesic Interview method can also be used in a more aggressive form, known as tactical kinesics, which is used when questioning an uncooperative or hostile person.

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Good cop/bad cop: A psychological tactic where interrogators take opposing approaches to convince the subject to cooperate

Interrogation is a type of interviewing commonly used by law enforcement, military personnel, intelligence agencies, and organised crime syndicates to elicit useful information, especially about suspected crimes. Interrogation techniques can range from congenial rapport-building to torture. Deception is often used as a tactic by interrogators, who may lie about the strength of their case, make misleading statements, or imply that the interviewee has already been implicated in a crime.

Good cop/bad cop is a psychological interrogation tactic where two interrogators take opposing approaches to convince the subject to cooperate. One interrogator adopts a hostile or accusatory demeanour, emphasising threats of punishment, while the other takes on a more sympathetic role, emphasising rewards. The subject may feel able to cooperate with the "good cop", either out of trust or out of fear of the "bad cop". They may then seek protection from the "good cop" and provide the information that the interrogators are seeking.

The good cop/bad cop tactic preys on the tendency of people to like those who agree with them and seem similar to them. The contrast between the two negotiating styles makes the "carrots" offered by the good cop seem sweeter and the "sticks" offered by the bad cop seem harsher. This tactic can be very effective at helping parties claim value from their target, but only if the bad cop starts the negotiation and the good cop follows.

The good cop/bad cop tactic can also be used in reverse, with the good cop doing most of the talking, while the bad cop intervenes only to apply pressure to elicit compliance from the subject. Outside of the interrogation context, the good cop may imply that the bad cop will return if no agreement is reached.

There are several variations on the good cop/bad cop routine, including sequential good cop/bad cop, where the interrogators take turns interacting with the subject, and simultaneous good cop/bad cop, where the interrogators argue with each other over what deal to offer the subject. A solo negotiator can also use a mixture of good cop and bad cop techniques, such as switching from friendly to impatient or being indecisive about what to offer.

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Reid Technique: A widely used method involving steps to obtain a confession and detect signs of deception

Interrogation is a type of interviewing commonly used by law enforcement officers, military personnel, and intelligence agencies to obtain useful information, especially related to suspected crimes. Interrogation techniques can range from congenial rapport-building to torture.

The Reid Technique is a widely used method of interrogation that was developed in the United States by John E. Reid in the 1950s. It involves three components: factual analysis, interviewing, and interrogation. The technique is known for creating a high-pressure environment for the interviewee, followed by sympathy and offers of understanding and help, but only if a confession is made. The Reid Technique consists of a three-phase process: fact analysis, behaviour analysis interview, and the nine steps of interrogation. The nine steps of interrogation are as follows:

  • Positive confrontation: The investigator's demeanor is ideally understanding, patient, and non-demeaning. They aim to make the suspect gradually more comfortable with telling the truth. This is done by offering the suspect various psychological constructs as justification for their behaviour.
  • Theme development: First-person themes, third-person themes, and personal stories are used to identify the suspect's needs for committing the crime.
  • Handling denials: This involves addressing suspect challenges, introducing evidence, and using tactics to gain trust and change the suspect's perception.
  • Overcoming objections: This step addresses logical challenges and uses techniques such as role reversal to challenge the suspect's values and traits.
  • Procurement and retention of the suspect's attention: This step focuses on addressing the suspect's fear of consequences and the futility of continued denials.
  • Handling the suspect's passive mood: The suspect is prompted to verbally agree and commit to their actions.
  • Having the suspect orally relate the details of the crime: The suspect is committed to the crime by having them orally describe the details, while also guarding against false confessions.

Critics of the Reid Technique argue that it relies on assumptions about human behaviour that are not supported by empirical evidence and that it may lead to false confessions, especially from juveniles and people with mental impairments. They also contend that the technique may cause strong-willed individuals to stop talking altogether, rather than eliciting lies that can be checked against the facts. Law professor Richard Leo, a frequent critic, argues that people are generally poor at making accurate judgments of truth and deception and that investigators cannot effectively distinguish between truthful and false denials of guilt.

Despite the criticisms, the Reid Technique remains widely used by law enforcement agencies, particularly in North America, with over 500,000 professionals having attended the company's training programs since 1974.

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Torture: Historically used by religious inquisitions and secular investigations, it is now banned by the UN and in Illinois for minors

Torture has a long and dark history, particularly in the context of religious inquisitions and secular investigations. The use of torture was deeply rooted in the belief that pain could purify the soul and bring about salvation, allowing the Church to maintain control over society. This ideology led to the development of brutal torture methods during the Inquisition, such as the rack, iron maiden, strappado, and thumb screw, which caused immense physical suffering.

The role of torture in medieval religion was significant, with the Church using it to enforce religious orthodoxy and root out heresy. Torture was also employed in secular investigations, with rulers utilizing it as a tool of enforcement to maintain power. The public spectacle of punishment served as a reminder of the ruling class's authority.

International humanitarian law, including the Geneva Conventions, now prohibits the use of torture. Common Article 3 of the Geneva Conventions explicitly bans "violence of life and person, in particular murder of all kinds, mutilation, cruel treatment, and torture, as well as outrages upon personal dignity." The international community, including the United States, has rejected any exceptions to this prohibition, even in cases of imminent terrorist attacks.

Illinois has taken a significant step forward by banning police from lying to minors during interrogations, becoming the first state in the nation to do so. This law aims to prevent false confessions and wrongful convictions, addressing the lack of trust in the criminal justice system. Governor Pritzker expressed hope that Illinois would set an example for other states to follow suit and pass similar legislation.

While torture is now banned by the UN and deceptive interrogation practices involving minors are prohibited in Illinois, the legacy of torture in history, especially during religious inquisitions, serves as a stark reminder of the importance of upholding human rights and treating all individuals with dignity, regardless of age.

Frequently asked questions

The main purpose of an interrogation is to elicit useful information, especially information related to suspected crimes.

Common interrogation techniques include the Reid Technique, Kinesic Interview, and the PEACE method. The Reid Technique involves factual analysis, interviewing, and interrogation, seeking to obtain a confession and detect deception in the suspect's body language. The Kinesic Interview focuses on recognizing deception through the study of nonverbal communication. The PEACE method, used in England, is a less confrontational approach that includes preparation and planning, engagement and explanation, account, closure, and evaluation.

Interrogations should respect the legal rights of the suspect. In the United States, law enforcement must inform the suspect of their right to remain silent and to acquire legal counsel. The use of torture and drugs during interrogation is illegal and unethical.

Deception is a common tactic employed by interrogators to elicit information. This can involve lying about the strength of their case, making misleading statements, or implying that the interviewee has been implicated by someone else. However, in 2021, Illinois became the first US state to ban police officers from lying to minors during interrogations.

Interrogations have legal and ethical boundaries that must be respected. To justify interrogating a suspect, law enforcement must have reasonable grounds and follow established protocols. Interrogations should not infringe on the rights of the detainee, and any confessions obtained must adhere to the rules and safeguards put in place by the legal system.

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