INVESTIGATIVE INTERVIEWING AND CUSTODIAL INTERROGATION

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INVESTIGATIVE INTERVIEWING AND CUSTODIAL INTERROGATION

The purpose of questioning is to obtain accurate, complete, and legally usable information. A confession is never a substitute for evidence, and no investigative objective justifies coercion or the violation of human dignity.

Chapter Orientation

Investigative interviewing is a disciplined method of obtaining and testing information from victims, witnesses, complainants, suspects, and other persons who may know facts relevant to an offense. Custodial interrogation is narrower and carries stricter constitutional and statutory duties because the person has been taken into custody, deprived of freedom in a significant way, or otherwise placed in a situation in which police questioning seeks an admission concerning the offense. The investigator must know when an ordinary inquiry has crossed that legal threshold.

This chapter treats interviewing as an evidence-gathering task. Good interviewing protects memory, reduces suggestion, develops reliable investigative leads, permits competing explanations to be tested, and creates an accountable record. Poor interviewing can contaminate recollection, traumatize a victim, produce false or unreliable admissions, expose officers to criminal or administrative liability, and make a statement inadmissible.

The chapter is for academic instruction and simulation. Investigators must use the current Constitution, statutes, Rules of Court, Supreme Court decisions, PNP operational procedures, agency forms, and prosecutor guidance applicable to the actual case.

Intended Learning Outcomes

Key Terms

One point one Purpose of an Investigative Interview

One point two Interview and Interrogation Compared

Two Planning and Preparation

Two point two Interview Environment

Two point three Topic Guide and Question Design

Three Stages of the Interview Process

Three point two Introduction and Ground Rules

Three point three Rapport Without Manipulation

Three point four Free Narrative and Active Listening

Three point five Clarification, Probing, and Testing

Three point six Closure and Post-Interview Evaluation

Four Victim and Witness Sensitive Interviewing

Four point two Trauma and Memory

Four point three Child Victims and Witnesses

Child-friendly ground-rule check

Four point four Gender-Based, Sexual, and Domestic Violence Cases

Four point five Witness Independence and Memory Protection

Five Suspect and Person of Interest Interviewing

Five point two Obtaining and Testing the Account

Five point three Indicators Are Leads, Not Proof

Six Custodial Safeguards in the Philippines

Six point two Republic Act Number seventy-four thousand three hundred thirty-eight

Six point three Anti-Torture Act of two thousand nine

Absolute prohibition

Six point four Children in Conflict with the Law

Six point five Comprehension and Vulnerability

Six point six Conduct of a Lawful Custodial Session

Seven Information Gathering Techniques

Seven point two Cognitive Support Without Suggestion

Seven point three Strategic Use of Evidence

Seven point four Handling Silence, Refusal, and Emotion

Seven point five Practices to Avoid

Eight point one Why Documentation Matters

Eight point two Contemporaneous Notes

Eight point three. Audio and Video Recording

Eight point four. Written Statements and Affidavits

Eight point five. Interview and Interrogation Report

Nine. Applied Examples

Nine point two. Independent Witness Scenario

Nine point three. Person of Interest Scenario

Nine point four. Custodial Interrogation Scenario

Ten. Classroom Simulation and Skills Laboratory

Ten point two. Performance Rubric

Overview

The document outlines the principles and practices of investigative interviewing and custodial interrogation within the context of legal frameworks. It aims to provide guidance on effective questioning techniques that uphold human dignity and legal rights while minimizing memory contamination and false admissions.

Key Points

1Investigative interviewing aims to gather accurate and complete information without coercion
2A distinction is made between investigative interviews and custodial interrogations regarding legal safeguards
3Evidence-based interviewing prioritizes rapport and strategic questioning to minimize the risk of contamination
4Investigators must prepare thoroughly by reviewing relevant case information and legal requirements
5Proper interview techniques can lead to reliable testimonies and preserve the integrity of the investigation.

Details

Category: Law and Legal Studies

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