The Evolution of Interview and Interrogation in Law Enforcement

The days of physical pain and threats are over in modern day criminal investigations. Interview and interrogation is a critical component in criminal investigations and subsequent prosecutions and has evolved significantly over the years. The paradigm shift has moved from a confrontational approach to a more conversational approach. However, the “good cop bad” cop technique, though less effective, does have its place. There are clearly times in which the interviewer may need to be accusatory, but as an overall approach to obtaining facts, admissions, confessions and the truth, a more dialogue driven, active listening and rapport building approach will carry the day.

If we examine the evolution of interview and interrogation in law enforcement over the past 100 years along with several landmark cases, we see a dramatic change in case law guidance and interviewing techniques which has produced much more success in the interview room. To know where were going in the interview and interrogation process, we have to see where we’ve been.

From a historical perspective, in the 1931, the Wickersham Report concluded that physical or mental pain to obtain a confession was widespread in this country. There were examples of physical abuse where suspects were hit, denied food or water and detained for long periods of time. Individuals were also kept from their families or counsel for days. In 1936, the United States Supreme Court concluded in Brown v. Mississippi that an involuntary confession by force could not be used in court. The force in this particular case was via whipping. This case referenced the “third degree” regarding interrogation techniques. 1966, in the landmark case of Miranda v. Arizona, the court held that statements made by the accused in an interview are not admissible unless the accused are clearly informed of their rights. As we know, this case provided law enforcement with today’s Miranda Warnings. In 1968, the Supreme Court in Escabedo v. United States, found that an individual could not be denied the right to counsel during police interrogations. In the 1970s, called the professional era, we had more use of truth verification in the use of the Polygraph. This allowed for the possibility of increased admissions and confessions. During the 1980’s, crime was on the rise nationwide and traditional policing tactics were not seeing the desired outcome. A push for more enhanced techniques was on the rise. The advent of the CVSA instrument came to light in 1988. The 1990s showed us the advent of DNA evidence and the efforts by the Innocence Project pointed out false confessions. In England they began to utilize the P.E.A.C. E. method which is a technique that allows the interviewee to tell their story without interruption before being presented with evidence. This was an alternative to the Reid technique most are familiar with. The P.E.A.C.E. was adopted as a significant strategy in England and serves as an interesting model or as an enhancement to techniques already being used in the United States.

As a profession, law enforcement has made significant strides in how interviews and interrogations are conducted. The interview process has evolved into a more ethical approach enhanced by ever-changing technology and a more evident sense of being open-minded. The confrontational approach tends to produce more barriers and negative emotion which are barriers when we are trying to remove to establish rapport and to increase communication. In law enforcement, we now have a greater understanding of human nature, forensics, body mechanics, psychological manifestations, digital evidence, interview preparedness and truth verification techniques. The investigative tools at our disposal provide a distinct advantage in achieving our investigative goals. Today, most departments have separate interview rooms with natural light, painted walls and often the ability to record audio and video. To that end, the recording of interviews is now mandated in 27 states with some variations but custodial interrogations in their entirety, and with certain types of cases. Law enforcement now utilizes interviewing tools such as theme development, cognitive interviewing, kinesic interviewing and rapport building. Law enforcement is further supported by advancements in law enforcement training. Today there are numerous training opportunities despite nationwide budget constraints. Examples of these courses and training range from advanced interviewing, sexual assault interviewing, behavioral analysis, rapport building, false confessions, suspect interviewing, ethical interviewing, interview and interrogation methodology and more.

Conducting interviews and interrogations is an art with perishable skills. The learned interviewing skills developed with experience and training must be put into practice to remain current and concise in its application. No matter what advances have been made over the years, letting the subject talk and implementing more active listening will be a key factor in getting to the truth. Each interviewer will have his or her own preferred techniques, but the goal of obtaining the facts and the truth can flow more easily. We all understand that change is not always easy or wanted, however, utilizing the more contemporary approaches is especially true when dealing with the newer generations and an ever-changing society and continued public scrutiny.  Possessing the latest tools, technology, training and tactics available will more than level the playing field in the interview and interrogation environment. 

About the Author

My name is Michael Sattler. I have 4 children and reside in Wake Forest, NC. I have been in law enforcement for 16 years, 14 years with the Wake Forest Police Department and 2 years with the North Carolina State Capitol Police Department. I have obtained significant training, skills and experience including a Master’s Degree in criminal justice and 10 years experience as a private investigator in New York and New Jersey.

During my 11 years as a Police Detective, I have worked numerous criminal cases from financial crimes to property crimes to person crimes. This includes sex crimes, arson, theft, homicide, assault, robbery, burglary, fraud, embezzlement, domestic violence, vehicle theft, hate crimes, weapons cases, prostitution, gang related cases, drug cases and kidnapping. I was able to achieve Senior Detective during that time. During my time in law enforcement, I have been proactive in obtaining various types of training and experience while serving in the patrol and investigations capacities. I have obtained over 600 hours in interview and interrogation training, over 1800 total training hours, conducted over 3000 criminal investigations, 100 voice stress examinations, numerous criminal and employment backgrounds and over 2000 interview/interrogations. I have published articles on Interview and Interrogation for Police and Security News Magazine and CFI Insider Magazine(online). I have received several letters of commendation from the chain of command while in CID and also appreciation letters from the public. In addition, I Completed the Law Enforcement Management Institute at Wilson Community College, and the Criminal Investigator Certificate Program at the North Carolina Justice Academy.

I maintain several law enforcement certifications including, Criminal Investigator, Voice Stress Analyst, Crisis Intervention, Crisis Negotiator, and Certified Forensic Interviewer. I am a member of several professional associations including National Association of Computerized Voice Stress Analysts, Coalition of Law Enforcement and Retail (I am also the North Carolina State Representative) and the International Association of Interviewers. I have also attended and presented at professional conferences throughout the country.