Investigative Interviewing Techniques
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1
What is an investigative interview?
A structured, lawful conversation intended to obtain accurate and relevant information from a person who may know facts about an incident.
2
What is the primary objective of interviewing a witness?
To obtain a complete, accurate, and independently reported account of relevant observations and experiences.
3
What is the difference between an investigative interview and an interrogation?
An interview generally seeks information through nonaccusatory questioning; interrogation commonly focuses on questioning a suspected offender, subject to applicable legal safeguards.
4
What is rapport building in investigative interviewing?
Establishing respectful communication and sufficient trust to encourage accurate and voluntary information sharing.
5
What is an open-ended question?
A question inviting a person to provide information in their own words rather than selecting from a limited set of answers.
6
What is a closed-ended question?
A question seeking a specific or limited response, such as a date, location, number, or yes-or-no answer.
7
What is a leading question?
A question that suggests or implies the answer the interviewer expects.
8
Why should investigators avoid unnecessarily leading questions during initial witness interviews?
They may influence a witness's account and introduce information that the witness did not independently remember.
9
What is a probing question in investigative interviewing?
A follow-up question seeking clarification, elaboration, or additional detail about information already provided.
10
What is a funnel questioning technique?
Beginning with broad questions and progressively narrowing to more specific questions as the account develops.
11
What is active listening during an investigative interview?
Carefully attending to the person's statements, clarifying uncertainties, and avoiding premature assumptions or interruptions.
12
What is cognitive interviewing?
An evidence-informed interviewing approach using memory-retrieval techniques to help witnesses recall information without unnecessary suggestion.
13
What is context reinstatement in cognitive interviewing?
Encouraging a witness to mentally recall relevant environmental, sensory, and personal circumstances surrounding an event.
14
What is free recall in witness interviewing?
Allowing a witness to describe remembered events in their own sequence and words before detailed questioning.
15
What is the purpose of separating witnesses before interviews when practicable?
To reduce opportunities for accounts to be influenced by discussion, shared assumptions, or information from other witnesses.
16
What is witness memory contamination?
The alteration or distortion of a person's recollection through exposure to misleading information, suggestion, or other influences.
17
What is the misinformation effect?
A memory phenomenon in which misleading information encountered after an event affects later recollection of that event.
18
What is source-monitoring error?
A mistake in identifying where remembered information originated, such as confusing personal observation with something heard later.
19
Why does witness confidence not always establish identification accuracy?
Confidence may be influenced by feedback, suggestion, and other factors and does not independently prove that an identification is correct.
20
What is the purpose of documenting a witness's exact words when material?
To preserve the person's original phrasing and reduce the risk that an investigator's interpretation replaces the actual statement.
21
What is the difference between a verbatim transcript and an interview summary?
A verbatim transcript records spoken words as closely as possible; a summary condenses the interviewer's account of relevant information.
22
What is the purpose of recording the time, place, and participants of an interview?
To establish the interview's circumstances and support later review, verification, and accountability.
23
What is the purpose of documenting breaks during a lengthy interview?
To preserve an accurate record of interview conditions, timing, and any interruptions affecting the process.
24
What is the purpose of asking a witness to distinguish personal observations from information received from others?
To identify the source of each statement and assess its evidentiary significance and reliability.
25
What is the difference between a witness's observation and interpretation?
An observation describes what the witness directly perceived; an interpretation expresses what the witness believes those perceptions mean.
26
What is the purpose of an interview closure?
To clarify important details, allow additional information, explain appropriate next steps, and document the interview's conclusion.
27
What is a witness recantation?
A later withdrawal or material retraction of an earlier statement or allegation.
28
How should an investigator respond to a witness who materially changes an earlier account?
Document the changes accurately, examine possible explanations, and seek independent corroboration without assuming either account is necessarily truthful.
29
What is corroboration in criminal investigation?
Independent evidence or information that supports a material part of another account or investigative proposition.
30
What is the purpose of a witness credibility assessment?
To evaluate the reliability of relevant statements using perception, opportunity to observe, consistency, possible influences, and independent evidence.
31
Why is nervousness alone an unreliable indicator of deception?
Stress, fear, trauma, cultural differences, and individual behavior can produce nervousness in truthful and untruthful persons alike.
32
What constitutional provision protects persons under custodial investigation in the Philippines?
Article III, Section 12 of the 1987 Constitution.
33
What rights are expressly recognized under Article III, Section 12(1) during investigation for an offense?
The right to remain silent and the right to competent and independent counsel, preferably of the person's own choice, with required information about those rights.
34
What Philippine statute defines and protects certain rights of persons arrested, detained, or under custodial investigation?
Republic Act No. 7438.
35
What is custodial investigation under RA 7438?
Investigation by law enforcement authorities after a person has been taken into custody or otherwise significantly deprived of freedom, including specified invitations for questioning concerning an offense.
36
Under RA 7438, can an invitation to a person suspected of an offense constitute custodial investigation?
Yes. The law includes the practice of issuing an invitation to a person being investigated in connection with an offense the person is suspected of committing.
37
What is the significance of the right to remain silent during custodial investigation?
The person cannot be compelled to provide self-incriminating answers in violation of constitutional protections.
38
What qualifications must counsel possess for custodial investigation under Article III, Section 12?
Counsel must be competent and independent; the Constitution also recognizes the person's preference for counsel of their own choice.
39
What must happen if a person under custodial investigation cannot afford counsel?
Competent and independent counsel must be provided in accordance with constitutional and statutory requirements.
40
Can the rights under Article III, Section 12 be validly waived without counsel?
No. A valid waiver must be in writing and signed in the presence of counsel.
41
What does Article III, Section 12 prohibit concerning torture and coercion?
Torture, force, violence, threats, intimidation, and other means that vitiate free will, including prohibited secret or incommunicado detention.
42
What is the constitutional consequence of a confession obtained in violation of Article III, Section 12?
It is inadmissible in evidence against the person under Article III, Section 12(3).
43
What is the general rule for an extrajudicial confession made during custodial investigation without the required legal safeguards?
It is inadmissible against the person when obtained in violation of applicable constitutional or statutory custodial investigation requirements.
44
What does RA 7438 generally require concerning a custodial investigation report?
It must comply with statutory safeguards, including requirements concerning counsel and the arrested or detained person's understanding of the report before signing or marking it.
45
What is the purpose of providing interpretation assistance to a person who does not understand the language used in questioning?
To ensure meaningful understanding of rights, questions, and statements and to support the reliability and fairness of the process.
46
What is the difference between voluntary cooperation and custodial questioning?
Voluntary cooperation does not necessarily involve significant restraint of freedom; custodial questioning triggers applicable safeguards when legal custody or its equivalent exists.
47
Scenario: Investigators invite a robbery suspect to the station for questioning about the suspected offense. Can they automatically avoid custodial investigation safeguards by calling the encounter an invitation?
No. RA 7438 expressly includes certain invitations for questioning, and the actual circumstances must be assessed under applicable law.
48
Scenario: A suspect signs a written waiver of custodial investigation rights while alone with investigators. Is the waiver constitutionally valid?
No. Article III, Section 12 requires a written waiver signed in the presence of counsel.
49
Scenario: A witness says an offender wore a red jacket, but later admits learning that detail from a news report. What should the investigator do?
Record the source clarification, distinguish firsthand recollection from later information, and seek independent evidence.
50
Scenario: An investigator threatens a detained suspect to obtain a confession. What constitutional principle is violated?
The prohibition against coercion and compelled statements during custodial investigation under Article III, Section 12.
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