John E. Grimes III - Investigative Interviewing: Adopting a Forensic Mindset

Adopting a Forensic Mindset

John E. Grimes III, CFE, CFI

First edition published 2022

by CRC Press

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2022 John E. Grimes III

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A catalogue record for this book is available from the British Library

Names: Grimes, John E., III author.

Title: Investigative interviewing : adopting a forensic mindset / John E. Grimes III, CFE, CFI.

Description: First edition. | Milton Park, Abingdon, Oxon ; Boca Raton, FL : CRC Press, 2021. |

Includes bibliographical references and index. |

Summary: Investigative Interviewing: Adopting a Forensic Mindset aims to promote legal and ethical investigative interview methods. Accordingly, possessing a forensic mindset should be the foundation that governs every aspect of an investigative interviewers actions. Being a forensic professional-which includes the field of forensic interviewing-infers that one applies the highest standards in collecting, analyzing, preserving, and presenting evidence to a court of law or other tribunals. The term investigative interview with an interviewers forensic mindset can be used to achieve all interview objectives, even obtaining truthful confessions that stand up to the scrutiny of the courts and public opinion. Key to this, the author contends, is eliminating the term interrogation and the confession-obtaining mindset it creates. In its place, the term investigative interview is used, promoting a forensic mindset to achieve desired interview objectives. What transpires during the interview must stand up to the scrutiny of the courts and public opinion. In this regard, due process, documenting the procedure, and practicing proven, effective techniques is paramount to getting to the truth-the ultimate goal of any investigation. The book includes a chapter dedicated to false confessions, due to is criticality and frequent occurrences of this. It continues with a discussion on the desired qualities of an investigative interviewer and strategies to break down barriers and gain trust with reluctant, uncooperative, and hostile interviewees. Proper report writing, an underrated key to any interview and investigation, is addressed in detail. Lastly. the book provides training on best practice interview steps and strategies to lead the interviewee to the truth that will stand up to the scrutiny of the courts and public opinion. Investigative Interviewing: Adopting a Forensic Mindset is well-suited as a textbook-outlining techniques and detailing all relevant case law concerning confessions- in addition to providing an Instructors Manual with Test Bank and PowerPoint slides for professors to utilize in classroom instructionProvided by publisher.

Identifiers: LCCN 2021004768 (print) | LCCN 2021004769 (ebook) | ISBN 9780367771461 (hardback) |

ISBN 9780367771911 (paperback) | ISBN 9781003170150 (ebook)

Subjects: LCSH: Interviewing in law enforcement. | Forensic sciences.

Classification: LCC HV8073.3 .G66 2021 (print) | LCC HV8073.3 (ebook) | DDC 363.25/4dc23

LC record available at https://lccn.loc.gov/2021004768

LC ebook record available at https://lccn.loc.gov/2021004769

ISBN: 978-0-367-77146-1 (hbk)

ISBN: 978-0-367-77191-1 (pbk)

ISBN: 978-1-003-17015-0 (ebk)

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Preface

Author

1 Due Process and Case Law

Introduction

The Fifth, Sixth, and Fourteenth Amendments

Violations of Miranda

Custodial Questioning

Exceptions to Miranda

Miranda Application

Challenges to Miranda

Public Employee Due Process

Summary

Exercise 1.1. Multiple Choice and True and False

Exercise 1.2. Essay Topics

References

2 Interviewing Union Employees

Introduction

Background

Weingarten Ruling Application

Non-Weingarten situations

Union Employees Responsibility

Union Representative Rights and Roles

Employer Prohibited Acts

Personal Application of Interviewing Union Employees

Summary

Exercise 2.1. Multiple Choice and True and False Questions

Exercise 2.2. Essay Topics

References

3 Confessions

Introduction

Confession Case Law

Confessions Must Be Voluntary

Physical Pressure, Assault, and Battery

Psychological Pressure

Deception

Case Law That Allows Deception

Deception That Is Generally Allowed

Deception Not Allowed

Other Prohibited Tactics

Private Sector Confessions

Clear and Convincing Evidence

Investigative Interview Instead of Interrogation

Summary

Exercise 3.1. Multiple Choice and True and False Questions

Exercise 3.2. Essay Topics

References

4 False Confessions

Introduction

False Confession Hazards

Juvenile Coerced and False Confession Hazards

Solutions

Standardized Training

Record All Critical Interviews

Peer, Supervisory, and Legal Review

Investigate Confession Recants

Summary

Exercise 4.1. Multiple Choice and True and False Questions

Exercise 4.2. Essay Topics

References

PART 2 The Human Factor

5 Investigative Interviewer Desired Qualities

Introduction

Desired Qualities

Summary

Exercise 5.1. Multiple Choice and True and False Questions

Exercise 5.2. Essay Topics

6 Understanding the Interviewee

Introduction

Interviewee Negative Attitudes

Interviewee Untruthfulness/Truthfulness

Summary

Exercise 6.1. Multiple Choice and True and False Questions