We the Professional
Private Investigators must understand the key words involved i.e Art, Investigation,Interview,Science
and Interrogation as we procure 75% of total information from these
words which become our tools.For the purposes of this write-up,let us confine
to the meanings which really depict our profession.
ART means subjects of study
concerned with human culture or ‘a skill’.
INVESTIGATION means to ‘carry out a
systematic inquiry so as to establish the truth of something and also to carry
out research into a subject’.
INTERVIEW means a meeting in which
someone asks questions about work,observations or opinions of the person on
particular episodes,happenings and incidents.It is aimed at extracting the
truth from the person being interviewed.
These three words outline
the scope of our expertise, enterprise and focus.The other two words have
different meanings for the official agencies who are empowered to ask
questions.
‘Science’ of
Interrogation: The word ‘Science’ generally connotes study and knowledge
of the physical and natural world based on observation and experiment.It
also means ‘a body of knowledge on any subject’.Even if it is the science
for law-enforcement agencies to interview for investigative purposes,the
underlined words Study and Knowledge based on observation are arts to be
developed by the professional investigator.We have to selectively chance
upon the identity,circumstances and observations of the person who can dish out
information on the subject of our quest.We are not authorised to
arrange, organize or direct such a person
by way of authority to accord interview.Thus, the powers vested in
law-enforcement agencies to ensure attendance of witnesses are not available to Professional
Private Investigators.They have to convert these powers in an artful manner to
seek an interview,run accidentally into the witness but as per design so as to
make the interviewer acceptable by the witness for conversations in a very
casual manner.The ‘science’ (authority) has to be converted into ‘art’ of
creating a situation to interact with the potential power-house of
information.The word ‘Interrogation’ is absolute rather than abstract.Under
Section 161 Code of Criminal Procedure,1973 the examination of witnesses by
police is permissible to orally examine any person supposed to be acquainted
with the facts and circumstances of the case.Under this section (161 Cr.P.C)such
person shall be bound to answer truly,all questions relating to such case,put
to him by such officer,other than questions,the answers to which would have a
tendency to expose him to a criminal charge or to a penalty or forfeiture.There
are limitations imposed in the section to the effect that it is not to be
‘signed’ by the person interrogated and that it is not admissible as evidence,if
signed.
What is Investigative
Interviewing?
It is a complex form and
a powerful tool for gathering informations from interviews.It is meant to
clarify the unclear,connect facts that seem disconnected,challenge
contradictions and obtain confessions or admissions as part of evidence to be
adduced in courts.
Human Psychology - In
understanding personality type of witness:
In delving into the minds
of people,selected for investigative interviews,we must completely re-orient
our basic understanding of human behaviour.The criminal law,just reflects the
history of the emotional attitudes of man throughout ages of evolution of
society.But to study human behaviour we must know what the psychology of human
beings is.It can be defined as ‘the science of human and animal behaviour:
including the application of this science to human problems’. But the
question is why the word ‘behaviour’ rather than ‘mind’ or ‘thoughts’ or
‘feelings’ in the definition of psychology.Behaviour means anything a person or
animal does that can be observed.Behaviour,unlike mind, thoughts or feelings
can be observed,recorded and studied.Internal mental processes manifest
themselves through their external behaviour which can be seen,recorded and
studied.Behaviour is the resultant action of human being on account of thought
processes and mental turmoil.The application of knowledge is an art, a skill,or
a knack for doing things which is acquired by study,practice and
experience.With practice,we the Private Investigators,can make use of
psychology,in dealing with witnesses and in interviewing them properly.Every
human being is different and he/she needs to be treated differently.
We must understand that personality of
a human being is governed by three dynamic systems.These are ‘id’, ‘ego’ and
‘super ego’.The ‘id’ consists of instinctual,sexual and aggressive drives.It is
the sub-stratum of personality from which all other systems develop.It
operates according to the ‘pleasure principle’ by seeking tension reduction
through the discharge of impulses.
The ‘ego’ develops as a central
system which seeks drive satisfaction through contact with reality.The ‘ego’
functions to control the impulsiveness of the ‘id’ in order that the
drive satisfaction can be obtained but within the limits imposed/on the
individual by the society.The ‘ego’ has control over all cognitive and
intellectual functions.The ‘super ego’ is the moral element of
personality.It represents the totality of internalized demands of parents and
of society as a whole.As Sigmund Freud had formulated these concepts,a lot of
appreciation and also condemnation has come on record.But the fact remains that
a witness has to be tackled very tactfully according to
personality traits of individuals.
Practical Application:
Investigative interviews
are the back-bone of all contentions- for or against the processes of law.
Speech and Action seldom
faithfully portray the character.They only indicate the nature of controls each
man sets upon his basic character.As such external behaviour,controlled answers
and narrations could be deceptive apparently.But the body language when
practicing deception betrays a man’s inside turmoil while doctoring the facts
and fiction or vice-versa.Unspoken words and gestures become verbal for a
trained eye.An interviewer must fully understand the ‘Non-verbal communication’.It
is a language by itself.Signs like down-cast eyes,roaming glances,nervous ticks
on face,quivering lips,clasping and un-clasping of hands,moving legs even while
sitting,chattering of teeth,sloused shoulders or expanding chest to depict
bravado,etc are to be closely observed by the interviewer to read his physical
attributes or discomforts in speaking to you.Sweat on the face and trembling fingers
also speak about inbuilt tension and conflict of thought-process.
For interviewing a
subject one has to be very observant and after noticing obvious
discomforts,soothing language touching upon other topics have to be adopted.Make
him comfortable and at ease to extract truth of the matter,seen,perceived or
felt by him about the events which are being verified. He could have been a
chance witness to observe the incident,or he could be an interested witness
planted to perceive divergent exposures.
Following tips would be
of help:
1. Learn the art of
interview – First step is to put the person at ease by being courteous,non-authoritative
and easy going casual attitude of self.Win over his confidence at the initial
stage of meeting,shaking hands and offering a comfortable seat.Actually in
day-to-day interactions the art and science of hypnosis is being practiced by all
and sundry.We assume roles.Different roles and attitudes for different persons
and different relationships.Salesman uses hypnosis,lovers also lure through
this art,orators hypnotise the crowd,even ‘lorry’ or ‘lullaby’ is a form of
hypnosis.
2. Master the facts
– Apply checks and balances in mastering facts available.Examine the documents
thoroughly.Every fact should be on tips and no consultation of notes or papers
should be there while interviewing the subject.Start by asking questions not
directly concerned with him and just take him off-guard.
3. Talk about other
persons – Talk about persons known to him/her who are connected on social,domestic
or professional fronts.Observe body language while he/she is answering casual
questions and mark the difference when he is put specific question about the
incident in issue.His off-guard reaction and his on-guard answers would reveal
his personality.
4. Study his attire
carefully – Observe whether his attire fits into his status,upbringing,his
profession.Mark his shoes in particular and see whether they are polished
properly,cleaned recently or bear wear and tear marks due to neglect.Take a
mental note whether he has taken care of his attire or has he taken care to
make a ‘presentation’ for the purpose of interview.Try to understand the
mismatch.Where is the tell-tale mistake?
5. Master the art of
reading body language – The art comes with experience and practice.It has
to be learnt from experts.The dogs can read the body language of a man.They not
only smell perspiration on account of fear or stealth,but they can also
co-relate it with body language of furtive glances,stealth,slouch and other
signals.Infants and small children have built in mechanism and radar system to
make them react to strangers.We can cultivate the art of reading body language.Hopes,wishes,fears,anxieties,aspirations
and expectations change the body language.Interviewer must consider these
aspects to understand the personality of the subject of interview.
What people speak verbally may be
different in meaning and connotations visible in the body language.And when
there is difference in perception of the interviewer,there is the need to
evaluate the subject in details.Why the difference? Why should the subject not
be taken on face value? Is the make-believe expression contradictory to the
truth of the matter?
The powerful ‘lingo of deception’
is the body language.You have only to understand the language properly.It is
like a ball game.All right the first serve is a ‘fault’ and you have the second
serve to hit.And if the second serve is proper,the ball gets hit by the opponent
(the subject of interview).It would be a game of volleys,cross-court shots,net
placements,over-head smashes.Both players are engaged in hood-winking the other
by adopting different body postures in hitting the ball and scoring a point.Other
should not anticipate the move and the body language has to be deceptive to put
the interviewer on wrong foot.
6. Make believe
strategy – When the subject of interview walks in,you just see him but you
do not observe him (Sherlock Holmes).Are you attracted or distracted by the
entry? Does he match your imagination of the personality? Or does he not
measure up to your expectations? Does he carry himself well? Does he match the
image he had created in your mind? Will he live upto your expectations in times
to come? Is he to be taken on face value or should he be discarded forth with
as not trustworthy? But you must give him a chance to measure upto your scale
of calibrations.Just evaluate.
7. Looking,seeing and
observing – Change the frames.The earlier frame of mind you conceived.A prospective
and promising witness meets all criterion. Don’t just look at him.See
him.Observe him totally.And what is the difference? An eye candy to look at may
not be worth the bite.Just don’t bite into it.See it,smell it and observe it.Is
it changing shape?Melting even before you put your warm lips to it? Are you
required to consume it all at once so that it does not melt away and spoil your
attire?Just because you bought it? No,it is not worth the price you paid for
it.It would add up to your cost factor when you have to bear the laundry bill
in cleaning your clothes on account of melted droppings.And then again to buy
another candy to refresh your taste buds.So don’t just look but see and observe.A
prospective witness has to be compared to the above situation.
Something that did not
ring true though it sounded like true:
The difference between
the spoken words and the understanding of those words what we perceive,means
‘non-verbal communication’ otherwise known as ‘body language’.If you understand
it properly you can understand the lingo in proper perspective.
There are sometimes
subtle – and sometimes not so subtle movements,gestures,facial expressions that
indicate that something otherwise is meant than verbal communications.The way
we talk,walk,sit and stand all say something about us.And whatever is happening
inside can well be reflected on the outside.At times we say one thing yet our
body language reveals something different.We have got to observe all signs of
body-language and then judge the veracity of truth being spoken or being
camouflaged.
Lying: We must observe details
to arrive at any conclusion whether a person is lying,or not.Some of
the
typical signs and signals of lying include:
·
Eyes maintain little or no eye contact,or there maybe
rapid eye movements,with pupils constricted.
·
Hands or fingers infront of his or her mouth while
speaking.
·
His or her body is physically turned away from you,or
there are unusual/un-natural body gestures.
·
His or her breathing rate increases.
·
Complexion changes in colour around face or neck areas.
·
Perspiration increases.
· Voice changes in pitch,stammering or throat clearing.
Remember that everyone’s personal body language is
slightly different.Do not get confused with nervousness.Just probe.Further,ask
more questions to determine whether the subject is lying or not.Keep a
gradiented scale to make correct judgement.Do not presume that the witness
would either deliberately lie or conceal facts till you have tested him on all
parameters.
8. How to simplify the
complex body-language – No two persons are exactly alike in
appearance,mental make-up and the resultant personality and behaviour.How do we
go to find the truth? We have to adopt technologies like X-Rays and MRI.X-Rays
only make the bones opaque and present the picture of bones.Subject the witness
to MRI (Magnetic Resonance Imaging) which presents picture of muscles,tissues
and nerves.
A confident,truthful
witness would exhibit following attributes:
1. Posture: It is
generally easy and balanced whether sitting or standing.Mark shoulders and
hands in particular.
2. Eye contact: Direct
and continuous without shifting and the facial expressions and voice would
match with language of eyes.
3. Gestures: In
sinc with verbal communication,it would be smooth flowing and emphatic.Mark
arms and hands.
4. Speech: Natural
and slow but audible and clear.No emotions of distress in the voice.Free
flowing without undue pauses.
5. Tone of voice: Not
with cutting edge but slow and clear.Pitch to match audibility.
A defensive person may
exhibit different signs when interviewer is speaking to him.
The signs could be:
1. Facial Expressions
are rigid, and unchanging.
2. Posture is not
relaxed or balanced.He may not like to face you directly.Instead he would pose
and project sideways.
3. Eye contact may
break or wave and the facial expressions may not match expressions in the eyes.
4. Arms and hands may
create obstruction between interviewer’s eyes and subject’s eyes.
5. Tone of voice would
be flat and low without weight of conviction in words.
Such like defensive person has to be put at
ease by relaxing your own attitude and by modulating your own language.Defensive
person is not necessarily a person with guilt conscious.The interviewer must
learn to differentiate and evaluate properly.
A deceptive and
unreliable witness’s body language would generally exhibit following signs:
1. Facial Expressions either
explosive in trying to convince or too brief to convey and thereby going back
into shell.
2. Posture would
be either towering and overbearing or too slumped with sudden changes in the
two stances.
3. Eye contact would
be minimal.Diverting and downcast eyes would be indicative of evasion on his
part,skipping direct queries.Would look here,there and
everywhere(watch,mobile,passers-by,photographs on wall-anything else).
4. Arms and hands would
generally be rigid,holding files,folders,arms of chair,railings rather too
tightly.
5. Tone of voice swinging
between two extremes of loudness or whispering with unmatching
gestures,gesticulations and swearing.
However,there are no hard
and fast classifications to interpret body language.But the body language which
rings alarm bells in the mind of interviewer needs to alert him about the
truthfulness or reliability factor of a witness.
Why Interviews: To uncover the truth
about reconstructing a crime,event or happening.Also constructing a true
picture of a person or situation.
Who to Interview: Defendants,plaintiffs,witnesses,victims,suspects,subjects
of background investigations and experts.
Interviewing Skills: The interviewer must
master a set of skills as:
·
Anticipating and meeting the needs of subjects of
interview;
·
Building rapport with subject;
·
Asking right questions;
·
Active and attentive listening;
·
Interpreting non-verbal communications(body language);
·
Recognizing truth and deception;
·
Documenting the evidence after interviewing
All said and done
interviewing a person by a professional private investigator is different from
interrogation by police (witness or a suspect) in as much as the private
investigator has no police powers to force an interview.He has to manage an
interview through tactfulness rather than authority.The subject of interview
has not to know that he is being questioned to ascertain a fact,an event or a
circumstance.He can be cited as a witness thereafter depending upon his
credentials and credibility.Police makes it obvious that the subject is under
interrogation.There is an element of legal binding and authority for police.None
for private investigator. Hence the need to be artful,skillful and truthful in
examining a witness.
Aims and objectives of
Investigative Interviews:
The foremost aim is to
arrive at the truth of the matter under inquiry.Generally private investigators
are engaged by clients to ascertain truth in the matter of
relationships,business deals,property disputes,pre-matrimonial verfications, matrimonial
discords,infidelity,deception,cheating or competitive business intelligence.There
are subjects like pre-employment verifications,internal vigilance,corporate
investigations,skip-tracing,IPR infringements and a lot of other personal and
business matters.Private Investigator has to gather truthful and reliable
information to be presented to the client.It is up to the client to settle his
disputes on the basis of information provided by the private investigator.In
the matter of litigation support,evidence collecting and corroborative witness
accounts are essential ingredients.Yes investigative interviews do reveal most
of the facts and are store-house of information.So,we must master the art of
interviewing.
The basic concepts of
interviewing a witness are:-
1. Acquire intricate
knowledge about the subject,his upbringing,his traits,his personality in
particular.
2. Never throw
information casually so as to give out your line of thinking and expectations.
3. Do not divulge
unconfirmed facts-this reduces your credibility and your hoax is called.
4. Do not consider the
subject as transparent to you.Do not pose yourself as God knowing all the
things about your subjects.Talk at level ground and do not assume supremacy.
Investigative Interviews:
Every interview is unique because the people and
circumstances involved are always different.Different tools are to be used to
tackle different persons. Interviews may vary in structure,character and approach. There are factors to be
dealt with, i.e Resistance from the witness;Conflicting evidence as on
record;Forgotten memories;Distortion of facts;Deception adopted;Kinesics or
body language.
One must also keep in
mind that any person being interviewed may fall into any of the following
categories:-
· The occasional liar;The habitual liar;The pathological
liar;The malingerer ;The psychopath;The fear factors;The freeze reaction;Fight or
flight response;Under stress responses.
There are four phases of
interviews of witnesses.
They involve: Preparing for the interview;Planning the interview;Conducting
the interview;Following up the revelations.
What is active listening?
The interviewer must
understand both the verbal or non-verbal techniques in-
·
Seeking clarifications;Summoning facts;Allowing silence;Using
eye contact;Using facial expressions and gestures;Using posture;Using personal space;Using
vocal space such as volume,speed and pacing.
There are two basic
question types:-
·
Closed questions involving answers as ‘yes’ or ‘no’,
names, addresses and telephone numbers.
·
Open questions usually begin with who,what,when,where,how
and why.
They can’t be answered with a simple ‘yes’ or ‘no’. The question types could be: Reflective;Directive;Pointed;Indirect;Diversionary;Self-appraisal;Leading.
Common interviewing
errors –
Try to avoid following
mistakes commonly made by most of us:-
·
Interrupting the witness;Rapid-fire questioning;Hurrying
the interview;Thinking of the next question while the current is being answered
(failing to register the current reply);Poor sequencing of questions;Leading
questions to expect answers as suggested in questions;Negative questioning (You
don’t remember);Jumping to conclusions & assumptions;Getting hung up on
irrelevant issues;Displaying anger;Talking down and ridiculing;Making
judgemental comments;Showing personal prejudice;Throwing unverified facts as
your definite knowledge – which to the knowledge of the person being
interviewed is false,untruthful.
There are also specialised interviews like –
·
The telephonic interview;The impromptu interview;The
victim interview;The child interview;The cognitive interview;The pre-employment
interview;The polygraph examination;The random interview.
The interviewer has to adopt different methodologies and approach to
interview different kinds of subject of interview.A uniform approach fails. Adoptation
is the key word to tackle a witness of particular class.If you fail to adopt
the methodology suitable for a particular type of witness you cannot succeed.
Attributes of an
Interviewer:-
- Conservative dress.
- Respectful and neutral attitude.
- Clear and unemotional language.
- Supportive and comforting gestures.
- Convincing attributes of the interrogator.
Questions to be asked:-
- To start with casual conversations about all the subjects.
- Personal details of the subject.
- To question personality of the witness.
- Non-involving questions.
- Specific to the point when rapport is maintained.
- Testing questions to counter-check truthfulness.
- Sympathetic questions about circumstances of the subject.
- Promising questions for generating confidence.
- No hard and fast rules are to be followed.Assess the situation,the temperament of subject and frame a question.
·
Never put words in the mouth of witnesse’s. No suggestive
questions should be put to get a desired answer.The real art of
Investigative Interview is put to test in understanding the total personality
of the person.This can only be done by in-depth verification and inquiries
about the subject of interview.You must know about his family,his friends,his
habits and some irrefutable instances in his life.His reputation,his character
and his life style.If the witness is very important to establish a fact or to
demolish a theory,the interviewer must spend some good time in ascertaining
details of the witness.He has to be tackled accordingly.As and when the witness
appears to be dodging or lying,some verified personal details about his
past,friends or family(not related to the case)have to be thrown at him.He would
be shocked about your study and would then co-operate more.Comforting a witness
and confronting a witness at right time, is the art of interviewing.The truth
would be blurted out by the witness.
V M PANDIT
CEO/MMC,VMP-AIIM
