k. Deception may occur if a person does not want to get involved, or wants to avoid
inconvenience.
l. Prompts such as pictures, sketches, or evidence from background research are useful tools.
They help orient the interviewee and serve as a basis for questions. This approach helps to motivate him
and serves to "break the ice."
m. Once you are reasonably sure that the interviewee has told as much about the incident as
possible, prepare a DA Form 2823, Sworn Statement. This form helps to verify that the information
given by the interviewer is correct. It is important there are no misunderstandings of the story because
this document is valuable evidence.
n. After the interview is finished and a sworn statement is made, you need to determine the
consistency and reliability of the information. Information is consistent if it compares favorably with
other statements, physical evidence, and your own observations. Suppose you were told, for example,
that one car struck another in the right fender. The car does have a dent in the right fender. Therefore,
the information is consistent.
o. Information is reliable if he was truthful. His mannerisms and emotional state may indicate
that he was concealing or withholding information, or exaggerating facts. This is hard to determine, or
even harder to prove. If the information seems to be inconsistent or unreliable, a second interview may
be needed. Discrepancies obscure the truth of the incident. They may cast doubt on the reliability of a
witness or victim.
p. The interviewee can be confronted later with the inconsistencies. Time can calm an
emotional witness and cause an interviewee who concealed information to forget what he said the first
time. In either situation, your evaluation will allow you to gather more facts and evidence to support the
investigation.
q. It is not necessary to warn a witness of his/her Article 31 UCMJ rights unless he has uttered
statements which lead you to believe the status of the witness has changed to that of a suspect. All
questioning must then cease and the suspect must be informed of his/her legal rights.
6.
Conducting an Interrogation.
a. Interrogations are a little different than interviews. Generally, though, the same principles
apply. An interview is accomplished with someone who is ready, willing, and able to talk. An
interrogation is conducted with someone who is not able or willing to talk. For this reason, it involves
direct questioning. Although each interrogation is unique, they basically follow the steps and techniques
that are discussed below.
b. When interrogating a suspect, the nature of the offense under investigation must be stated.
He must be informed that he is a suspect or has been accused of the offense. The suspect must also be
advised of his rights
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MP2003