Conducting the Interview

Interviews are classified as either formal or informal. The informal interview is used primarily at the scene of the crime to screen those persons who have pertinent information about an offense. After establishing that a person does have information regarding the offense or incident, immediately segregate him or her from the others and interview him or her formally as soon as practical. Also, take the names and addresses of all persons in the vicinity for future reference.

The formal interview is conducted to obtain specific information concerning an offense or incident from a person believed to be aware of such information. The formal interview may be conducted at the scene, at a place convenient to the subject, or at your office.

Attitude and actions usually determine the succcss or failure of the interview. Be friendly and businesslike; try to get the subject into a talkative mood and to guide the conversation toward the subject's knowledge of the case. Permit the subject to tell his or her complete story without unnecessary interruptions. Phrase the questions to maintain a free flow of talk from the subject. Take care not to coach or lead the subject into merely telling you what you want to hear. Mentally note any inconsistencies and obtain clarification after the subject has completed his or her story. Specific types of approaches are as follows: . The indirect approach is generally used in the interview. The subject is aware of the reason for the interview and is permitted to discuss the facts with you rather than answer probing questions. He or she is encouraged to talk about the incident and to give a true and complete account of his or her knowledge of it. . The more direct type of questioning, usually reserved for the interrogation of a suspect, maybe used when the subject shows fear, dislike, or distrust of interviewers; dreads retaliation by criminals; desires to protect friends or relatives; or displays a general unwillingness to talk for reasons best known to himself or herself.

COMPLAINANTS.- The ^{complainant is} interviewed first, if possible, to find out whether the crime did occur as alleged when interviewing a complainant, be receptive and sympathetic; let the subject know that you recognize the importance of the complaint and intend to take proper action. Be tactful and open-minded toward the subject and his or her complaint, but equally realistic and careful in developing complete information. Attempt to establish

the motive for the complaint and determine the subject's relationship to the accused. Be alert to detect any grudge or jealousy. Always assure the complainant that

appropriate action will be started promptly and that a complete and thorough investigation will be conducted.

VICTIMS.- When interviewing the victim of a crime, particularly a crime of violence, consider the victim's emotional and physical state. A state of shock or hysteria may cause the victim to give a hazy, erroneous, or garbled account of the crime. Wild and unsupported opinions or conclusions regarding the circumstances of persons connected with the crime are often included in the victim's account. Retain an open mind and evaluate each element of the victim's story in relation to the testimony of witnesses and the physical evidence.

WITNESSES.- Frequently guide the witness to help him or her to recall and to relate the facts of an incident as they were observed. Try to make him or her realize that he or she has important and necessary information. Design your questioning to develop a detailed account of the witness' knowledge.

Be constantly aware of the human factors that affect a witness' ability to observe and describe actions, articles, or circumstances related to the commission of a crime. The age, emotional stability, prejudices, and general reputation of a witness are important factors. The relation of the witness to the person connected with the crime is extremely important, both from the legal viewpoint and with regard to the reliability of information furnished by the witness.

Avoid questions of a leading nature. Direct yes or no answers to leading question are not valid information on which to base an investigation. An unstable person, a highly suggestible person, or a person whose memory of events is hazy will often give answers that were suggested to him or her by leading questions.

Recording the Interview

Attempt to record the interview for future reference. Interviews can be recorded as a statement initiated by the interviewee, recorded on an electronic recording device, or merely recorded in the form of notes taken by the investigator.

Statements are elicited from persons with pertinent knowledge regarding the offense or incident under investigation. Written statements serve as permanent records of the pretrial testimony of complainants, victims, and witnesses. The written statement may be used in court as evidence to attest to what was told the investigator and to refresh the memory of the maker of the statement or the memory of the investigator.

An electronic recording device provides a convenient means of preserving the content of an interview. The recordings should be carefully kept in their entirely, together with stenographic transcripts made from them. A complete chain of custody should be maintained for all such items as they may later prove valuable in legal proceeings, provided they can be identified and authenticated.

Take notes of the interview. _{Most persons} interviewed have no objection to discreet note-taking. Notes, however, should not be taken until the subject has had the opportunity to tell his or her story completely and to correct any honest mistakes that he or she made ^{in the first telling.} Some subjects display annoyance when you divert your attention from them to take notes. Other subjects are reluctant to talk when they know what they say is being recorded. When either of these situations is apparent, the best time to write down the details of an interview is immediately after it is completed.

SUMMARY

By now you should be aware of the various and important tasks involved with pretrial administrative procedures and how they affect the military justice system. Your role as an LN is important to this system, and the invaluable service you provide to your attorneys enhances the morale and efficiency of served commands. Also, keep in mind that the tasks noted throughout ths chapter require that you keep current of requirements levied as a result of appellate decisions and congressional actions.