Introduction to Interviewing
Private
investigators conduct interviews with a variety of individuals, including
plaintiffs, defendants, witnesses, victims, suspects, subjects of background
investigations, and experts. Interviewing is a fundamental skill in the
investigative process, serving as a means of gathering facts that can become
testimonial evidence in legal proceedings.
What Is Interviewing?
Interviewing
involves collecting factual information from people. The details obtained
during interviews may be used as testimonial evidence, which can play a
critical role in building or defending a case.
Investigations That Require Interviews
- Theft
- Missing
persons
- Background
investigations
- Situations
requiring expert assistance
Why
Conduct Interviews?
Interviews are
essential for reconstructing crimes or events, gathering evidence, identifying
leads, clarifying facts, and determining what truly happened. They help
investigators piece together the sequence of events and develop a more complete
understanding of the case.
Preparing
for an Interview
Preparation is
crucial to a successful interview. Investigators should create a prioritized
list of witnesses, placing major witnesses at the top. Before conducting an
interview, the investigator must be familiar with any statements the witness
has given to authorities and understand the facts of the case.
Researching the Interview Subject
Before the
interview, investigators should perform thorough records research and a
background check on the subject. Knowing basic information—such as the
subject’s relationship to participants in the event, whether they wear glasses,
and if they have a criminal record—can help the investigator approach the
interview more effectively.
Anticipating the Subject’s Needs
Each interview
subject may have unique needs depending on the case. In criminal defense
investigations, witnesses may fear retaliation or have concerns about
cooperating with the defense. Friends or relatives of crime victims may be
reluctant to speak. Investigators must be prepared to address these challenges,
especially when talking to victims who may be angry or distressed, and work to
help them share their account of events.
Documenting the Interview
It is important to take notes during or immediately after each
interview. Notes can be handwritten, recorded on audio devices, or captured on
video if the subject consents. Building rapport and ensuring the subject feels
comfortable are key to obtaining permission for recording. If a subject
provides an especially helpful or exculpatory statement, investigators should
request to record it for accuracy.
Essential Interviewing Skills for Investigators
Setting Up the Interview
Whenever possible,
investigators should schedule interviews in advance with cooperative witnesses.
If advance scheduling is not feasible, unscheduled visits may be necessary to
reach potential interview subjects.
Engaging in Active Listening
Investigators
should follow the 80/20 rule: the interview subject should speak 80% of the
time, while the interviewer speaks 20%. Active listening encourages information
flow and shows the subject that their statements are being heard. Investigators
should paraphrase or summarize what the subject has said to confirm
understanding and encourage further communication.
Building Rapport
Establishing rapport is crucial for gaining the trust of interview
subjects and encouraging them to open up. Investigators can build rapport
through small talk and by finding common ground. An open communication channel
is essential for obtaining information and allowing for possible follow-up
interviews.
Recognizing Truth Versus Deception
Investigators
should start with closed questions, then gradually transition to open-ended
questions that require thoughtful responses. Initial questions should cover
basic background information that the investigator already knows, allowing
observation of the subject’s behavior when answering truthfully. Later, changes
in vocal tone, speech patterns, and facial expressions may indicate shifts from
truthful responses to possible deception.
Interpreting Non-Verbal
Communication
Experience helps private investigators focus on non-verbal cues.
Generally, innocent people can be reassured, while guilty individuals may
exhibit nervous behaviors—such as clenched fists, a reddening face, bulging
veins, or loss of eye contact. These cues can help distinguish between truth
and deception during interviews.
Finalizing and Following Up on Interviews
After an Interview:
Finalizing Notes
Investigators must
finalize their notes or transcribe recordings to create a permanent record of
the interview. Reports should include the date and time, duration, location,
and attendees, as well as a summary of information obtained. Recorded
interviews should be documented verbatim, and all notes retained until the
matter is resolved.
Follow-Up Interviews
If
initial interviews do not yield enough information, investigators may need to
conduct follow-up interviews. Building rapport over time can help witnesses
become more forthcoming. Investigators should document narratives, have
subjects review and sign off on them, and revisit subjects if inconsistencies
arise or if additional documentary evidence is required.
New Leads
Conclusion
Interviewing is essential in investigations because it provides
verbal confirmation of events. In cases involving a single occurrence,
interview subjects may be the only witnesses to what happened. Their
statements, known as testimonial evidence, are invaluable in court, especially
when supported by documentary evidence gathered through research.
Brian Blackwell Investigations | Harrisburg, PA
https://www.brianblackwell.biz


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