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How the Investigative Interview can improve hearings and interrogations in the criminal process

9 of June de 2023

How the investigative interview can improve hearings and interrogations in the criminal process

When it comes to investigating crimes, One of the main sources of information is the people who witnessed or participated in the events. Victims, Witnesses and suspects can provide valuable data for the elucidation of cases and the pursuit of justice. But how to get this information effectively and reliably? One possibility is through the Investigative Interview.

The interview is a communication technique that consists of asking questions and listening to answers, for the purpose of obtaining information relevant to a particular purpose. In the context of criminal proceedings, The interview is used to collect evidence, clarify doubts, confront versions, identify those responsible and innocent, among others.

Nevertheless, The interview is not a simple task. It involves a number of challenges and difficulties, both for those who ask and for those who answer. A poorly done interview can generate false information, incomplete or contradictory, Undermining investigation and justice. A well-done interview, On the other hand, can generate true information, detailed and consistent, contributing to the elucidation of the facts and the protection of rights.

How to do a well-done interview? That's where the investigative interview comes in. This is a methodology based on scientific evidence, which aims to obtain the maximum reliable information from respondents, respecting their rights and ensuring their cooperation. Cecconello, Milne and Stein present in an article (attached to the bottom of the page) How the investigative interview can improve hearings and interrogations in the Brazilian criminal process. The authors explain the principles and techniques of the investigative interview, and show how it applies to different types of respondents: victims, witnesses and suspects.

The authors begin by defining what the investigative interview is and what its purpose is. They claim that the investigative interview is a structured and planned process of communication between an interviewer and an interviewee, aimed at obtaining information relevant to a criminal investigation. The purpose of the investigative interview is to gather as much information as possible from the interviewees, without compromising its quality or reliability.

Then, The authors present the basic principles of the investigative interview, which are:

Planning and Preparation: The interviewer should prepare before the interview, Collecting information about the case, The interviewee and the place of the interview. He should define the objectives of the interview, the questions you're going to ask and the strategy you're going to use.
The establishment of rapport: The interviewer should approach the interviewee in a respectful and professional manner, establishing a relationship of trust and cooperation. He should explain the purpose of the interview, the rights and duties of the interviewee and the rules of communication.
Obtaining information: The interviewer should collect the information from the interviewee using appropriate techniques for each type of interviewee. He should ask open-ended questions, specific and clear, avoiding suggestions or interruptions. He should listen carefully to the interviewee's answers, verifying your understanding and requesting clarification. Inconsistencies should be clarified through open-ended questions and strategic use of evidence.
The closure: The interviewer should end the interview in a cordial and polite manner, thanking the interviewee for the collaboration. He should check if there are any questions or concerns of the interviewee, and inform you of the next steps of the investigation.
The evaluation: The interviewer should evaluate the quality and quantity of the information obtained in the interview, comparing them with other sources of evidence. It must record the information in a report or in an audiovisual medium.

After presenting the basic principles of the investigative interview, The authors show how it applies to different types of respondents: victims, witnesses and suspects. The Investigative Interview has been implemented in the UK, where it is used there is more than 30 Years. They show how the partnership between researchers and police officers was key to the development, the application and evaluation of the methodology. Over the years 90 Oram conducted pilot studies, Training, Manuals, Supervision and audits to ensure the quality and effectiveness of interviews.

The investigative interview can bring benefits to the Brazilian criminal process, how:

Increase the quality and quantity of information obtained;
Reduce the risks of false confessions or false acknowledgments;
Preserve the evidence for further analysis;
Strengthen the relationship between police officers and interviewees;
Promoting human rights and professional ethics.