The Reid Technique of Interviewing and Interrogation for Investigators. Part Seven: Putting it All Together

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1 1 The Reid Technique of Interviewing and Interrogation for Investigators Part Seven: Putting it All Together Presented by Joseph P. Buckley President JOHN E. REID AND ASSOCIATES, INC. 209 W. Jackson Blvd. Suite 400 Chicago, Illinois fax c 2013 John E. Reid and Associates, Inc. The material in this outline is designed solely for the participants attending this program. No portion of this material may be reproduced, copied or transmitted to any other person without the express written consent of John E. Reid and Associates, Inc.

2 The Original 2 John E. Reid and Associates began developing interview and interrogation techniques in The Reid Technique of Interviewing and Interrogation is now the most widely used approach to question subjects in the world. The content of our instructional material has continued to develop and change over the years. John E. Reid and Associates is the only organization that can teach the current version of our training program on The Reid Technique of Interviewing and Interrogation. Some of our clients include. PRIVATE GOVERNMENT POLICE ABBOTT LABS AIR FORCE ALASKA STATE POLICE AT&T ATF AMTRAK RR PD AETNA LIFE and CASUALTY CIA ANCHORAGE PD AMERICAN EXPRESS DEA BOSTON PD AMERICAN HONDA DEPT. OF DEFENSE CHICAGO PD AMOCO OIL DEPT. OF EDUCATION CINCINNATI PD BAXTER DIAGNOSTICS DEPT. OF ENERGY DALLAS PD BAUSH & LOMB DEPT. OF LABOR DENVER PD BLUE CROSS/BLUE SHIELD DEPT. OF JUSTICE DETROIT PD BRINKS DEPT. OF STATE HOUSTON PD BURGER KING CORP. EEOC ILLINOIS STATE POLICE COACH, INC EPA INDIANAPOLIS PD DOW CHEMICAL FAA INDIANA STATE POLICE DUPONT FBI LAS VEGAS PD EASTMAN KODAK FDA LOS ANGELES PD FEDERAL EXPRESS FED. LAW ENFOR. TRAINING CENTER LOUISIANA STATE PD FORD MOTOR COMPANY HOMELAND SECURITY MARYLAND STATE PD GATEWAY COMPUTER IRS METRO D.C. PD GENERAL MOTORS NUCLEAR REG. COMMISSION MIAMI PD IBM OSHA NEW YORK PD JC PENNEY COMPANY POSTAL INSPECTION SERVICE OKLAHOMA CITY PD KROGER SECRET SERVICE PHILADELPHIA PD KMART TSA PHOENIX PD MOTOROLA US ARMY PITTSBURGH PD NOKIA US COAST GUARD SALT LAKE CITY PD SEARS US MARINE CORPS SAN FRANCISCO PD VERIZON US NAVY TEXAS RANGERS U. S. Supreme Court Recognition In June 2004 in the case of Missouri v. Seibert, the United State Supreme Court referenced our company and our book, Criminal Interrogation and Confessions, as examples of law enforcement resources that offered proper training. In 1994 the United States Supreme Court referenced our textbook, Criminal Interrogation and Confessions, in making their decision in the case Stansbury v. California. Courts throughout the country have recognized The Reid Technique as the leading interview and interrogation approach used today in both the law enforcement and business communities (see our web page for details). REID PRODUCTS Reid has produced audio and video training materials, as well published several books. For more information about our company services, training programs and products visit our web page at

3 3 THE REID TECHNIQUE OF INTERVIEWING and INTERROGATION for Criminal Justice Students Program Content Behavior Symptom Analysis The verbal and nonverbal behavioral characteristics that distinguish a truthful person from one who is withholding or fabricating relevant information The Behavior Analysis Interview The structure for the interview that is designed to elicit both factual and behavioral information so as to suggest investigative direction The Reid Nine Steps of Interrogation The interrogation process that is designed to obtain an admission of guilt The Interview is a non-accusatory information gathering conversation, conducted in a question and answer format. The interview should combine both investigative and behavior provoking questions.. The purpose of the interview is to develop both investigative and behavioral information to determine the direction of the investigation. The interrogation is accusatory and consists of a monologue in which the investigator gives the subject psychological justification for committing the act in question. The interview/interrogation environment should be quite and free of distractions, as private as possible, and set up so that there is no physical barrier between the investigator and the subject. Generally speaking an interview should be conducted before any interrogation. Verbal behavior consists of the content of the subject s story and such vocal characteristics as speed, pitch, tone of voice and clarity of response. Nonverbal behavior consists of posture, gestures, illustrators and physical movements. Nonverbal behavior can support or contradict the meaning of the verbal response. There are many factors that can influence a subject s behavior, including mental capacity, psychological stability, culture and physical condition at the time of the interview. Always consider the subject s behavior symptoms in conjunction with the case facts and evidence.

4 4 Truthful Individual ATTITUDE NON-VERBAL VERBAL Composed Upright and frontally aligned Deny in general Concerned Open Use realistic words Cooperative Leans forward Direct answers Direct and Spontaneous Relaxed posture changes Spontaneous Sincere Uses illustrators Reasonable memory Open Maintains good eye to eye Complete, clear answers Deceptive Individual ATTITUDE NON-VERBAL VERBAL Overly Anxious Unnaturally rigid Deny specifically Unconcerned Barriered posture Avoid realistic words Defensive Slouched, overly casual Evasive answers Overly Polite Lacks frontal alignment Delayed answers Evasive Erratic & rapid posture changes Delay tactics Guarded Frequent gestures Memory of extremes Significant posture changes Does not use illustrators Avoids direct eye contact Qualifies answers Reinforcement phrases Mental blocks References to religion/oaths Mumble/tone of voice changes

5 The Behavior Analysis Interview 5 Interview Segments: Non-Threatening Baseline Questions Biographical Information School activities Casual Conversation Investigative Questions Allow the subject to tell their story Clarify the details of the story Ask questions to develop information not yet disclosed Behavior Provoking Question These are questions that most truthful people answer one way and most deceptive individuals answer a different way. PUNISHMENT THINK "Jim, what do you think should happen to the person who (issue)?" or What do you think should happen to the kind of person that would (issue)? Jim, did you ever think about (issue) even though you didn t go through with it? SECOND CHANCE Jim, do you think that the person who did this (or the kind of person that would do something like this) should be given a second chance? INVESTIGATION RESULTS Jim, how do you think that this investigation will come out on you? BAIT In asking the Bait question, the interviewer implies the possibility of developing incriminating evidence, and asks the subject how he would explain such evidence. Jim, is there any reason..? Now, I m not saying that you did this but..

6 6 The Reid Nine Steps of Interrogation (Steps 1, 2,3 and 7) Step One: DIRECT POSITIVE CONFRONTATION "I have in this file the results of our investigation into the (issue). The results of the investigation clearly indicate that you are the person who (issue)". Step Two: THEME DEVELOPMENT In a monologue the interrogator proposes to the suspect reasons and motives that will serve to psychologically justify or excuse the suspect's criminal behavior. General Rule: attempt to place the blame for what the suspect did on some person or set of circumstances other than the suspect himself. The theme is developed as to why the suspect committed the act, not if he committed the act. Step Three: HANDLING DENIALS Discourage the subject from verbalizing denials. Bill wait just a minute. Kim let me just explain something. Dan hold on for a second. Combine with physical gestures of turning the head away or putting up the stop sign. Step Seven: PRESENTING AN ALTERNATIVE QUESTION The alternative consists of a question in which the suspect is offered two incriminating choices concerning some aspect of the crime - based on an assumption of guilt. The alternative should be followed by a supporting statement in which the interrogator tells the subject that he thinks it was done for the good reason. Was this your idea or did your buddies talk you into it? I think you got talked into it, didn t you? Did you plan this out or did it just happen on the spur of the moment? I think it was just on the spur of the moment, wasn t it?

7 7 The Reid Technique The Reid Technique is specifically designed to do everything possible to protect against a person making a false confession. In our training manual, courses and books we teach the following: Do not make any promises of leniency Do not threaten the subject with any physical harm or inevitable consequences Do not conduct interrogations for an excessively lengthy period of time Do not deny the subject any of their rights Do not deny the subject the opportunity to satisfy their physical needs Withhold information about the details of the crime from the subject so that if the subject confesses he can reveal information that only the guilty would know Exercise special cautions when questioning juveniles or individuals with mental or psychological impairments The confession is not the end of the investigation investigate the confession details in an effort to establish the authenticity of the subject s statement As one U.S. District court stated, In sum, the proffered expert testimony to the effect that the Reid technique enhanced the risk of an unreliable confession lacked any objective basis for support whatever. US v. Jacques, the US District Court of Massachusetts False confessions are not caused by the application of the Reid Technique, they are usually caused by interrogators engaging in improper behavior that is outside of the parameters of the Reid Technique using improper interrogation procedures engaging in behavior that the courts have ruled to be objectionable, such as threatening inevitable consequences; making a promise of leniency in return for the confession; denying a subject their rights; conducting an excessively long interrogation; etc. If you have any questions contact Joseph P. Buckley at ext 19, or jbuckley@reid.com. Resources: Criminal Interrogation and Confessions, Inbau, Reid, Buckley and Jayne 5 th ed, 2011 Jones and Bartlett, Burlington, MA The Essentials of the Reid Technique: Criminal Interrogation and Confessions. Inbau, Reid, Buckley and Jayne 2 nd ed., published in 2013, Jones and Bartlett, Burlington, MA - website for John E. Reid and Associates, Inc. Chicago, IL On, on the What's New page, we have prepared eight brief PowerPoint presentations for your review which address several current issues involving interrogation practices. The first is entitled, What is the Reid Technique? (14:10 ) - in this presentation we discuss the three stages of the Reid Technique, including Factual Analysis, the Investigative Interview and the Interrogation process.

8 The second presentation is entitled, Behavior Symptom Analysis: Assessing a Subject's Credibility (9:31) - in this presentation we discuss the issue of Misclassification and whether or not investigators can accurately evaluate a subject s credibility based on the behavior symptoms that they display during an investigative interview. The third presentation is entitled, The Use of Deception During an Interrogation (10:22) - in this program we discuss whether or not an investigator can falsely tell a suspect that evidence exists which links him to the commission of the crime, and if he can, what safeguards must be followed. The fourth presentation is entitled, Interrogation Tactics and Techniques (10:33) - in this program we discuss such issues as The Purpose of an Interrogation; Minimization; Pragmatic Implication and the Alternative Question; and, the "Accident Scenario." The fifth presentation is entitled, False Confession Issues (6:31) - in this program we discuss the causes of false confessions and the safeguards that are built in to The Reid Technique to protect against this occurrence. The sixth presentation is entitled, What Do the Courts Say About the Reid Technique? (9:49) - in this program we discuss several court decisions as they examine the admissibility of confessions that were obtained by using the procedures outlined in the Reid Technique. The seventh presentation is entitled, What Do the Courts Say About the Testimony of False Confession Experts? ( 9:29 ) - in this program we discuss several court decisions as they examine the admissibility and relevancy of the testimony offered by false confession experts. The eighth presentation in entitled, How False Confession Experts Mischaracterize the Reid Technique (15:12 ) - in this program we review many of the statements that false confession experts oftentimes make about the Reid Technique and examine the accuracy of such statements. 8