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UW-Madison COUNPSY 650 - Legal Interviews

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Current LectureI. Legal InterviewingDifferences from CP Basic Attending SkillsDecreased emphasis on openness and willingness to communicate about oneselfDecreased emphasis on honesty and forthrightness for interviewerDecreased emphasis on collaboration with the intervieweeHigher stakes4 typesPolice Interviews1. Police officers questioning individuals2. Detectives interrogating suspectsInterviews for lawyers1. Lawyers deposing individuals to gather info on event/case2. Lawyers and judges questioning during court proceedingsII. Police interviewsInterviews with witnessesVictimsEyewitnessesOthers with info related to eventInterrogation of suspectsTechniquesMug books: looking through pics of individuals with similar recordsSocial remembering: used with multiple witnesses- interview in dyads or groups; recall enhanced by interpersonal cuesCognitive Interview: involves context restatement through probes to enhance or “spark”Key PointsTiming- sooner the betterGetting specific descriptionsCultural considerationsYoungGenderRacial/ethnic background differences“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 suspectsProcess of questioning (typically by police) of person suspected or arrestedTypes:Investigatory interrogationRoutine questioning of person who is not in legal custody or deprives of his/her freedom of actionCustodial interrogationPerson must be “Mirandized”Questioning of person who is in legal custodyTechniquesPressure: to influence the actions of attitudes of another through use of questions, rational arguments, and emotional appealsInvolves persuasion and pressureGoal: to obtain confession or admissionAnything that would implicateMiranda or Miranda RightsAddresses confessions and interrogationsExtinguish use of COERSION but allow PRESSURE1. You have right to remain silent2. Anything you say can be used against you in court of law3. You have right to have attorney present now and during any future questioning4. If you cannot afford an attorney, one will be appointed to you free of charge if you wishInterrogation QuestionsBeyond simpleWhat happened?What did you do, see, or hear?Implies a suspects involvement in crimeInsinuating or judgmental tonePrefaces by rapport-building or treating suspect “like family”Kinesic InterviewingRapport-building/questioning establishes baseline of “normal behaviors”Monitor of nonverbal behaviors as part of key question interviewingOpen-ended questions allow identification of deceptive answersNonverbal: stress of lying exhibited through kinesic behaviors (eye contact, fidget, cover mouth)Key questionsDo you know why I asked you here today?Innocent: yesGuilty: no (too close to admitting what happened/involvement)Who do you think committed the crime?Innocent: nameGuilty: I don’t knowWhy do you think this crime was committed?Innocent: emphasize deviant behavior, mental health issues, etc.Guilty: I don’t know, silentDo you think the victim played a role?Innocent: noGuilty: yesWhat should happen to guilty party?Innocent: swift handed justice, harsh sentenceGuilty: slap on wrist, apologyInterrogation Questions Addresses ______ to commit crimeMotive- 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?Implicit BiasAttitudes 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 concealKey Characteristics:1. Pervasiveness- everyone has them2. Alignment- not going to align with moral beliefs3. Malleability- can changeArticle about De-BiasingSources of BiasSystem 1: implicit, unconscious associationsSystem 2: deliberate, conscious judgmentsDe-biasing strategies1. Modify the person (Ferguson ex: more training for police)1. Education- learning rules & principles2. Cognitive strategies to combat WYSIATI (what you see is all there is)- generating alternatives, dialectical bootstrapping3. Using quantitative models and checklists2. Modify the environment (Ferguson ex: cameras on police)1. “Economic” leversIncentivesAccountability*Nudges- shaping info, encouraging reflectionImplicit Bias Project- Harvard & Yalehttps://implicit.harvard.edu/implicit/IV. Legal Interviews- Attorneys5 distinct categories1. Client InterviewsConversations btwn attorney and client/ potential clientCriminal matters, real estate, divorce, estate planningThree-fold purposeGather infoProvide legal adviceDetermine whether to take caseChallengesEmotions, often first time telling eventBad rapport limits disclosure2. Witness interviewsIdentifies individuals who can provide info about event/caseDetermine reliabilityLikely to rememberFrequently observed eventsRecent eventsIntense eventsEvents which evoke pleasure or pain(fitting into pre-existing schemas)3. Jury selection interviews4. Direct examinationsPurpose:1st questioning of person for juryAccredit witnessCompetentSympatheticPersonalSet sceneKnowledge of eventsEventsProvide detailsTime and sequenceWitness Narrative ExamPose broad question that allow witness to tell his/her storyUse open-ended questions that put witness at center of attentionCreate clear and logical story progression“creative art” in which questions are posed to tell a story most advantageous to caseStages1. Put witness at ease2. Establish witness credibilityPose “key” questions“Orientation” questionsIsn’t it true that you were at the library when _ happened?“Punch line” questionsCalls attention to importance of approaching testimonyDid you see anything unusual that day?Inoculation questionAddresses weaknesses in testimony in positive mannerAlthough you were in library, you had big test next day, right?5. Cross examinationsPurpose1. Clarify, qualify, or explain testimony given on direct2. Elicit more testimony3. Attack credibility, knowledge, and recollection of witnessExpose inaccuraciesExpose witness bias or prejudice toward the other sideConsiderations for CrossBegin with question unrelated to directLays foundation for discrediting questionTypically don’t follow


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UW-Madison COUNPSY 650 - Legal Interviews

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