Originally published in ILEETA. Congratulations, you were assigned a homicide investigation and you have identified a suspect. It’s now time for the suspect interview, what’s the game plan? The taking of another person’s life is one of the most heinous crimes against society one can commit and as such, these investigations can be intense and often bring intense scrutiny for the lead investigators. Interviewing the suspect is often the culmination of a lengthy investigation and when done well, can often bring the truth to light. To be successful, you have to plan ahead. First things first, what is your plan for Miranda. Anytime a suspect is being questioned and in police custody, they are entitled to be advised on the right to remain silent and the right to have an attorney. Obviously, you are going to question them in an interview, so the issue becomes whether or not they are in custody. If you do not read them Miranda rights, the burden falls on you to show that they were not in custody and any reasonable person would have known they were not in police custody. It’s always best to discuss the issue ahead of time with your local prosecutor but for what it’s worth, I would recommend advising on Miranda whether they are in custody or not. My experience has been that if a person wants to talk to you, they will do so even if they have been advised on their right to remain silent and consult an attorney. Once advised of the Miranda rights, any statements they make are fair game and it eliminates any arguments for the defense attorney to make later. Once your past Miranda, the next step is to get the suspect talking. In the beginning, any conversation is good conversation. The best thing you can do is ask simple non-confrontational questions and let them talk. There are two reasons for this. One, if they are innocent, this is there chance to tell you what happened uninterrupted. Taking the time to hear them out is the best way to gather the information you will need to clear them and move on to the correct suspect. The second reason is that if they are lying, the more they talk, the harder it will be to keep their story straight. Lying is cognitively harder than telling the truth because you have to make it up as you go, not recall it from memory. If they are in fact guilty of murder, they only agreed to the interview to somehow benefit themselves. It could be finding out what you know or trying to convince you of their innocence, but they are acting in their own best interest. The more they talk, the more they have to keep track of and the harder it becomes to keep the lie going. Once you have let them talk for a while, the next step is to confront them with the allegations and see how they react. The specifics can vary but ultimately the murder suspect only has four possible responses and you should be prepared for whichever route they choose. 1. “I did it”. Yea, they have confessed to the crime, case closed, right? Not so fast, once they confess to the murder, the issue becomes did they knowingly and willingly make the statement. Keep questioning them to help verify the accuracy of the confession. Are they mentally ill and making this up? Are they covering for someone or confessing out of fear for the real killer? Are they seeking notoriety by confessing to this crime? The key thing to remember is that the confession in and of itself is not enough. Keep gathering details that can be verified later on, the goal is to get to the truth. 2. “It didn’t happen”. This response is common in domestic violence, especially in child abuse cases. In this situation, the offender is trying to convince you that a murder never occurred, and that the death was a tragic accident. Often In these cases, there will be a staged crime scene where the offender took steps to cover his or tracks. Details, details, details and a thorough crime scene investigation are key here. Instead of confronting them, try to ask questions that would be relevant if their story was true. It is nearly impossible for the offender to have staged this death and thought of everything, keep patiently asking questions and the house of cards they built will eventually crumble. 3. “It was self-defense”. In this response, the offender acknowledges killing the victim but is arguing that they were forced to do it in self-defense. The question at hand then becomes was it self-defense or self-justification. Your first focus is to get their full statement. Get them talking and only ask questions if you need clarification on what they said. Police officers know better than most, that sometimes, one is forced to defend themselves. This is that persons chance to explain their actions. If they are being dishonest, the truth will come out. Questions that need answered in the interview include the following. Could they have avoided the situation? What was going on leading up to the incident? Is it reasonable to believe the victim was a lethal threat to the suspect? 4. “It wasn’t me”. This offender is arguing that although a homicide occurred, someone else must have done it. The focus in these interviews is the evidence tying them to the scene. Once you have allowed the suspect to tell their story, focus on their alibi. If they did not commit the murder, then they have must have been doing something else at the time. Focus on establishing a timeline so you can follow up on it later. Once you have locked them into their story, slowly start confronting them with the evidence of their guilt. Once the evidence is clear, they have to pick between confessing or continuing to make statements that can easily be disproven. In conclusion, the best way to be successful is to plan ahead and anticipate the offenders likely answer based on the circumstances of the case. There are literally hundreds of books and articles written on interviewing criminals along with numerous training opportunities offered throughout the United States to help improve your skills. There is also likely another officer in your department with a knack for suspect interviews who can help you along. Being patient and putting the work in ahead of time will be invaluable when the time comes for you to confront the homicide suspect. AuthorJim Twardesky is a veteran police detective and adjunct instructor for the Macomb Public Service Institute. He offers training on investigating child abuse and sex crimes, having lectured regularly on these topics since 2017.
0 Comments
Leave a Reply. |