How an investigator prepare for an interview or interrogation

Full Answer Section

• Setting the Stage: The environment should be conducive to the purpose. This might involve choosing a quiet and private location, arranging seating strategically, and ensuring recording equipment is functioning properly.

Differences:

• Goal: An interview's primary goal is to gather information from a person who may have knowledge about a crime or incident (witness, victim, etc.). An interrogation's goal is to obtain information from a suspect, including a confession or admission of guilt.
• Approach: Interviews are typically more conversational and less confrontational. The investigator aims to build rapport and encourage the interviewee to share information freely. Interrogations, by contrast, can be more direct and accusatory. Investigators may use specific interrogation techniques designed to elicit a confession.
• Legal Considerations: Miranda warnings are generally required before a custodial interrogation, but not necessarily for interviews. The level of scrutiny regarding voluntariness is higher in interrogations due to the potential for coercion.
• Focus: Interviews focus on gathering facts and details. Interrogations focus on testing the veracity of the information, seeking inconsistencies or contradictions.

In summary: Interviews are information-seeking; interrogations are truth-seeking (from a suspect). Interviews prioritize rapport-building; interrogations may involve carefully crafted psychological tactics.

2) State Case of Overturned Conviction Due to Improper Interrogation Tactics

It's important to note I cannot provide legal advice, and this information is for educational purposes. Legal cases are fact-specific, and outcomes can vary. Always consult with a legal professional for advice on specific situations.

Finding a perfectly analogous case from your specific state requires access to legal databases that I do not possess. However, I can provide a hypothetical example based on common issues that lead to overturned convictions, and guide you on how to find real cases.

Hypothetical Example (Based on Common Issues):

Let's imagine a (hypothetical) case in the State of "Columbia" where a defendant, John Doe, was convicted of robbery. His conviction was based largely on a confession obtained during interrogation. The State Supreme Court overturned the conviction, finding that Doe's confession was involuntary. The court found that the interrogating officers:

• Deprived Doe of food and sleep for an extended period during the interrogation.
• Made promises of leniency that were later not fulfilled.
• Engaged in prolonged and aggressive questioning, ignoring Doe's repeated requests for an attorney.

The court held that these tactics, taken together, constituted coercion, rendering Doe's confession involuntary and inadmissible. Therefore, the conviction was overturned.

How to Find Real Cases:

To find actual cases from your state:

1. State Court Websites: Many state court systems have websites with searchable databases of court decisions. You can often search by keywords (e.g., "interrogation," "confession," "Miranda," "voluntariness").
2. Legal Databases: Legal databases like Westlaw, LexisNexis, and Fastcase (often available through law libraries or bar associations) provide comprehensive access to case law. These databases allow for advanced searching using specific legal terms and citations.
3. Google Scholar: While not as comprehensive as legal databases, Google Scholar can sometimes lead you to relevant legal cases, especially if you know the name of the case or specific legal principles involved.

Key Search Terms:

When searching, use terms like: "involuntary confession," "coercion," "Miranda violation," "interrogation tactics," "[your state] supreme court," "[your state] court of appeals."

Remember to read the full case opinion to understand the specific facts, legal reasoning, and holding of the court. Pay attention to how the court analyzes the totality of the circumstances surrounding the interrogation to determine whether a confession was voluntary.

Sample Answer

Let's delve into the preparation for interviews and interrogations, and then examine a relevant legal case.

1) Preparing for Interviews and Interrogations: Similarities and Differences

Both interviews and interrogations require careful preparation, but their goals and the techniques used differ significantly.

Similarities:

• Background Research: For both, investigators need to gather as much information as possible about the subject, the incident, and any related evidence. This includes reviewing reports, witness statements, and any other relevant materials.
• Understanding the Law: Investigators must be thoroughly familiar with the legal rules governing interviews and interrogations, including Miranda rights, rules of evidence, and any state-specific regulations.
• Developing an Interview/Interrogation Plan: A structured plan is essential. This includes outlining the objectives, identifying key questions, and anticipating potential responses.