UW-Madison COUNPSY 650 - Legal Interviews (11 pages)

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Legal Interviews

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Legal Interviews


Material for exam 2

Lecture number:
Lecture Note
University of Wisconsin, Madison
Counpsy 650 - Theory and Practice in Interviewing
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CounsPsych 650 Lecture 12 Outline of Last Lecture I Get the interview a Clues b Cover letter resume c Curriculum vita II Get the job admission to grad school a Basic professional etiquette b Interview questions c Prepare for interview self Outline of Current Lecture I Legal Interviewing a 4 types i Police interviews 2 ii Interviews for lawyers 2 II Police interviews a Techniques b Key points III Interrogation of suspects a Types These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute b Techniques c Questions d Kinesic Interviewing e Implicit Bias IV Attorneys a 5 distinct categories i Client Interviews ii Witness Interviews iii Jury Selection Interviews iv Direct examinations v Cross examinations V Adversarial vs Restorative Justice Current Lecture I Legal Interviewing Differences from CP Basic Attending Skills o Decreased emphasis on openness and willingness to communicate about oneself o Decreased emphasis on honesty and forthrightness for interviewer o Decreased emphasis on collaboration with the interviewee o Higher stakes 4 types o Police Interviews 1 Police officers questioning individuals 2 Detectives interrogating suspects o Interviews for lawyers 1 Lawyers deposing individuals to gather info on event case 2 Lawyers and judges questioning during court proceedings II Police interviews Interviews with witnesses o Victims o Eyewitnesses o Others with info related to event Interrogation of suspects Techniques o Mug books looking through pics of individuals with similar records o Social remembering used with multiple witnesses interview in dyads or groups recall enhanced by interpersonal cues o Cognitive Interview involves context restatement through probes to enhance or spark Key Points o Timing sooner the better o Getting specific descriptions o Cultural considerations Young Gender Racial ethnic background differences o Professional Witnesses person who is always around at crime and wants to give story that happened how reliable what is motivation to testify III Interrogation of suspects Process of questioning typically by police of person suspected or arrested Types o Investigatory interrogation Routine questioning of person who is not in legal custody or deprives of his her freedom of action o Custodial interrogation Person must be Mirandized Questioning of person who is in legal custody Techniques o Pressure to influence the actions of attitudes of another through use of questions rational arguments and emotional appeals o Involves persuasion and pressure o Goal to obtain confession or admission Anything that would implicate o Miranda or Miranda Rights Addresses confessions and interrogations Extinguish use of COERSION but allow PRESSURE 1 You have right to remain silent 2 Anything you say can be used against you in court of law 3 You have right to have attorney present now and during any future questioning 4 If you cannot afford an attorney one will be appointed to you free of charge if you wish Interrogation Questions o Beyond simple What happened What did you do see or hear o Implies a suspects involvement in crime o Insinuating or judgmental tone Prefaces by rapport building or treating suspect like family Kinesic Interviewing o Rapport building questioning establishes baseline of normal behaviors o Monitor of nonverbal behaviors as part of key question interviewing Open ended questions allow identification of deceptive answers o Nonverbal stress of lying exhibited through kinesic behaviors eye contact fidget cover mouth Key questions o Do you know why I asked you here today Innocent yes Guilty no too close to admitting what happened involvement o Who do you think committed the crime Innocent name Guilty I don t know o Why do you think this crime was committed Innocent emphasize deviant behavior mental health issues etc Guilty I don t know silent o Do you think the victim played a role Innocent no Guilty yes o What should happen to guilty party Innocent swift handed justice harsh sentence Guilty slap on wrist apology o Interrogation Questions Addresses to commit crime Motive have you been needing a laptop lately to do your work Alibi who can account for your whereabouts when the laptop was stolen Access general do you have access to the office where the laptop was stolen Opportunity at specific point of crime during regular work hours how often do you go into the office where the laptops are kept o Implicit Bias Attitudes or stereotypes that affect our understanding actions and decisions in an unconscious manner unknown or blind Residing deep in the subconscious these biases are different from known biases that individuals may choose to conceal Key Characteristics 1 Pervasiveness everyone has them 2 Alignment not going to align with moral beliefs 3 Malleability can change Article about De Biasing Sources of Bias System 1 implicit unconscious associations System 2 deliberate conscious judgments De biasing strategies 1 Modify the person Ferguson ex more training for police o 1 Education learning rules principles o 2 Cognitive strategies to combat WYSIATI what you see is all there is generating alternatives dialectical bootstrapping o 3 Using quantitative models and checklists 2 Modify the environment Ferguson ex cameras on police o 1 Economic levers Incentives Accountability Nudges shaping info encouraging reflection Implicit Bias Project Harvard Yale https implicit harvard edu implicit IV Legal Interviews Attorneys 5 distinct categories 1 Client Interviews o Conversations btwn attorney and client potential client Criminal matters real estate divorce estate planning o Three fold purpose Gather info Provide legal advice Determine whether to take case o Challenges Emotions often first time telling event Bad rapport limits disclosure 2 Witness interviews o Identifies individuals who can provide info about event case o Determine reliability o Likely to remember Frequently observed events Recent events Intense events Events which evoke pleasure or pain fitting into pre existing schemas 3 Jury selection interviews 4 Direct examinations o Purpose 1st questioning of person for jury Accredit witness Competent Sympathetic Personal Set scene Knowledge of events Events Provide details Time and sequence Witness Narrative Exam o Pose broad question that allow witness to tell his her story o Use open ended questions that put witness at center of attention o Create clear and logical story

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