Question One
Interviews are those normal question-and-answer sessions between an investigator and either a victim or a witness. Most interviews are always carried out outside of the lock-up, in rooms designed specifically for interviews. Interrogations can be described as normal questioning of a suspect in a crime. They are mostly held within the safe confines of a lock-up facility.
Before an investigator starts interviewing or interrogating someone, the objectives of the exercise must be laid down. The objectives can be to prove innocence, to have valuable facts and to get a confession. The next step involves watching every move that the party makes. This includes noting the body movements and even facial expressions. A guilty person is usually fidgety. All these can give the interrogator an answer (Sonne, 2006). The interrogator is also supposed to establish a rapport with the party being interviewed.
The preparation of the interrogator involves having sufficient knowledge about both the case and the witness. For example, the interrogator must know the age of the witness or the suspect and where he or she comes from. The case must also be at the fingertips of the interrogator. For instance, if it is a murder or theft case, the chronology of events before and after the crime should be well outlined. Otherwise, the interview or the interrogation is likely to flop. Language barriers must also be eliminated at all cost so that the interrogation takes place (Sonne, 2006). The entrance door to the interrogation room should also have a gun box located to the outside where interrogators can store their firearm before they enter to question a suspect.
There are differences in the interviews or the interrogations conducted. The steps depend on the type of case as well as the person being interviewed or interrogated. If the person is a witness, the interview is usually ‘soft’ and the questions fewer in number than if the interrogation involves a suspect. Another difference can be attributed to the fact that while interviews are purposely to obtain information and not prove a person’s guilt or innocence, interrogations are primarily designed to prove guilt.
Question Two
Find a state supreme court or state appeals case from your state in which a conviction of a defendant from a lower court was overturned due to improper police tactics during an interrogation.
One of the most notable cases that were overturned in New York is the case commonly known as ‘New York vs. Kyle Thomas’. This case was about an attempted homicide and drug sales. The case was overturned by the Supreme Court because of ‘Substandard Informant Handling Practices’. Thomas Kyle was a target of the New York Police department (NYPD). This was because he was suspected to be selling drugs not only to minors but also to older age groups as well. When one of his clients died of gunshots wounds, he was arrested and detained (Levine, n.d.).
It is noted that the case only had two witnesses, and both placed the suspect at the scene of the crime. However, their statements did not corroborate. When he was taken to the Magistrate Court, he was found guilty by the judge. The judge took in the testimony of both the witnesses. Together with other physical evidence brought forward to the court, he was found guilty.
In his appeal to the Supreme Court, he argued that the witnesses were coerced to give false testimonies about him. He also argued that the police mishandled him during the interrogations that they conducted. When the materials brought as evidence were reviewed, the court found that he was telling the truth. The court also interviewed the investigators. This is a good example of a case that was overturned because the police used the wrong tactics in conducting their investigations and interrogations. Thus, the police or investigators or interrogators must follow the right steps when they are doing their job.
References
Levine, M. (n.d.). notable cases. Michael Levine Police Trial Expert. Retrieved March 9, 2014, from http://www.policetrialexpert.com/notable-cases/
Sonne, W. J. (2006). Criminal investigation for the professional investigator. Boca Raton, FL: CRC/Taylor & Francis.
