Tradecraft primer : a framework for aspiring interrogators

152 Pages·2016·4.339 MB·English

by  Topalian, Paul Charles

CRIMINAL INVESTIGATION T
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Tradecraft
Tradecraf t
A Framework for
Primer
Aspiring Interrogators
Tradecraft Primer: A Framework for Aspiring Interrogators is a timely and relevant reference Primer
manual for a new generation of professionals as we enter a new era in our nation’s interrogation
programs. A must-read for anyone thinking of entering the interrogation profession, whether in
law enforcement, the military, or intelligence, it provides fresh insights from the latest empirical-
based studies that will enhance your results and contribute to best practices. It challenges past
beliefs and legacy interrogation practices of previous generations by capturing novel approaches
that no longer rely on physical and psychological coercion, unethical or questionable ruses, or T
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abusive mistreatment. a
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Importantly, this primer also opens the door to valuable lessons from contemporary experts in
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A Framework
human motivation and more effective social influence methodologies and tactics while you learn r
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of the art and science behind rapport-building, effective communication constructs, and the f
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influence of interpersonal and intrapersonal dynamics for use inside the interrogation room. In
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addition, it captures the “interrogation cycle” as a handy reference graphic. By reading this primer, r
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you will learn how to reduce incidences of false confessions, mitigate eyewitness misidentification, m
and gain simple contemporary insights to outsmart liars and discern truth-tellers from deceivers.
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As an advocate for a sea change in the way our nation’s interrogation programs are run and
managed, this primer encourages a team approach to interrogations and emphasizes active Aspiring
engagement and oversight by supervisors in efforts to corroborate interrogation outcomes. It also
asserts the need for the adoption of a common code of ethics shared among all practitioners—an
ethical code created in deference to our nation’s Constitution, statutes, international treaties, and
the policies of our nation’s leaders. One that encompasses the pledge and built on two underlying
Interrogators
principles: Do no harm and respect human rights.
K27239
Paul Charles Topalian
6000 Broken Sound Parkway, NW
Suite 300, Boca Raton, FL 33487
711 Third Avenue
New York, NY 10017
an informa business
2 Park Square, Milton Park
www.crcpress.com Abingdon, Oxon OX14 4RN, UK www.crcpress.com

Tradecraft
Primer
A Framework
for
Aspiring
Interrogators

Tradecraft
Primer
A Framework
for
Aspiring
Interrogators
Paul Charles Topalian
Boca Raton London New York
CRC Press is an imprint of the
Taylor & Francis Group, an informa business
U.S. Government Disclaimer: This Primer does not constitute an official release of United States
government information. All statements of fact, opinion, or analysis expressed are those of the
author and do not reflect the official positions or views of the U.S. Government. Nothing in the
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tion or endorsement of the author’s views. This material has been reviewed solely for classification.
CRC Press
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© 2016 by Taylor & Francis Group, LLC
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Version Date: 20160317
International Standard Book Number-13: 978-1-4987-5117-9 (eBook - PDF)
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Contents
Preface xi
Author xv
1 Getting Our Terms Straight 1
The Need to Seek Common Ground 2
Redefining the Term Interrogation 3
Comparing Law Enforcement and Intelligence Interrogations 4
Other Associative Terms 5
Law Enforcement Custodial Interrogations 5
Law Enforcement Noncustodial Interviews 6
Elicitation 6
Strategic Debriefings 7
Tactical Questioning 7
Confessions 7
Admissions 7
2 Interrogation’s Tortuous Past 9
Snapshots from Distant History 10
The Qin Dynasty 10
The Roman Empire 10
The Dark Ages 11
Salem Witch Trials 12
Napoleon Speaks Out! 12
The Wickersham Commission 13
Evolving Case Law 14
Brown versus Mississippi (1936)
and Chambers versus Florida (1940) 14
Rochin versus California (1952) 15
Miranda versus Arizona (1966) 15
Lessons from World War II 17
The Cold War Era 19
The U.S. Experience in the Korean War 19
On the Heels of the Vietnam Conflict 20
The U.S. Experience in the Vietnam Conflict 21
v
vi Contents
Enter the Global War on Terror 22
Renditions 23
Black Sites 24
Enhanced Interrogation Techniques 24
The Evolving Army Field Manual 26
A Major Force for Change 28
3 Rights of Persons in Custody 29
Constitutional Provisions 29
Fifth Amendment 29
Sixth Amendment 30
Eighth Amendment 30
Fourteenth Amendment 31
International Treaties 31
Universal Declaration of Human Rights 32
Geneva Conventions and Common Article 3 32
UN Convention against Torture 35
International Covenant on Civil and Political Rights (ICCPR) 35
Istanbul Protocol 36
U.S. Laws, Statutes, and Executive Orders 36
Torture Victims Protection Act (TVPA) 36
War Crimes Act (WCA)—18 U.S.C. § 2441 37
Federal Torture Statute—18 U.S.C. § 2340–2340B 38
Detainee Treatment Act (DTA) 39
Military Commissions Act (MCA) 40
Executive Order 13491 41
Challenges Yet Ahead 43
4 On Being Human 45
Understanding Memory 45
Other Factors Influencing Memory 46
Gisting 46
Reality Mapping 46
Stress 47
Passage of Time 47
Suggestibility and Memory Distortion 48
Situational Dynamics 48
Physical and Emotional Isolation 48
Fear 48
Contents vii
Guilt, Shame, and Humiliation 49
Physiological Factors 49
Perceptions 50
Physical Setting 50
Bias 51
Infliction of Pain and Threats 52
Interpersonal and Intrapersonal Dynamics 53
The Science of Rapport 53
Choose Your Words, Demeanor, and Tenor Wisely 54
Six Key Elements of Interpersonal Dynamics 55
Five Core Needs of Intrapersonal Dynamics 57
Put These Concepts into Action 59
5 The Interrogation Cycle 61
The Law Enforcement Interrogation Cycle 62
Collect Relevant Background Information 62
Frame Initial Questions 65
Noncustodial Interview and Assessment 68
Decision to Release or Detain in Custody, Mirandize,
and Isolate 69
Develop Your Interrogation Strategy 70
Seek the Miranda Waiver 73
The Custodial Interrogation 73
Corroborate Outcomes 88
Decision to Refer to a Prosecutor, Release, or Detain
and Repeat Cycle 89
The Intelligence Interrogation Cycle 89
Identify Threats and Priority Intelligence Gaps 90
Screen Detainees 90
Frame Initial Questions 90
Perform Pre-Interrogation Interview 90
Build and Execute Your Interrogation Strategy 91
Corroborate Responses, Release, or Retain and Repeat Cycle 91
6 About Confessions 93
Three Major Factors Influencing Outcomes 93
Strength of Evidence 93
Time 94
Number of Tactics 94
viii Contents
Other Influential Variables 95
Age 95
Gender 96
Race and Ethnicity 96
Mental State and Psychological Factors 97
Previous Convictions 97
Type of Offense 97
Access to Legal Advice 97
Miranda Rights 98
Other Considerations 98
Wrongful Convictions 98
Interrogation-Induced False Confessions 100
Eyewitness Misidentification 103
Jailhouse Informants 104
Owning Up to the Problem 105
Minimizing False Confessions 106
Eyewitness Reforms 107
7 Unmasking Deception 109
Offset the Liar’s Advantage 110
Integrity Is Not a Stable Trait 110
People Make Poor Lie Detectors 111
Content Analysis 112
Statement Analysis 112
Verbal Markers 113
Avoid Focusing on the Wrong Nonverbal Cues 114
For Different People, Look for Different Cues 115
More Reliable Ways to Uncover Deceit 116
The Information-Gathering Interview Style 116
Imposing a Cognitive Load 117
Evaluating Inconsistencies in Facial Expressions 118
Uncovering Deception in Tandem Conspirators 119
Other Ways to Outsmart Liars 120
Time Well Spent 120
Being a Good Listener 120
Draw Me a Picture 121
Strategic Use of Evidence 121