(3) Resentment Toward Police and Police Methods.
This resentment may be
present particularly among people who do not feel loyal toward society. Sometimes
the resentment surfaces as sympathy for an accused person.
The witness may feel
that the accused is an underdog at war against the impersonal, organized forces of
society. The police represent this society.
d. Military Police Investigator/Subject Personality Conflicts.
The lack of
success in an interview or interrogation may be due to a personality conflict
between the investigator and the subject.
If that is the case, recognize this
factor. Before all chances of success are lost, voluntarily withdraw in favor of
another MPI. The subject may feel like talking to the new MPI.
e. Refusal to Talk. A known weakness of the interview or interrogation is that
no person can be made to talk if he is not willing. A person guilty of a crime may
continue to profess his innocence even after he is convicted and serving his
sentence. Remember that a victim, complainant, or witness to a crime does not have
the same protection under Article 31 and the Fifth Amendment to the Constitution as
an accused, since he is not a suspect. Remind people of this fact. Point out that
a person who refuses to cooperate is doing a great disservice to the Army.
PART H - WITNESS TO INTERVIEWS AND INTERROGATIONS.
a. When too many people are present, the person being interviewed or questioned
sometimes doesn't want to tell all that he knows of the incident. Interviewing or
questioning one in the presence of many law enforcement personnel has been held by
the courts to be suggestive of duress. On the other hand, someone should be there
to witness the questioning and the statement(s) made.
Someone should be there,
also, to protect the investigator against a possible charge of coercion or duress.
Not more than two investigators should be present in the interrogation room. When
more than two people have an official interest in the interview or questioning, the
others may witness the questioning from behind a two-way mirror. There they will
be out of sight of the person but can still see and hear everything.
b. Female Subjects. Never endanger an interview or questioning by ignoring this
fact: a woman may not want to talk about intimate subjects in the presence of
others.
There is no legal requirement to have a witness for the questioning of
females, however, it is better to have a witness, preferably a female, for your own
safeguard against false charges.
The use of two way mirrors and concealed
microphones (in accordance with AR 381-17) is proper for such cases. The fact that
the female believes that she is alone with the investigator may encourage her to
talk.
PART I - RECORDS.
A name-index file should be kept to record needed facts about each interview and
questioning.
The file should contain cross-referenced notes to each instance of
questioning.
Similar notes should be made to the case for which the questioning
was needed and to the MP reports that contain the reported
1-13
MP0018
Previous Page
