Getting a Written Statement: Communication Professionalism (Article Sample)

Getting a Written Statement
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Introduction
Investigative interviewing is a fundamental, non-accusatory process in eliciting information from a potential suspect. It is most effective if conducted in an open ended manner and it is through this method that as much information as possible can be gathered (Gudjonsson, 2008). Unlike in criminal interrogations the interviewer does not have to read out the Miranda rights to their interview subject in the private sector. However, the law does allow employers to oblige their employees to make statements after an investigative process whereby the employee may be suspect to work place misconduct. Other than this disparity interviews in both the criminal and private sector usually tend to follow the same methodology. This study is going to focus on how best to get a suspect to write a statement after an interrogation process.
Strategies of Collecting Information
According to Sennewald & Christman, (2008) one vital attribute that the interviewer must have is integrity. Misrepresentation can prove to be costly, and once the interrogators principles are put under scrutiny obtaining a legitimate confession from the suspect becomes very complicated. The following are some strategies that can be used during an interrogation process.
1) Empathy, Communication and Professionalism
These traits are very essential to an interviewer and they usually send a signal to the interview suspect that the interviewer is not only an honourable person but also one who truly understands their situation. Communication is perhaps the most important skill that an interrogator can have and this should also encompass a focus on non-verbal ques. Zulawski & Wicklander, (2012), actually considers nonverbal communication to be just as important as the spoken word. Gestures such as head movement, one’s tone, sudden pauses and eye contact or lack thereof can actually go a long way in substantiating the truthfulness behind a confession. Professionalism facilitates an interviewer to develop an acute attention to detail.
2)High Interview Standards
The location in which to carry out an interview should be a key consideration for the interviewer, who preferably should opt for a private room or a designated interview office. As far as strategies are concerned this ranks very high. The interviewer should seek to minimise distractions as much as possible because the balance between the success or failure in his/her interview may be pegged on how alert the respondent is. Further still, they should also be willing to commit as much time as possible to the process because some confessions do not come easy.
Applicability of Video Taping or Recording to an Interview
The legality of whether or not an interviewer can prepare an audio or video recording of proceedings with an interview subject is a matter of controversy and varies from state to state. What is legal may not necessarily be ethical and in some cases these recordings can be made even without the knowledge of the suspect (Zulawski & Wicklander, 2012). However, the interviewer must be cautious enough not to make this fact known to the subject and should prepare necessary arrangements to ensure that basic mistakes such as the tape running out are avoided. This exception nonetheless is preserved for one-off situations. In most cases the law requires that if good cause is shown and made known to the defendant, then the interrogator can go ahead to make an audio or videotaped deposition. In the light of this fact and for the purpose of this study, making a recording of an interview is not applicable in most interrogation situations in which a statement would be required from a potential suspect with the exception of a few cases.
Challenges Faced by Interrogators
One of the key pitfalls that interrogators face is establishing a rapport with the subject. This can be compounded by the different characters under consideration because some individuals may not be very forthcoming. This challenge can be overcome by spending more time with the interview subject and starting of the discussions by choosing topics that will make them feel at ease. The interviewer should also as much as possible avoid asking personal questions so that...