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"There are no second
chances to make a good first impression"
The art of interviewing is not an inherent trait in human beings. It is
an acquired "skill" which is developed over time with training
and experience. There is a definite psychology involved in interviewing
and obtaining information from another person.
First we must determine what an "interview" is.
Simply defined, an interview is "a conversation with a
purpose".
Within the course of any interview the legal investigator
should always include the following elements of information from the
witness:
"WHO, WHAT, WHEN, WHERE,
HOW & WHY"
Without these key elements of information, the interview and
information obtained is incomplete and of less value than if each
element is included.
The interview "process" consists of several elements.
- Preparation -- (know
your file)
- Introduction &
Norming of the witness (building rapport)
- Ask your questions --
(let them talk)
- Keep Control -- but
be "nice" -- the strangest things can shut a witness off
and disrupt an interview.
- Review Statement --
Go over facts with witness and make sure they agree that the facts
contained in the interview are true and accurately reflected.
- Clear up vague points
-- If something is unclear to you then give them a chance to clear
up the information so it makes sense.
- "Catch All"
questions -- near the conclusion ask -- "Is there anything I
haven't thought to ask you concerning this matter" or
"Do you have any further information concerning this
matter" -- You've just locked them into their statement.
- "Leave the door
open" -- Leave the interview open and friendly. Ask "If
I need to contact you again, would that be alright?"
Types
of Interviews
There are
different types of interviews which the legal investigator will
encounter during his/her career.
Adversarial (hostile or reluctant)
The adversarial witness is a
challenge to even the most seasoned interviewer. The successful
interviewer must find a way to "hook" the witness and get
them to identify with the interviewer. There are several different
approaches the interviewer may use.
A. Friendly -- the interviewer takes a friendly approach to set the
witness at ease and get the witness to "open up"
B. Sympathetic --- the interviewer is sympathetic to the witness's
reluctance to provide information due to his/her circumstances but the
issue is so important that "it's the right thing to do"
C. Explanation of "our" position -- the interviewer explains
his/her position on the case and solicits cooperation from the witness.
"We're not the bad guys -- We have a job to do just like the other
side". I only want you to tell the truth about your knowledge of
this case.
D. "You would want the same opportunity -- common courtesy"
The interviewer knows that the witness has been interviewed by the
other side and ask for the same opportunity to ask his/her questions.
E. "All business -- Official" -- The no nonsense approach is
sometimes used when an individual seems to respond to an
"authoritative" person.
F. "WHAT EVER WORKS" -- In the event that none of the above
approaches work on the witness, the interviewer must be flexible enough
to find something unique to that individual to "hook" them
and gain their cooperation.
It is my experience that most witnesses will talk to you,
however, even the seasoned interviewer will, upon occasion, encounter
the witness who will simply not be interviewed for any reason. If this
occurs, document the attempt(s) and keep for possible impeachment
purposes at trial.
Non-Adversarial (cooperative)
The "cooperative"
witness is usually not a challenge in the interview process. However,
the experienced interviewer should analyze each witnesses motive for
the information given and its' value. Most witnesses want to tell what
they know about the case because we as humans have a natural "need
to help" reflex and will relate their knowledge to you simply and
correctly. However, some "cooperative" witnesses may
embellish their story with made up facts in order to bolster their own
importance and knowledge of the case. Others may give facts that are
simply untrue in order to poison the investigation. Regardless of the
reason, the facts given by each witness should be corroborated
independently by other interviews and the review of the physical and
real evidence in each case.
Scientific Methods
Their are several "new" scientific methods of interviewing
which have been developed which can be useful tools to the interviewer.
These include Kinesic Interviewing, The Reid Method and
Neuro-Linguistic Programming (NLP). The schools for these methods are
quite expensive and are often cost prohibitive to the legal
investigator unless he/she is supported by a large firm or is a staff
investigator.
There are a number of accepted methods of "recording" the
interview. They include:
1. Verbal -- (unsigned with notes)
On many occasions a witness is reluctant to allow the
legal investigator to "record" the conversation between them.
If the witness insists that the interviewer not take notes or
audio/video tape the conversation then listen carefully to the
information provided by the witness and immediately after the interview
is concluded, draft careful notes of the information and later draft a
formal "Report of Interview" for the file.
Be diligent in keeping your original notes of the interview
with the date, time and location of the interview for authenticity.
2. Handwritten -- (Signed)
Many times the witness will not allow you to audio/video
tape your conversation but will sign a handwritten statement. This is
the "old tried and true" method of taking a witness
statement. It is somewhat time consuming, but reliable and lessens the
opportunity for the witness to later state they "didn't say
that".
Have the witness initial and date each page of the
statement and provide them with a copy of it if they ask for one.
3. Audio/Video Tape
In many instances an audio and/or video taped interview is
very effective. It can be transcribed for production in court and if
required the original tape can be played for the court in order to show
the demeanor of the witness and the conditions under which the
interview was conducted. The old saying "a picture is worth a
thousand words" relates to this.
Effective interviewing is the backbone of the legal
investigators arsenal of skills. One of my clients says that I have a
"good way with people" and credits that as part of my success
as an effective interviewer. The truth is, I am not, by nature, the
extrovert that he sees daily in my work. I am a mild introvert who has
worked to overcome it and develop my skills and "a good way with
people" in order to be a successful interviewer and legal
investigator.
Remember:
"You get more with Honey than
with Vinegar"
and
"There are no second chances to
make a good first impression"
Making a bad impression can mean the difference in successfully
obtaining information from a witness or going home empty-handed. Work
on your "interviewing skills" and develop "a good way
with people" so you don't go home empty handed.
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