Interrogation Of Suspects Research Articles

Features of the interrogation tactics of a suspect in illegal fishing, hunting, or other aquatic resource exploitation

The article discusses interrogation tactics of a suspect involved in illegal fishing, hunting, or other aquatic resource exploitation, necessitating the formation of specific tactical recommendations regarding the conduct of interrogations of suspects in criminal proceedings of this category. Based on an analysis of pre-trial investigation practices and scientific literature, the author proposes detailed specifications of the main provisions of interrogation tactics of suspects during the investigation of illegal fishing, hunting, or other aquatic resource exploitation. It is established that the peculiarities of interrogating a suspect during the investigation of illegal fishing, hunting, or other aquatic resource exploitation primarily depend on the situation of this investigative action. That is, whether the person wishes to testify or not. The article also distinguishes between conflict and non-conflict situations in interrogating suspects of these categories of criminal offenses. The author outlines typical investigative situations during the interrogation of suspects in the article and proposes a vision for resolving problematic situations during suspect interrogation based on an analysis of investigative practice and scientific literature. The article establishes that the successful conduct of interrogation of suspects involved in illegal fishing, hunting, or other aquatic resource exploitation is based on three main factors: a) the psychological process of forming testimonies; b) establishing contact with the person being interrogated; c) skillful application of interrogation tactics considering the situation that arises during the investigative action.

Когнитивная технология допроса: основания, возможности и ограничения

The aim of article is to consider the cognitive technology of interrogation developed and used by law enforcement agencies of several foreign countries. It is a set of methods and techniques of obtaining information from interrogated persons based on the mechanisms and regularities of perception, preservation and reproduction of information in human memory. A component of cognitive technology is methods of organization and procedure of its implementation. Information about the efficiency of the technology indicates its advantages in comparison with the classical interrogation. In particular, cognitive technology is superior to the classical method of interrogation in terms of the volume of provided information, its consistency, and the readiness of witnesses, victims and suspects (accused persons) to cooperate with the investigation. The material of the study is publications on the creation and testing of effectiveness of cognitive methods and techniques of interrogatio, published in foreign scientific peer-reviewed journals. The research methods are theoretical methods of processing scientific information – generalization, structuring, categorization. The study is a consistent consideration of the theoretical basis for the development of cognitive methods of interrogation and their differences from classical interrogation; the description of their varieties, procedure and stages; the disclosure of the possibilities of cognitive methods and techniques to obtain information from witnesses, victims, criminal suspects, and juveniles. The result of the study is the generalization and structuring of information about the cognitive technology of interrogation and its components: cognitive interview, methods of interaction with interrogated persons, as well asthe identification of the peculiarities of cognitive interview used in the interrogation of suspects. The limitations of the technology are considered in the context of the Russian practice of interrogation by law enforcement agencies. The limitations in the application of cognitive technology include the complexity of cognitive interrogation and the need for training of investigators, increased time costs compared to classical interrogation. This excludes the application of cognitive technology for the inquest of crimes of small and medium gravity, and indicates the possibility of its use in investigations of serious and especially serious crimes. The conclusion of the study is the expediency of studying the regularities and mechanism underlying the interaction between the investigator and interrogated persons.

ТАКТИЧЕСКИЕ ОСОБЕННОСТИ ДОПРОСА ЛИЦ, ПОДОЗРЕВАЕМЫХ В СОВЕРШЕНИИ КИБЕРМОШЕННИЧЕСТВА (НА ПРИМЕРЕ ФИШИНГА)

The article discusses the tactical features of the interrogation of suspects in the commission of cyber fraud, and also developed an approximate list of questions that should be asked to suspects in phishing attacks. The article describes the types of phishing attacks as well as the most dangerous ways to commit them. One of the types of cyber fraud using the Oson Credit application is described, which is aimed at capturing confidential user data, such as bank card data, gaining access to accounts in social messengers, video, photo files and documents located on a telephone device to which the attackers gained access. The article considers the most common mistakes in forensic investigative practice made by investigators due to ignorance of special terminology, and features of the investigation of new types of fraudulent encroachments - cyber fraud. The study of trends in the development of crimes in the economic sphere suggests the need to develop new effective and efficient methods for investigating cyber fraud. Considering the analysis of cybercrime statistics over the past few years, it can be concluded that it is necessary to strengthen counteraction to new types of cybercrime, such as cyberfraud, phishing, smishing, carding, etc.

Biscuits, the World Cup and Nobel Prizes: The Puzzling Documentation of Shin Bet Interrogations

Abstract Records kept by security authorities documenting potentially violent encounters are generally characterized by technocratic language and parsimonious content, which is intended to project an image of objective and impartial state officials. A qualitative analysis of 688 records covering interrogations of suspects in terror activities by the Israeli Security Agency (Shin Bet) presents a very different picture. They consist of representations of (1) hospitality—caring for the well-being of the person under interrogation; (2) camaraderie—amicable conversations between interrogator and interrogee; and (3) moral conviction—impassioned political or moral debates regarding the Israeli–Palestinian conflict. The analysis shows how unconventional documentation techniques in security interrogations may be used to preserve legitimacy; bolster professional prestige and makes a sophisticated use of a sense of secrecy.

Information Gathering, Interrogation of Suspects and Polygraph Examination for the Purposes of Criminal Proceedings in the Republic of Croatia

Frequencies of normative changes that, as a rule, have taken place in the area of prior criminal proceedings in the last decade are reflected in the work of the police in the area of detecting the perpetrator of a criminal offense. The paper points out the impact of these changes on the work of the police. One of the most significant changes for the police occurred in 2008, when the police, while clarifying a criminal offense, were prevented from collecting information from a person who had acquired the status of a suspect. Such a person must be interrogated according to special rules that allow him to exercise all his rights of defense in accordence with the principle of prohibition of self-incrimination. This change also initiated the question of how this is reflected in the polygraph examination conducted by the police during the clarification of these same criminal offenses. For the conducted research, secondary sources of data were collected from police files on criminal offenses for which polygraph examination was undertaken in the Republic of Croatia during 2017 - 2019 (three years period), as well as the data from records kept for the implementation of polygraph examination. For the purposes of this paper, all polygraph tests performed in the specified period were analyzed, including the following variables: total number of interrogated persons, distribution of interrogated persons according to the competent police administrations, the results of the conducted examination, total number of persons unsuitable for interrogation and criminal offenses interrogated for.

Organizational and tactical features of interrogation of suspects in the investigation of hooliganism committed by football fans

Organizational and tactical features of interrogation of suspects in the investigation of hooliganism committed by football fans

METHOD FOR OVERCOMING CONFLICT SITUATIONS OF QUESTIONING SUSPECTS (ACCUSED) OF COMMITTING CREDIT FRAUD

Credit fraud, because of its widespread nature, has become one of the most acute problems of modern society, which has challenged the forensic science to develop an effective methodology for its investigation. However, in scientific research of this sphere, the study of the tactics of interrogating suspects and accused persons as a key means of obtaining information about criminal events, especially in the face of resistance on the part of those being interrogated, acquires a primary importance. The development of scientifically grounded recommendations for productive, from the point of view of the interests of the investigation, interaction with the opposing interrogated suspects provides the investigator with the most effective tool for uncovering all the circumstances of an unlawful event, significantly improving the efficiency of investigations into cases of credit theft. Purpose: to analyze typical behaviors in the interrogation of persons suspected (accused) of credit fraud in conflict situations; to reveal effective tactics to overcome the resistance of persons under interrogation. Methods: the author uses comparison, description, analysis, synthesis, classification. Results: the author proposes the most rational tactics for resolving conflict situations of interrogation of suspects (accused) of committing credit fraud, depending on the characteristics of the interrogated persons.

Power and resistance in interrogations of suspects in the Egyptian judicial process

The thesis investigates how using a discourse pragmatic approach gives insight into the complexities of hand-written interrogation records. Data come from eighteen Egyptian interrogations from the years 2007 to 2011. It includes five interrogations with ex-president Hosni Mubarak and his two sons, Gamal, and Alaa, which took place in 2011 after the 25th January revolution, as well as with ordinary workers, traders and company managers. In addition, data include interrogations in criminal cases with a variety of offences such as drugs, murder, political cases and embezzlement. This study examines the pragmatic and linguistic choices that prosecutors and suspects make to express power relations, modes of resistance and information gathering/confirmation in inquisitorial interviews in Egypt. This helps give insights into questioning practices in Egypt’s legal system and the interactional goals and methods of such speech events. In addition, it includes exploring the challenges of analysing and translating a written record, and establishing the journey of a suspect’s statement in Egyptian interrogations. Analysis reveals that suspects were able to resist some of prosecution’s accusations and control. However, the more controlling the questions became the less able were they to answer cooperatively while maintaining their innocence on the record. Exceptions to that were suspects who received legal advice from lawyers or worked in the legal field. Questioning strategies such as the use of and/wa-prefaced questions and Put on Record (POR) questions in the data have revealed that the current recording practices are sometimes limiting and coercive whether intended or not due to the special attention given to recording the institutional version of the narrative. Moreover, suspects are not invited to freely give their own narrative. This results in the production of an altered interrogation record. Implications for the field of Egyptian interrogations and interrogation more widely are discussed.

영장항고와 관련된 쟁점과 개정 법률안 등의 제안

In Korea, conflicts between the prosecution and the court over warrant claims and the revocation of warrant continue for a long time, and the conflicts have intensified public distrust of the judicial system. Statistically, the judge's rejection rate of the prosecutor's direct request for an arrest warrant is close to 30% as of 2019. This is significantly higher compared to less than 6% in Germany and Japan, which is attributed mainly to different standards of prosecution and court, and is often described as an error due to excessive warrant claims and an error based on arbitrary judgment as a finite character. The problem is that the prosecution's excessive claim for warrants can be corrected by the judge’s rejection, but the court's error has no procedure to correct the dismissal of warrants, which shows the limitation of fairness. The necessity of appealing against the dismissal of the warrant is that if a suspect is arrested, the suspect will have a chance to detention suitability examination, but if the arrest warrant is dismissed by the court, the prosecutor will not have a chance to correct the judge’s dismissal However, the inequality between the suspect and the prosecutor is offset because a warrant can be requested in response to the reclaim of warrant. However, because, in practice, the review of the detention suitability examination and the reclaim of warrant are reviewed by the judge based on the facts of the crime at the time of the re-appeal due to a change in circumstances after the result of the warrant, rather than undergoing a reexamination of the decision on whether or not to be detained, it seems necessary to correct. Also, this is a structural problem of the substantive examination of the arrest warrant itself. It is not a trial that deals with the substance in a post-indictment trial, but determines whether to be arrested within a limited time by simple interrogation of suspects and defenses based on the investigative agency's initial investigation results, there is a limit to the judge's reason for arrest without reasonable doubt; and thus, it is a constrained structure to reveal the true cause with the principle of clarity and ruling, which increases the judge’s error, therefore it should be able to file a complaint at higher court as a safety measure. However, the Supreme Court says that because it has opened the procedure to indirectly correct the judge's dismissal of the warrant, the court has position that there is no violation of fundamental rights in the Constitution. However, there is no limit to the number of requests for re-examination of warrants, and the judge decides whether to re-arrest based on the fact of the re-applied crime, rather than reexamination of the wrong decision in the case. In this case, the investigation of additional crimes may lead to a long-term investigation, which may result in serious violations of the suspect's human rights. Major developed countries have already operated the warrant appeal system in Britain, the United States, Germany, France, and Japan. The conflict between the courts and the prosecution seems to have intensified recently. In such a case, it seems more necessary to introduce a warrant appeal system for the human rights and social defense of suspects.

Features of the investigation of intentional killings of servicemen which were committed during combating uses with the use of explosive explosives

The article is devoted to the problem of the peculiarities of the investigation of premeditated murders of servicemen during hostilities. It is believed that this area is not yet sufficiently studied, which determines the relevance of the scientific research. The purpose of the study is to identify patterns of connections in the mechanism of investigation of premeditated killings of servicemen using explosive devices and explosives. It is noted that scientists have sufficiently studied the features of the initial stage of investigation of these crimes, but we believe that the investigation of premeditated killings of servicemen during hostilities using explosive devices and explosives has not been sufficiently addressed by scientists. According to criminological data, criminal violence has been escalating intensively in Ukraine over the last ten years. Thus, the number of registered killings during the period of hostilities in Ukraine has almost doubled in the last 5 years. Of particular concern is the increase in premeditated killings of servicemen in the area of the anti-terrorist operation, which are committed in military units while on guard duty, patrolling the territory and on a domestic basis. There are many cases of premeditated killings of servicemen, which are related to the concealment of a corpse, imitation of death during hostilities and more. According to the results of scientific analysis, it is safe to say that a significant number of murders of servicemen are committed with the use of explosives and mines and explosive devices as a result of shelling, hostilities, terrorist attacks. It is noted that certain problems have been identified in the conduct of certain investigative actions, in particular, the peculiarities of the scene inspection, examination of the corpse, interrogation of suspects and witnesses, investigative experiment, search measures to identify and detain wanted persons. Therefore, it is necessary to continue the scientific research in developing a mechanism for investigating these crimes in the context of hostilities. The conclusions state that under such conditions only coordinated, high-quality, prompt and timely primary investigative (investigative) and covert investigative (investigative) actions, the use of a full range of forensic methods, forensic capabilities, high professionalism of investigators, prosecutors, operatives, promotes and allows to reveal criminal offenses of this category.

Government Misconduct and Convicting the Innocent, The Role of Prosecutors, Police and Other Law Enforcement

This report examines the role of official misconduct in the conviction of innocent people. It is based on first 2,400 exonerations listed in the National Registry of Exonerations: cases in which a person who was convicted of a crime was officially and completely cleared based on new evidence of innocence. The Report is limited to misconduct by government officials that contributes to the false convictions of defendants who are later exonerated—misconduct that produces unreliable, misleading or false evidence of guilt, or that conceals, distorts or undercuts true evidence of innocence. The Report organizes the myriad types of misconduct into five general categories, roughly in the chronological order of a criminal case, from initial investigation to conviction: Witness Tampering; Misconduct in Interrogations of Suspects; Fabricating Evidence; Concealing Exculpatory Evidence; Misconduct at Trial. Official misconduct contributed to the false convictions of 54% of defendants who were later exonerated. In general, the rate of misconduct is higher in more severe crimes. Concealing exculpatory evidence—the most common type of misconduct—occurred in 44% of exonerations. Black exonerees were slightly more likely than whites to have been victims of misconduct (57% to 52%), but this gap is much larger among exonerations for murder (78% to 64%)—especially those with death sentences (87% to 68%)—and for drug crimes (47% to 22%). Police officers committed misconduct in 35% of cases. They were responsible for most of the witness tampering, misconduct in interrogation, and fabricating evidence—and a great deal of concealing exculpatory evidence and perjury at trial. Prosecutors committed misconduct in 30% of the cases. Prosecutors were responsible for most of the concealing of exculpatory evidence and misconduct at trial, and a substantial amount of witness tampering. Forensic examiners committed misconduct in 3% of exonerations, and child welfare workers in 2%. Disciplinary actions against officials who committed misconduct were uncommon for all types of officials, and especially so for prosecutors. For most types of misconduct, we have insufficient data to date to identify changes over time. There is, however, strong evidence that a few kinds of misconduct have become less common in the past 20 years: violence and other misconduct in interrogations; abusive questioning of children in child sex abuse cases; and fraud in presenting forensic evidence. On the other hand, the number of federal white-collar exonerations with misconduct by prosecutors has been increasing. We conclude that the main causes of misconduct that contributed to the false convictions of these exonerated defendants were pervasive practices that permit or reward bad behavior, lack of resources to conduct high quality investigations and prosecutions, and ineffective leadership by those in command. We discuss a range of possible remedies, from specific new rules governing investigations to changes in the work culture of law enforcement officers in particular agencies, in counties and states across the country, and in the nation as a whole.

The Dark Side of Visual Recording in the Suspect Interview: An Empirical and Experiential Study of the Unexpected Impact of Video Images

The video-recording of police interrogations of suspects has become widespread in criminal justice systems and is routinely regarded by legal professionals and lay people alike as a means of protecting the rights of suspects and reducing the likelihood of coerced or false confessions. This study, based on evidence from Japan and experiments conducted in Tokyo as well as cases and reinforced by studies from elsewhere, finds that the way visual images of suspects and their narratives are depicted on film can, on the contrary, be misleading. Not only lay participants in trials, but also legal professionals, may be misled into accepting unreliable confessions. Indeed the very power of visual images to convince viewers calls for great caution in their use. Possible solutions include the use of independent expert witnesses to evaluate the reliability of visual recordings and the restriction of taped evidence to audio tracks.

Political Voice

Political Voice

The Comparative of Study Culpable Rights in Preliminary Investigation in Iran and Turkey

<p><span lang="EN-US">The preliminary investigation to determine the fate of the victims and the defendants ' judicial rights of the victims and the criminal justice is of special importance. The preliminary investigation of the center of gravity of the interrogation of suspects. Considering the necessity of supporting the principle of presumed innocence and preserve human dignity in the hearing process, the main lines of the meanwhile defensive rights defendants at the stage of preliminary investigation determined. Examples of the rights of the defense and legal formalities and job maker Iran and Turkey in the interrogation system varied. However, what is the condition for this is that a fair hearing in accordance with the principles of this extension should be anticipated and mandated. The legal rights of the accused is guaranteed set in the level of national, regional or international, and with the aim of adopting a decision in a fair and judicial errors than to keep away from people who are offence, in order to be exposed to. Including these rights can be charge with its reasons, the right to have a lawyer, the right to silence, a prohibition of delay and procrastination in charge after arrest or summons, the right note, the right to health in statements against torture questioned. Meanwhile, In the system of criminal procedure if what legislator to some of the aforementioned rights in its rules on match point but the hearing system in Turkey, including in particular anticipating the unconditional right to have a lawyer, the right to prohibit the delay in charges and the right to an annulment of the flawed investigation and classified problems. Obviously fix the defects and its assignment to investigation compliance under the law is just and fair hearing flow will be extremely helpful.</span></p>

Ситуационный подход в разрешении следственных ситуаций, возникающих при допросе подозреваемых и обвиняемых по уголовным делам о незаконном обороте наркотических средств и психотропных веществ

Ситуационный подход в разрешении следственных ситуаций, возникающих при допросе подозреваемых и обвиняемых по уголовным делам о незаконном обороте наркотических средств и психотропных веществ

MINIMUM FORCE MEETS BRUTALITY: DETENTION, INTERROGATION AND TORTURE IN BRITISH COUNTER-INSURGENCY CAMPAIGNS

This paper explores brutality and torture in the history of British counter-insurgency campaigns. Taking as a pretext the British government's announcement in January 2012 to scrap a judicial review into the rendition and torture of UK citizens at Guantanamo Bay by American intelligence operatives with the complicity of British intelligence agencies, the paper posits that the actions this review was supposed to evaluate are not restricted to counter-terrorism. By examining the historical usage of interrogation methods by the British in counter-insurgency campaigns against suspected IRA members in the first decade of the ‘Troubles’ in Northern Ireland, this article builds a wider frame of reference for the recent controversies surrounding the treatment of detainees during the British occupation of southern Iraq. Although the detention and interrogation of suspects in counter-insurgency campaigns is a necessary security measure, the oft-heralded British adherence to ‘minimum force’ is heavily mythologised given the prevalence of the brutal treatment of detainees. Considering the detrimental impact (in an ethical, legal and security context) that the existence of torture during detention and interrogation had in these cases, the article upholds an absolutist position on the prohibition of torture.

Interview and interrogation methods and their effects on true and false confessions

6 Background 6 Objectives 6 Selection criteria 6 Search strategy 7 Data collection and analysis 7 Main results 7 Authors’ conclusions 7

“You Don't Have to Answer”: Lawyers’ Contributions in Police Interrogations of Suspects

We examine the location and function of lawyers' contributions in police interrogations of crime suspects, focusing on sequence organization to identify a typology of lawyers' contributions. Lawyers' contributions occurred in four main environments: (a) as compound turns built off police officers' routine elicitations of self-identification by all parties present at the interview; (b) as responses to police officers' routine invitations, prior to closing the interview, for lawyers to add anything further; (c) as responses to suspects' appeals for advice during the interview; and (d) as spontaneous interventions at junctures such as between first and second parts of an adjacency pair (typically, police questions and suspects' answers), or as interjected clarifications for the suspect, of what a police question may be implying. We also address how regular features of lawyers' contributions instantiate the lawyers' role in the setting, including features that make for success in objecting to a line of questioning.

Questioning Suspects: A Comparative Perspective

This article contrasts the ways in which English-speaking jurisdictions have responded to concerns about practices in the police interrogation of suspects. Since the mid-1990s, a stark contrast has developed between the methods taught to North American police officers via the “Reid Technique” and similar U.S. training programs and the strategy of “investigative interviewing” in England and Wales (and increasingly elsewhere in Europe and Australasia). This policy divergence must be understood in the context of differing responses to miscarriages of justice and investigative failures (caused, at least in part, by inefficient interrogation techniques) and the knowledge which inquiries into these miscarriages and failures produced. While investigative interviewing is part of a response to criminal process failure which sees both wrongful convictions and failed prosecutions as problematic, the United States has been slow to acknowledge the scale of a problem which has not only convicted (and executed) the innocent, but also failed to bring the guilty to justice. Drawing on empirical research in Australia, where audio-visual recording has been used routinely since the early 1990s, the article notes the limits and benefits of electronic recording, which too often is presented as a panacea. The article notes that most discussion of American interrogation takes place in an empirical vacuum and expresses doubts about the prevalent accounts of police practice. It also notes some recent interest in the United States in alternative approaches to interrogating suspects which have developed from the experience of questioning terrorist suspects.

Use of Deception in Obtaining a Confession: Reply

Back to table of contents Previous article Next article LetterFull AccessLetterPaul S. Appelbaum M.D.Paul S. Appelbaum M.D.Search for more papers by this authorPublished Online:1 Jun 2009https://doi.org/10.1176/ps.2009.60.6.850aAboutSectionsPDF/EPUB ToolsAdd to favoritesDownload CitationsTrack Citations ShareShare onFacebookTwitterLinked InEmail Use of Deception in Obtaining a Confession: ReplyIn Reply: I appreciate Dr. Halpern's underscoring of the important fact that not everything that the courts rule to be legally acceptable is an appropriate activity for psychiatrists and other mental health professionals. Indeed, the judicial opinions that I cited in the column that allowed deception in interrogation of suspects dealt exclusively with the behavior of law enforcement personnel. It is an open question whether the courts would rule similarly with regard to deceptive practices by mental health personnel. Whatever decision the courts would reach, as the primary drafter of the APA position statement that Dr. Halpern mentions, I would reemphasize his point: the role of a psychiatrist is not compatible with the job of an interrogator. Psychiatrists should not participate in interrogations. FiguresReferencesCited byDetailsCited ByNone Volume 60Issue 6 June, 2009Pages 850-850PSYCHIATRIC SERVICES June 2009 Volume 60 Number 6 Metrics PDF download History Published online 1 June 2009 Published in print 1 June 2009