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MODULE NO. 5
This module covers Interviewing room rules,
Interviewing of witnesses 1, Interviewing of Witness 2.

Interviewing Room Rules

Introduction to interviewing

Interviewing is the processing of seeking answers to questions that arose during documentary

evidence collection. Documents do talk and therefore can provide explanations and therefore the

need to talk to suspects and even witnesses to get explanations and other information that is not

forthcoming from the documents to assist the investigators complete their investigation story.

What is the goal of interviewing?

The goal of a forensic interview is to obtain a statement from a suspect or witness, in a

developmentally-sensitive, unbiased, and truth-seeking manner, that will support accurate and

fair decision-making in the criminal justice and suspect/ witness welfare systems (Geberth 1996).

Despite the fact that information gained from an investigative interview may be useful for

making treatment decisions, the interview is not part of a treatment process. Forensic interviews

should not be conducted by professionals who have an on-going or a planned therapeutic

relationship with the suspect/ witness.

There are two overriding features of a forensic interview:

Hypothesis testing; forensic interviews are hypothesis-testing rather than hypothesis-confirming.

First, forensic interviews are hypothesis-testing rather than hypothesis-confirming (Geberth

1996). Interviewers prepare by generating a set of alternative hypotheses about the source and

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meaning of the allegations. During an interview, as an interviewer you may attempt to rule out

the other explanations for the allegations. For example, when children use terms that suggest

sexual touching, interviewers assess the children’s understanding of those terms and explore

whether touching might have occurred in the context of routine care-giving or medical treatment.

When suspects/ witness report details that seem inconsistent, interviewers try to clarify whether

the events could have occurred as described, perhaps by exploring whether the suspects/ witness

are describing more than one event or are using words in nonstandard ways. Before closing an

interview, interviewers should be reasonably confident that the alleged actions are not subject to

multiple interpretations and that any alleged perpetrators are clearly identified.

There are numerous guidelines concerning interviewer’s behaviour, demeanour, and

communication should be followed throughout the interview;

1. Avoid wearing uniforms or carrying guns visible during the interview.

2. Convey and maintain a relaxed, friendly atmosphere. Do not express surprise, disbelief,

or other emotional/ expressive reactions to descriptions of the abuse.

3. Do not use bathroom breaks or drinks as reinforcements for cooperating during the

interview. Never make comments like “Let’s finish up these questions and then I’ll get

you a drink.”

4. Respect the suspect’s personal space. Do not invade personal space. Keep a safe distance

during interviews.

5. Do not stare at the suspect/ witness or sit uncomfortably close.

6. Do not suggest feelings or responses to the suspect/ witness. For example, do not say, “I

know how hard this must be for you.”

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7. Do not make promises. For example, do not say, “Everything will be okay” or “You will

never have to talk about this again.”

8. Acknowledge and address the suspects/ witness feelings if they become upset,

embarrassed, or scared, but avoid extensive comments about feelings. Comments such as

“I talk with children about these sorts of things all the time; “its okay to talk with me

about this” can be helpful.

The interview includes eight phases: Prepare for the Interview.

 Introduce Yourself and Build Rapport.

 Establish the Ground Rules.

 Conduct a Practice Interview.

 Introduce the Topic.

 Elicit a Free Narrative.

 Question and Clarify.

 Close the Interview.

When necessary, these phases can be varied to accommodate suspect or witness’ initial

comments, their ages, and their levels of cognitive development. For example, some suspects/

witness begin to discuss allegations without prompting. In such cases, the interviewer should not

interrupt until it is clear that the suspect/ witness has finished giving a free narrative. Moreover,

placement of the ground rules is flexible, and interviewers can remind children about the ground

rules at any point during the interview (Wecht & Okoye 2007). Some interviewers prefer to

establish the ground rules before building rapport. This gives them a chance to review the rules

during informal conversation. However, small children may not keep ground rules in mind

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throughout the interview, so some interviewers introduce the ground rules after building initial

rapport.

The purpose of the phases is to encourage interviewers to introduce themselves to suspect/

witness, build rapport, deliver age appropriate instructions, allow suspect/ witness to talk about

their lives in their own words, and use follow-up questions to clarify ambiguities in the reports

(Sinclair, Merck, & Lockwood 2006). Within this framework, interviewers can select approaches

that match their styles of interviewing, the ages and needs of individual suspect/ witness, and the

specific of individual cases.

There are several things an interviewer should do when preparing for an interview:

 Gather background information.

 Come up with alternative hypotheses and hypothesis-testing questions.

 Set up the interview environment.

Pre-interview preparation will vary depending upon the nature of the allegations, the available

resources, and the amount of time before an interview is conducted. If physical evidence is

available, the interviewer should consult with the investigative team to consider several

questions before deciding whether or not to use the physical evidence during the forensic

interview (Lucas, 1935).

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INTERVIEWING OF WITNESSES 1

Who is a witness?

Witnesses are people who have information about an alleged offence or offender. They may be

an eyewitness, present at the event, or someone who can only provide peripheral information.

In this lesson, the term 'witness'...

includes... does not include...

Victims Suspects

(defined in section 2 Victim Rights Act Special provisions for dealing with

2002 as a person injured or suffering loss suspects are detailed in the Investigative

or harm as a result of an offence) Interviewing suspect guide.

Why Interview?

What is the purpose of interviewing witnesses?

The purpose of interviewing witnesses is to ascertain the witness's account of the alleged event

(s) and any other information that would assist the investigation. The interviewing witnesses in

white collar crimes provides corroborative evidence that is why they are interviewed after almost

all documentary evidence has been gathered and analysed.

What is an interview?

I simply define interview as question and answer session. Structured conversation aimed at

gathering information.

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Roles of an interview

 To gather evidence-witness or subject statements used in defending a case at the court.

 Interviews may also be used to gather information that leading to physical evidence, bank

accounts or additional witnesses/ suspects.

 An interview also helps in developing insights into the subject that can be used in the

interrogation.

Interviewing Process

 Gathering basic facts (documents) about the fraud.

 Preparing a preliminary list of suspects or witnesses.

 Identifying the interview location.

 Preparation of interview questions.

 Interview sessions.

 Report writing and Interrogation and action.

Characteristics of a Good Interview

 Adequate duration.

Let the subject have sufficient time to talk and give you the information you require. Do

not cut the subject short or push him or her too much. The duration of the interview

should be just right.

 Relevant.

The interview questions must be very relevant to the allegations being investigated.

Irrelevant questions can easily put off the interview subject.

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 Promptness or nearness to the fraud crime scene.

Memories fade. Interviews done very close to the incident will gather more evidential

information as compared to interviewing done 5 years later. Also interviews close to the

fraud scene can facilitate on the scene demonstrations by the subject of the interview and

in fraud cases he may wish to pull out a document and show you. It will be easier if you

are carrying interview almost in the same location.

 Objectivity.

It should be aimed at gathering information in a fair and

impartial manner.

 Informal.

Please leave uniforms out of the interview location, if you are a uniformed investigator

and also do not display your gun if you are authorised to carry one. Doing so will

intimidate the subject of the Interview.

 Friendly attitude.

Please project a friendly attitude all through the interview to motivate the subject to give

you all the information.

Unbiased.

Endeavour to portray an unbiased attitude. Let the subject know and understand that your

work is to find the truth and the truth only. This means that you should not be seen to

display prejudice against the subject.

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Interview Questions Typology

There are five general types of questions:

• Introductory questions,

These are very open and general questions or discussions. These questions are meant to

gather general information about the subjects and it may also involve questions like:

1. What do you do during your leisure time?

2. Are married?

3. What is or was your job title when the allegations started?

4. How many years have you worked or did you work for the organization?

5. Are you a religious person? Etc.

It is during the introductory questions that you get the basic information about the subject

that assists in building rapport with the subject of the interview.

• Information seeking questions,

This is the main part of the interview. This is where you as forensic investigator should

get all the information you require from the subject of the interview. Ask very open

ended questions like how, explain, narrate, etc. Yes or No questions must not be used

during the interview. Such questions are better reserved for interrogation. I will discuss

interrogation in the next course that shall be more advanced than this one.

• Evaluation questions,

These are questions put to the subject of the interview to assessment whether or not the

subject is being truthful or vice versa. These questions may involve repeating the

informational questions but in paraphrased form to see whether the subject will maintain

the same answers.

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• Closing questions,

These are the final questions you ask the subject like; what have I forgotten to ask you?

Have you anything more to tell me? This is where the interview ends and then you decide

on the weight of information gathered so far to continue to Interrogation or not.

• Admission-seeking questions also referred to as interrogative questions.

These questions are for the suspected that have been considered most likely to be

involved in the alleged wrong doing.

Why witnesses are interviewed prior to suspects

The testimony given by the respective witness is what will be used to cut off denials of principal

suspects during the cause of interrogation.

Again, by interviewing the witnesses first, the investigator is able to come up with another line of

questions, based on the witnesses responses which could lead to more documentary evidence

when interviewing the suspect.

Apart from acting as a lead to the identification of more suspects, interviewing witnesses first

may also lead to the identification of more witnesses.

Lastly, it is the evidence gathered from the responses given by the witness that will assists in the

interviewing of suspects.

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INTERVIEWING OF WITNESSES 2

Prior to the Interview:

Prepare be as familiar as possible with respect to the pleadings and evidence in the case. If

appropriate, prepare your questions in advance and/or chronologies and timelines to assist in

ensuring that the matter is clear in your head.

During the interview:

 Introduce yourself properly (including name and who you represent) and provide a brief

explanation to the witness of the action and the purpose for your call.

 Ensure the witness is clear about who you represent before proceeding with the interview.

 If you intend to record the interview, seek consent of the witness.

 Be polite, respectful and friendly. Be courteous and patient. Do not be intimidated by

hostile witnesses. If the witness will not cooperate at all, ask if he or she will respond to

questions in writing.

 Listen attentively and take detailed and accurate notes.

 Try not to interrupt the witness unless they are completely off track.

 If necessary, ask the witness to repeat or clarify certain information.

 Where appropriate, use diagrams, maps and photographs (or other illustrative aids) to

assist in your interview process.

 Make sure you ask the witness for copies of any relevant documents they may have.

 Be accurate. Sending the statement by email in an electronic format (MS Word) and

giving the witness the opportunity to make changes to the document itself is often the

most practical approach. Once the witness is satisfied with the statement, ask him or her

to sign and return it to you.

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Obtaining signed statements may be important in the litigation for two reasons:

(a) It provides a safeguard or protection against the witness becoming uncooperative or

attempting to change his or her story as time evolves;

b) It may be used for the purposes of impeachment should the witness give contrary evidence at

trial. In certain circumstances, a witness’s refusal to provide a written statement may also be

useful for cross-examination at trial.

Ethical issues arising during interviews

There are a number of ethical issues which may arise during the course of a witness interview.

Chapter 12 of the BC Professional Conduct Handbook (the “Handbook”) addresses lawyer

supervision of employees. Rule 5 indicates that legal assistants may perform delegated tasks, but

the lawyer has full professional responsibility for any such delegated work (Columbia, 2013).

Rule 6(b) requires that a lawyer must not permit a legal assistant to “do anything that a lawyer is

not permitted to do.”

No Property in Witness

There is no property in a witness. You are entitled to seek information from any potential

witness, whether or not they are under a subpoena (subject to the rule requiring you to go

through counsel if the witness is represented).

Chapter 8, Rule 12 of the Handbook states: There is no property in a witness, and a lawyer may

properly seek information from any potential witness, whether or not the witness is under

subpoena.

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Witnesses Represented by Counsel

If you know that a witness is represented by counsel, you must notify that counsel before

conducting the interview.

Chapter 8, Rule 12.1 states:

If a lawyer knows that a potential witness is represented in the proceeding by another lawyer, the

lawyer must:

(a) Notify the other lawyer before contacting the potential witness;

(b) Also, if the potential witness is a party to the proceeding, make no contact except through or

with the consent of the other lawyer.

There are special considerations at play when the party on the other side of the case is a

corporate entity. The question can become whether an employee of that corporate entity should

properly be regarded as a witness or a party to the litigation (Weir, Feldman, Bombyk, Kelley,

Wallace, Wallace, Ford & Paramount Pictures Corporation 1999).

The Ethics Committee of the Law Society of BC considered this issue in September 2000. The

Ethics Committee published a bulletin which states that the “anti-contact rule” should prohibit

contact with only those officials who: have the legal power to bind the corporation in the matter;

or are responsible for implementing the advice of the corporations lawyer; or whose own

interests are directly at stake in the representation. Should you face this potential issue when

deciding whether to contact a witness from a corporate entity, consider the potential problem and

discuss the best course with senior counsel (Lear 1997).

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C. Taping Witness Interviews

In some circumstances, especially where the interview is expected to be lengthy, complicated or

involve technical elements, you may wish to record the interview. Tape recording may also be

used in circumstances where you expect it might be difficult to obtain a written statement from

the witness.

Tape recording interviews can be a useful tool. However, you should not record an interview

without obtaining the express consent of the witness. The Canadian Bar Association Code of

Professional Conduct, Chapter XVI, Rule 5, prohibits lawyers from tape recording any

conversation without informing the other person that they are doing so (Columbia, 2013).

Uncooperative Witnesses

The list of witnesses to be interviewed should not be limited to only those witnesses thought to

be friendly to your client. It is important to ensure that your investigation touches on all aspects

of the underlying case, including “hostile” witnesses.

Sometimes, you may find that a “hostile” witness is more cooperative than you anticipate.

Further, there are steps that can be taken to obtain evidence from that witness should it be

necessary.

Rule 7-5(1) allows for a pre-trial examination of a witness:

Order for examination

1. If a person who is not a party of record to an action may have material evidence relating to a

matter in question in the action, the court may.

(a) Order that the person be examined on oath on the matters in question in the action.

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(b) Either before or after the examination, order that the examining party pay reasonable lawyer's

costs of the person relating to the application and the examination.

The purpose of this rule has been described as intending to provide an “investigative technique”

to facilitate full disclosure of the facts before trial, thus avoiding a party being taken by surprise

at trial.

Rule 7-5(3) sets out the conditions for obtaining an order for examination of a person and not a

party to the proceedings (Columbia, 2013). The application for the order must be supported by

affidavit evidence setting out: 1. the matter in question in the action to which the evidence of the

proposed witness may be material.

2. The proposed witness has refused or neglected on request by the applicant to give a responsive

statement either orally or in writing.

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PROGRESS TEST NO 5

10 multiple choice questions

1. What is an interview?

a) The act of interrogating the witness.

b) Is the act of conversing with the offender or suspect to gather information.

c) Read out the hypothesis to the interviewee.

d) The act of arresting the offender.

2. Who is a witness?

a) A convict

b) Offender

c) A person injured by the offence.

d) A person with information about the offense.

3. Forensic interviews should be conducted by professionals who have an on-going or a

planned therapeutic relationship with the suspect/ witness

a) True

b) False

4. Which one of the following is not a phase in interview preparation?

a) Establish the Ground Rules.

b) Question and Clarify.

c) Read out the hypothesis to the interviewee.

d) Create rapport.

5. Which one of the following is not a characteristic of a good interview?

a) Informal and low-key fashion.

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b) Non threatening attitude.

c) Informal and low-key fashion.

d) Demonstrate bias

6. The list of witnesses to be interviewed should be limited to witnesses thought to be

friendly to your client.

a) True

b) False

7. The interviewer should obtain an affidavit from a witness prior to trial.

a) True

b) False

8. The investigator should record an interview without obtaining the express consent

of the witness.

a) True

b) False

9. Which one of the following is not the role of an interview?

a) To gather information that leading to physical evidence.

b) To develop insights into the subject.

c) To arrest the suspect.

d) To pave way for interrogation.

10. Which one of the following should not be done when preparing for the interview?

a) Set up the interview environment.

b) Gather background information.

c) Generate alternative hypotheses and hypothesis-testing questions.

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d) None of the above.

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