Interrogation: Whenever the police question a suspect, it is called interrogation. The main objective of this technique is to study the extent to which the verbal and non-verbal characteristics of the behavior of liars and truth-tellers change during repeated interrogations. Liars have been shown to show far fewer smiles, self-manipulation, pauses, and less aversion to the gaze than truth-tellers. According to Granhag & Strömwall, there are three approaches to nonverbal deceptive behavior. The first is the emotional approach, which suggests that liars change their behavior based on their own emotional feelings. For example, if a subject lies and starts to feel guilty, they will change their mind. The second approach is the cognitive approach, which suggests that lying requires more thought than telling the truth, which can lead a liar to make more mistakes in language. Finally, the attempted control approach suggests that a subject who lies will try to be seemingly normal or honest and will try to adjust their behavior to make themselves credible. [4] Interrogation, in criminal law, an interrogation procedure by which the police obtain evidence. The proceedings are largely outside the legal order, with the exception of the rules on the admissibility of confessions obtained during interrogations and the limitation of the power of the police to arrest suspects against their will. See also confession. In the UK, questioning is governed by the “rules of judges”. If an officer has sufficient evidence that a crime has been committed, he or she must notify the suspect.
Once a suspect has been formally charged, he must be notified again before further interrogations can take place. Continental European countries give their police much more freedom to question suspects, but the power to detain a suspect is just as limited as in Anglo-American countries. See also arrest; Search and seizure. The use of torture as an investigative technique declined with the rise of Christianity, as it was considered “antithetical to the teachings of Christ,” and in 866 Pope Nicholas I banned the practice. But after the 13th century, many European states such as Germany, France, Portugal, Italy and Spain began to return for religious inquisition and secular investigations into physical abuse. [10] In the 18th century, the growing influence of the Enlightenment led European nations to refrain from interrogations officially sanctioned by the state by torture. In 1874, Victor Hugo could plausibly assert that “torture has ceased to exist.” But in the 20th century, authoritarian states such as Mussolini`s fascist Italy, Hitler`s Third Reich, and Lenin`s and Stalin`s Soviet Union resumed the practice, and on a large scale. [11] The suspect`s responsibility alone does not meet the requirements of questioning. An additional form of coercion or coercion is required to trigger Miranda.
However, real direct maintenance is not absolutely necessary. Interrogation can be carried out by presenting a “confession form” to a suspect, but not only by detaining him. Certain words or actions that are reasonably likely to cause the suspect to make incriminating remarks are necessary. See Rhode Island v. Innis, R.I., 446 U.S. 291. It is important here to dispel the popular connotations associated with the word “interrogation.” As in much of the law, the word is used as an art term. We are not talking about clubs, electrodes, smoking cigarettes applied to the skin, frame or others. In fact, the police do not even need to directly question a suspect about a specific act for the interrogation to fall under the term “interrogation”.
Good cop/bad cop is a psychological tactic used in negotiations and interrogations in which a team of two interrogators takes seemingly opposite approaches to the issue. [5] One engages in hostile or accusatory behavior and emphasizes threats of punishment, while the other engages in more sympathetic behavior and emphasizes reward for getting the subject to cooperate. [6] Legal and regulatory law, various precedents called “jurisdiction” also affect interrogation techniques and procedures. One of the first attempts by British courts to establish guidelines for police officers interrogating suspects was the declaration of judges` rules in 1912 by judges of the King`s Bench Division in England. These rules, while not law, still carry weight in the United Kingdom and Canada. [26] Following Miranda v. According to Arizona`s decision, police are required to read to suspects the Miranda rights granted to them by the Fifth Amendment, such as the right to remain silent and the right to request counsel. If the police do not exercise Miranda`s rights, not all interrogation statements can be used as evidence in court proceedings. [32] Interrogation: Questioning conducted by the police after a person has been arrested or taken into custody. n.
Interview a suspect or witness by law enforcement authorities. Once an interrogated person has been arrested (a “prime suspect”), he or she has the right to be informed of his or her legal rights and the interrogation may in no way violate the rules of due process. The history of state use of torture in interrogation spans more than 2,000 years in Europe. It was recognized early on that information extracted under duress was misleading and unreliable. [9] The Roman imperial jurist Ulpian noted in the third century CE that there is “no way to obtain the truth” from those who have the strength to resist, while those who are unable to resist pain “will tell every lie instead of suffering it.” [10] Deception can be an important part of effective interrogation. There is no law or regulation in the United States that prohibits the interrogator from lying about the strength of his or her case, making misleading statements, or implying that the person being questioned has ever been involved in the crime by someone else. See case law on deception and deception (Frazier v. Cupp). [1] President Barack Obama`s administration banned so-called extended interrogations in 2009, and since March 2012, no country has openly admitted to deliberately mistreating detainees for interrogation. [24] [25] The Reid technique is widely used by U.
