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Vol 21 No 11 Nov/Dec 2016

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Investigative Interviewing: Psychology, Method and Practice


ISBN13: 9781466590861
Published: August 2014
Publisher: CRC Press Inc
Country of Publication: USA
Format: Hardback
Price: £49.99



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There are few skills more important to the modern fact-finder than the ability to obtain information through effective interviewing. While most interviewing books are intended for law enforcement-often presenting techniques and styles accusatory and harsh-this method is ineffective and can be counterproductive in private sector investigations. This book covers modern techniques for interviews in the workplace scenario. The author presents the investigative interview method- a highly structured and process driven technique-and examines overcoming denials, written and oral admissions, legal aspects and challenges, and practical applications.

Subjects:
Advocacy
Contents:
The Process of Investigation
The Genesis of Process
Process of Investigation
Investigation Terminology
Investigation
The Subject
Interview versus Interrogation
The Suspected Wrongdoer
Fact Finders versus Investigators
Decision Maker versus Prosecutor
Misconduct and Malfeasance
Elements of a Successful Investigation
Management Commitment
Meaningful Objectives
Well-Conceived Strategy
Properly Pooled Resources
Lawful Execution
The Eight Methods of Investigation
Physical Surveillance
Electronic Surveillance
Research and Internal Audit
Forensic Analysis
Undercover
Interviews
The Seven Phases of Investigation
Assessment
Preparation and Planning
Information Gathering and Fact Finding
Verification and Analysis
Decision Making
Disbursement of Disciplinary and/or Corrective Action
Prevention and Education
Summary
Frequently Asked Questions
Endnotes
The Differences between the Public and Private Sector
An Historical Perspective
Mission
Advantages of the Public Sector
Powers of Arrest
Search and Seizure
Grand Jury and Special Inquiries
Prosecution and Punishment
Resources
Advantages of the Private Sector
Due Process
Entrapment
Establish That the Misconduct Was Preexistent
Establish the Motive of the Offender
A Lower Burden of Proof
Significant Trends in the Private Sector
More Sophisticated Crimes and Perpetrators
Greater Use of Technology
More Litigious Workforce
Expanded Rights and Protections of Employees
Summary
Frequently Asked Questions
Endnotes
The Fundamentals of Interviewing
The Role of the Investigative Interviewer
Qualities of a Professional Investigative Interviewer
Skill
Experience
Impartiality
Ethical
Fair
Deliberate
Evidence Collection and Management
Documentation
Organizing Oneself and Materials
Using Technology
Evidence Collection and Preservation
Definition of Evidence
Hearsay Evidence
Admissibility and Materiality
Spoliation of Evidence
Evidence Retention
Chain of Custody
Reporting and Communicating Results
Summary
Frequently Asked Questions
Endnotes
The Investigative Interview Method
Differentiating Interviews from Interrogation
Eight Phases of the Investigative Interview
Phase I: Preparation
Determining Who Should Be Interviewed
Location for the Interview
Interviewer Selection and Preparation
Case File Preparation
Theme and Question Development
Request for Representation
Selection and Use of Witnesses
Timing
Phase II: Introduction
Phase III: Presentation
Phase IV: Admission
Phase V: Discussion
Phase VI: Written
Phase VII: Oral
Phase VIII: Conclusion
Summary
Frequently Asked Questions
Endnotes
Administrative Interviews and Communicating Our Results
Introduction
Purpose of Administrative Interviews
Administrative Interview Process
Determining Who Should Be Interviewed
Selecting the Interviewer
Location of the Interview
The Introduction
The Presentation
The Discussion
Documentation
Confidentiality
Communicating Our Results
Bulletized Summary Reports
Findings of Fact
Executive Summaries
Electronic Communications
Testifying and the Preparation for Testimony
Lay Witnesses
Expert Witnesses
The Hearsay Rule
Presenting the Evidence
Testifying
Dempsey’s Ten Commandments of Courtroom Testimony
Impeachment
Frequently Asked Questions
Endnotes
Deception Detection and the Process of Overcoming Objections and Denials
Introduction
Why Most People Tell the Truth
Why Good People Sometimes Do Bad Things
Guiltlessness and the Enemy within
The Ability to Rationalize
Motive and the Consciencelessness of Greed
The Greedy
The Needy
The Stupid and Foolish
Importance and Influence of Opportunity
But for Bad Decisions and Mistakes
Prevention and the Path to Better Guardrails
Why Some People Lie
Confront Objections and Overcome Denials
Indications of Deception
Lack of Self-Reference
Verb Tense
Answering Questions with a Question
Equivocation
Oaths
Euphemisms
Lack of Narrative Balance
Deception Detection Technology
The Employee Polygraph Protection Act
Voice Stress Analyzer
Kinesics
Types of Lies
Body Language of the Guilty
Body Language of the Interviewer
Statement Analysis
Final Thoughts
Providing the Interviewee a Reason to be Truthful
Failure to Assign Guilt
Frequently Asked Questions
Endnotes
Legal Challenges and Litigation Avoidance
Introduction
Jurisdiction over Workplace Investigations
Origin and History of Law
Jurisdiction
Evidentiary Burdens and Standards
Multiple Agency and Court Review
Preparatory Legal Considerations
The Legal Duty to Investigate
Investigator Selection
Liability for Employee Fact Finder/Interviewer Misconduct
Liability for Contract Fact Finder/Interviewer Misconduct
Contractual Shifting of Liability Risk
Investigative Objectives
Identifying Standards of Proof
Documentation Control
Confidentiality
Information Gathering and Fact-Finding Considerations
Constitutional Considerations
Self-Incrimination
Search and Seizure
Joint Action and Public Function Exceptions
State Constitutional Issues
Federal Law and Employee Rights
Unfair Labor Practices
Union Representation
Investigations into Protected Concerted Activities
Federal Preemption and State Tort Actions
Union Contract Restrictions
Arbitration
Civil Rights Law
Duty to Investigate
Discriminatory Practices
Select Federal Statutes
Employee Polygraph Protection Act
Fair Credit Reporting Act
Federal Sentencing Guidelines
State Tort Law Issues
Assault and Battery
False Imprisonment and False Arrest
Defamation
Invasion of Privacy
State Statutes
Common Law Right of Privacy
Emotional Distress or Outrage
Negligent Investigation
A New Tort Action
Implicit and Explicit Duties to Investigate
Claims Arising from Employee Interviews
Constitutional Warnings
Assault and Battery
Sympathetic Touching
False Imprisonment
Economic and Moral Compulsion
Precautionary Protocols
Defamation
Precautionary Protocols
Escorting of Employees
Duty to Investigate an Alibi
Allegations of Discrimination
Admissible Admissions
Claims Arising from Employee Disciplinary Actions
Defamation
Self-Published Defamation
Wrongful Discharge
Union and Personal Employment Contracts
Implied Contract of Employment
Whistleblower and Similar Statutes
Public Policy
Discriminatory Discharges
Covenant of Good Faith and Fair Dealings
Additional Cases to Consider
Malicious Prosecution
Emotional Distress or Outrage
Unemployment Claims
Off-Duty Misconduct
Workers’ Compensation
Prevention and Education
Defamation and False Light Invasion of Privacy
Emotional Distress
Litigation Avoidance and Employee Dignity
Awareness and Liability Avoidance
Employee Dignity and Liability Avoidance
Endnotes
The Future of Investigative Interviewing
Introduction
Criticality
Skills
Protecting the Rights of Others
Privacy
Higher Standards and More Proof
Summary
Endnotes
Improving Results
Investment and Cost Management
Establish Milestones and a Budget
Importance of Measuring Results
First Collect Information
Analyze the Data
Put the Information to Use
Alternatives
Endnote
Afterword
Annotated Bibliography
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Appendix 9
Appendix 10
Index