5.7 Reading Body Language and Detecting Deception
You have likely watched television shows in which highly trained detectives identify a murderer based on the way the suspect glances to the left or purses his lips during a critical point in the interrogation. The science around micro expressions as an indicator of deception has connected minute changes in eye movement, respiration, or mouth movement to lying and deception. A less scientific understanding of body language can be beneficial to investigators, without extensive specialized training, if you think about it as the physical cues a person's body transmits in response to stimuli. An individual displays body language when the stimuli they are interpreting is pleasant or unpleasant. When assessing body language, pay attention to not just the way the person carries themselves, but also look for changes in pitch and speech patterns, eye contact, and the words they use. In response to a pleasant conversation a person will lean forward, nod in agreement, stay on the subject, and usually speak in complete sentences. If a conversation is unpleasant, the subject may display a more closed‐off stance, shift their weight, and even turn away partially or fully from the speaker. They may gesture in a more exaggerated fashion than the situation calls for, their voice assuming a higher pitch. They tend to stutter, give incomplete answers, change the subject, or draw others into the conversation. A subject's body language may be relaxed and open at the beginning of an interview, and then begin to display signs of discomfort as the questioning continues. Do not assume this is always a sign of guilt, but be alert to changes in body language that can inform your strategy and result in a more productive interview.
It is helpful to make note of significant body language cues when writing your report after the interview. If the subject suddenly clenches their fists and turns away from you during questioning, this is a significant change in behavior that should be recorded [18].
5.8 Confessions
When a suspect confesses to neglecting, killing, or otherwise harming an animal, they are taking responsibility for their actions. When possible, an investigator should request the suspect to submit a signed statement, which, along with their confession, outlines the suspect's actions, and identifies their motive. Confessions are useful, but only if the confession is the truth. There are multiple reasons a suspect may choose to confess to committing a crime before, during, or after an interview. In some cases, the suspect may be overwhelmed with remorse and guilt for their actions. They may know the evidence you possess against them is insurmountable. There are also reasons a suspect may offer up a false confession. They may be protecting someone else or trying to create a diversion from additional crimes.
5.9 Ending the Interview
If at any time during an interview the subject voices a desire to seek counsel, have their attorney present, or otherwise engage legal advisement, a law enforcement officer must stop the interview immediately and cannot arrange for further questioning until the subject has had an opportunity to obtain counsel. Make sure you have a clear understanding from the prosecutors you work with what actions or words suffice as a request for counsel. This is a constitutional right and courts construe what constitutes a request for counsel very broadly.
5.10 Documenting the Interview
All interview notes must include the subject's name, address, and contact information. Record the date, time, and location of the interview as well as the names and addresses of any other individuals present during the interview. While audio or video recording is the most accurate and desirable method for collecting and preserving the information gained during an interview, it may not always be practical or possible. When relying on your notes and recollection of the interview, it becomes even more important that your interpretation of the information provided by the subject is accurate. Ask clarifying questions and repeat the subject's statements back to them to check for accuracy as you make a written record of the interview.
5.11 Additional Resources and Training
Strong interview skills are developed through training, practice, and by observing seasoned professionals. There are excellent trainings available through law enforcement agencies and organizations, and numerous techniques have been developed around interviewing, reading body language, detecting deception, and many other aspects of the subject interview. Because the interview is so vital to the development and prosecution of criminal cases, time and resources spent developing your interviewing skills and increasing your knowledge will be rewarded in the field.
References
1 1 Constitution of the United States, Amendment 5 1791 (USA); Constitution of the United States, Amendment 14 1868 (USA).
2 2 Miranda vs. Arizona, 86 St. Ct. 1602, (1966).
3 3 Then, L. (2015). Applying the 'cuffs: consistency and clarity in a bright‐line rule for arrest‐like restraints under Miranda custody. Fla. St. U. L. Rev. 42: 843.
4 4 Thompson vs. Keohane, 116 S. Ct. 457, (1995).
5 5 Howes vs. Fields, 132 S. Ct. 1181, (2012).
6 6 United States vs. Kim, 292 F.3d 969, (2002).
7 7 Corley vs. United States 556 U.S. 303, (2009).
8 8 United States Code Annotated, title 18, Pt II, chapter 223, s 3501(b) 1968 (USA).
9 9 United States vs. Jumper, 497 F.3d 699, (2007).
10 10 Davis vs. United States, 512 U.S. 452, at 459, (1994).
11 11 Wood vs. Ercole, 644 F.3d 83, (2011).
12 12 Abela vs. Martin, 380 F.3d 915, (2004).
13 13 Bailenson, J.N. and Yee, N. (2005). Digital chameleons: automatic assimilation of nonverbal gestures in immersive virtual environments. Psychol. Sci. 16 (10): 814–819.
14 14 FBI (2016). Interrogation: a view of the science HIG report. https://www.fbi.gov/file‐repository/hig‐report‐interrogation‐a‐review‐of‐the‐science‐september‐2016.pdf/view (accessed 26 May 2021).
15 15 Collins, R., Lincoln, R., and Frank, M. (2005). The need for rapport in police interviews. https://www.researchgate.net/publication/27826896_The_Need_for_Rapport_in_Police:Interviews (accessed 6 August 2021).
16 16 Biss, M. (2014). Philosophy Documentation Center. Empathy and interrogation. Int. J. Appl. Philos. 28 (2): 277–288.
17 17 Frank, M.G., Menasco, M.A., and O'Sullivan, M. (2008). Human behavior and deception detection. In: Wiley Handbook of Science and Technology for Homeland Security (ed. J.G. Voeller). Hoboken, NJ: Wiley http://dx.doi.org/10.1002/9780470087923.hhs299.
18 18 Matsumoto, D., Skinner, L., and Hwang, H. (2014). Reading people: behavioral anomalies and investigative interviewing. https://leb.fbi.gov/articles/featured‐articles/reading‐people‐behavioral‐anomalies‐and‐investigative‐interviewing