There are some common errors that young detectives and even first-responding street cops make in interrogation. These mistakes can make an investigation much more complicated and be an unnecessary barrier to getting a confession. 

Interpersonal communication skills are key. Establishing rapport is crucial in most cases. The initial contact will set the tone for cooperation and success. Consider a softer approach. People confess to people they like and want to like them. The ineffable “feel” the subject gets from you on that first impression can go a long way toward the success or failure of the session. Work it to your advantage by showing some respect and even compassion along with your professional demeanor. Building trust is hard to do quickly, but losing it can happen in an instant.

Start off on the right foot

Many interrogations are compromised at the early stages of the process. Many of us were trained in one style, such as the Reid Technique, and follow it religiously step by step. That will work to some degree, but I contend that a more flexible approach will get better results with less time and effort. The subject is likely already intimidated, so further amping them up with officious introductions is unnecessary and counterproductive. 

Premature Miranda warning is a big rookie mistake of interrogators. If the subject is not in custody or being interrogated, there is no reason to read Miranda. Having a blanket policy of Mirandizing everyone is foolish. Certainly, there may come a point when you know this subject is not free to leave and Miranda does apply, but that can easily be accomplished at that time. Doing it at the onset may stifle the conversation from ever happening. Chatting casually about the subject’s work, family and interests is not “custodial interrogation” requiring Miranda warnings. This preliminary conversation sets a tone that minimizes the adversarial perception and gives you valuable intelligence for potential themes to use later. You just have to listen.

Be patient

We are so accustomed to being in charge and directing the action around us that we get impatient with the process of communication. We tend to interrupt and talk when we ought to be listening. Guiding a conversation is different from directing it. Let the subject tell their story. Don’t challenge details initially. Only redirect them back to the point when you are certain they are off on an irrelevant tangent or just playing you for time. Generally, when they are talking, you’re winning. The opposite is also true.

Long, confrontational interrogations to wear down suspects until they confess get challenged in court. Research shows that false confessions are most likely to occur under these conditions, especially with weak-minded
individuals. While the claims of intimidation and coerced confessions are exaggerated, in my opinion, nobody wants to build a case on the wrong guy. We must be careful to use best practices to ensure integrity.

Show empathy

For certain profiles such as sex offenders, I have found that empathy is highly effective. Everyone hates them and they know it. They often have low self-esteem and are on guard, since nobody understands them, including themselves. They seek friendship and tend to open up when given a chance to talk without feeling condemned. It takes patience and flexibility in running themes that will most appeal to their personality. 

Wearing a hideous Hawaiian shirt and cargo shorts creates a much softer look for the suspect than the traditional detective uniform of shirt, tie and dress pants with gun, badge and handcuffs hanging off the belt. This approach, with a gift of a small bottle of water before it is requested, sets the tone to vastly improve the odds of getting a confession.

Build your toolkit

As a polygraph examiner, I have a huge advantage over the people I am interrogating. But for those who work without such forensic tools available to them, there are other skills you can learn to give you an edge. Kinesics, taught by folks like Stan Walters, can help make you more aware of body language. Avinoam Sapir can teach you how to glean insight from the words a suspect uses through statement analysis. Sales seminars will show you how to identify targets, address needs, overcome objections, build bridges and close deals. Sound familiar? We are salespeople for justice! We typically sell long-term leases on tiny one-room condos, in a gated community, with really bad neighbors. Getting suspects to sign the contract with their confession is what interrogators do.

Stay objective

By far the biggest mistake detectives make in interrogation is losing their objectivity. We are human, highly trained and experienced observers. Having all that knowledge of other humans, especially criminals, leads us to become good at making judgments and assumptions. We learn to trust our instincts, even when we cannot articulate them, because they usually serve us well. But these biases can prevent us from recognizing important clues. It is hard to turn off such a well-honed skill, but it is necessary to stay objective during the interrogation. Listen with an open mind. Following your gut will cause confirmation bias, meaning you will tend to ignore bits of information that do not fit your idea of what happened. The most important skill is to constantly maintain your perspective of being an objective seeker of the truth. 

Take care of yourself and stay safe.