by Joseph Mosley, MS, SHRM-CP, J&S Investigative Consultants
Investigative interviewing is an art as well as a science. As such, there are many steps to master to achieve an optimal outcome. In this article, we’ll examine the four components that comprise the core of an interview and offer insight to crucial skills and strategies that will help you hone your techniques.
Preparation
Of course, for any interview to be successful, the interviewer must prepare thoroughly. Preparation is the fuel that propels the entire interview process. This includes gathering as much information, documentation and on-hand knowledge as possible. Prior to any proposed interview, extensively research the topics that will be part of any discussions as well as the interviewees themselves. Before you sit down with an individual, you must have a handle on all the facts and moving parts of an investigation as well as any specific issues that prompted the need for an interview. This will allow you to formulate the best questions to ask.
Establishing pre-interview goals and location parameters is vital to the process. Make sure each interview subject understands the process and that witnesses comprehend the value of cooperation, now and in the future. As the interviewer, you also must be mindful of any rapport between witnesses and interviewees. In addition, you should also consider opportunities to assess non-verbal communication (we’ll discuss this in a bit) and obtain succinct and truthful statements. You also need to assess any cultural, gender or racial issues that may be present during the interview and investigative process. This includes determining ahead of time if an interpreter will be needed during an interview.
When considering an interview location, keep in mind that complainants often prefer to convene in a neutral location. Most interview environments should be private, comfortable and clean. Audio- and video-recording equipment also should be considered. Principally, the location should be free of distractions or potential interruptions, including any people and telephonic/communication devices that could disrupt the smooth flow of the interview.
Avoid locations in which you cannot control the environment, such as people’s homes, restaurants or coffee shops. These types of locales are rife with privacy and confidentiality concerns. Telephone interviews are OK; however, in many circumstances, it’s best to make sure the interviewee avoids using a speakerphone. In today’s technology-driven world, video chat, video software and other modern-conferencing options can be considered when attempting to schedule an interview with witnesses and subjects of interest.
The Interview Process
When it comes to conducting interviews, there are four core components to consider. Let’s take a look at each component before we delve into some specific strategies and techniques.
Orientation and Building Rapport: The outset of an investigative interview is about orienting the witness or person of interest and developing a positive rapport. This includes the setting and tonality of the interview as well as your direction. Consider the maxim that you don’t get a second chance to make a first impression, including your personal appearance.
Before delving into your prepared, case-related questions, explain to the interviewee why you are there and how you can help. Ask them if they have questions about the interview and the overall process. This is vital to establishing and maintaining transparency between you and the subject, and crucial to helping them feel comfortable in the situation and favorable toward you.
People will be more cooperative and forthcoming when they’re comfortable and feel like they have some familiarity with you. Further, this step is important in establishing a baseline for the interview process, in which you can compare the subject’s initial, exhibited reactions and general behaviors to those expressed during the high points of the interview.
Narration and Questioning: The initial step of this portion of the interview allows the interviewee to narrate or provide details pertinent to your investigation before you further lead the discussion and ask follow-up questions for clarity. Make sure not to interrupt the subject during this segment and ensure the steps you’ve taken to minimize or eliminate disruptions (people in the building and other distractions) are in place. Failing to allow interviewees the opportunity to narrate is a common mistake many interviewers make. Once the subject has concluded, you have the opportunity to clarify remarks and details as well as cover additional topics that need to be discussed. Execute this portion by asking specific, guided questions designed to achieve a positive outcome. It’s important to avoid asking closed-ended as well as convoluted or “jumbo” questions that are difficult to follow or understand.
In addition, avoid drilling the witness or subject while interviewing them as well as using embarrassing or derogatory words and phrases. You want to ensure each segment of the interview process is pure and explored entirely. Refinement and seeking clarity are crucial during the interview process.
Open-ended questions are the key to unlocking helpful answers and expanding on the knowledge you had prior to the interview. Remember, you’re looking to draw out more information, paint a complete picture, confirm someone’s position on a matter or thoroughly understand an issue. Instead of asking leading questions that suggest answers, ask questions designed to clarify the gaps in the interviewee’s story. Making relevant reference points in your notes during the narration period is critical to identifying the areas that require follow-up questions for clarification.
Keep in mind that the human memory often requires aid to pluck out details and facts. Make sure you have relevant documents that you gathered prior to the interview available to help the subject recall important details and facts. The biggest challenge is often when a witness requires more prompting or assistance when reciting a series of events, so come to the interview prepared.
Interview Summation: The third component of the interview allows the interviewer to make sure all the information discussed by the interviewee is correct. You can achieve this by cueing and referencing the important points discussed. If you need to elicit further information from the subject, once again ask pertinent, open-ended questions.
Closure: The fourth step of a successful interview is to provide proper closure. This is your opportunity to make sure the entire interview has been thoroughly conducted and completed to the highest order. This step should establish a sense that the witness or subject will continue to cooperate with you through the entire investigative process. You also want to take steps to ensure the interviewee feels good about the process and overall experience.
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Skills and Techniques
Now that we’ve established the four primary components to an investigative interview and their purpose, following are some important considerations that can help you sharpen your interview skills and techniques.
Overcoming Language Barriers: As mentioned earlier, you need to be aware of any language barriers prior to conducting a formal interview. Always use a qualified interpreter if an interviewee’s primary language is not English. Never rely on family, friends or a co-worker who speaks the same language as this can create a level of bias. Every word must be translated during an interview as well as in the interview transcript. To minimize distraction and ensure the subject speaks directly to you and not the interpreter, it’s a good idea to have the interpreter sit behind the interviewee. Always maintain a level of specificity in your questions. Remember, exact facts are always required, and not all subjects are forthcoming with their answers or readily share information with interviewers.
Taking Notes: When taking notes during an interview, always include the interviewee’s name, the date, time and location. You should explain early in the interview that you will be taking notes and why. During the interview, take notes consistently rather than sporadically because interviewees may perceive a sporadic note to be more heavily weighted than others. Write legibly, and keep all of your rough notes with the assumption that what is written down will be seen by all parties. In fact, be conscientious about writing down personal thoughts. Notes should be free from subjectivity and bias, so if a personal note is warranted, consider writing it down on a separate piece of paper, not the official notepaper. At the conclusion of each interview, make it a habit to ask the subject or witness to sign your written notes.
Remember, notetaking should always be conducted during the course of the interview, not after it’s over, and take notes even if you’re recording audio or videotaping.
Detecting Evasion: As the interviewer, you should carefully consider interviewee responses that include phrases like “that’s it” or “that is all I can remember.” You’re looking for detailed answers that precisely address the questions being asked, not generalized or evasive responses. In fact, generalized answers are usually an admission. The witness or subject knows the question being asked, and a general answer is a sign that they potentially know more than what they are sharing. When this occurs, continue to probe for specific answers. Remain calm and repeat the query to explain why the question is being asked. Keep in mind, that it may be necessary to rephrase the question and remind the interviewee what they did during a specific event.
Assessing Non-Verbal Cues: To assess the interview subject’s credibility, you must observe their eagerness to be interviewed as well as their behavior during the session. Their responses are vital to corroborating gathered information, documents and other material obtained during the investigation. Be observant of their exhibited stress level during the questioning period, and be cognizant of their body posture. In addition, be keenly aware of any opposites displayed, such as verbally saying “yes” while nodding no. Similarly, pay attention to any hand wringing or fidgeting, as these characteristics can be indicative of attentive psychological issues. Also, one should strive to ensure the interviewee’s normal behavior and ability to remain alert during the interview.
Final Thoughts
Accurately assessing an interviewee’s attributes can play a key role in concluding an investigation. Though the interviewing process can be stressful for many witnesses and parties of interest, it’s a vital element of any investigation.
This article is intended as an overview of traditional approaches to investigative interviewing. As mentioned at the outset, this pursuit combines art and science. Mastering techniques takes time, practice and the attainment of specific skill sets. Apply the information discussed here to other practices and experiences as you build your understanding and application of investigative intervention conventions.
Joseph Mosley is the Principal Investigator and owner of J&S Investigative Consultants in Flint, Michigan. He holds a bachelor’s degree in health sciences from the University of Michigan and a master of science degree in investigative sciences, with an emphasis in financial crimes and security, risk and resiliency, from the University of New Haven in Connecticut. He’s working toward a doctorate in criminal justice. Joseph has researched investigations and criminology, and his work focuses primarily on the conventions implored by the different sectors of the criminal justice system in the United States and worldwide. To reach him, call (810) 962-7088; email hi@jspiconsults.com; visit www.jspiconsults.com.
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