Effective Interviewing and Interrogation Techniques, Third Edition

378 Pages·2010·12.8 MB·English

by  Nathan J. Gordon

EFFECTIVE INTERVIEWING
AND INTERROGATION
TECHNIQUES
EFFECTIVE
INTERVIEWING
AND
INTERROGATION
TECHNIQUES
THIRD EDITION
N J. G
ATHAN ORDON
Academy forScientificInvestigative Training
Philadelphia, Pennsylvania, USA
W L. F
ILLIAM LEISHER
KeystoneIntelligenceNetwork, Inc.
Philadelphia, Pennsylvania, USA
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Effectiveinterviewingandinterrogationtechniques/NathanJ.Gordon,WilliamL.Fleisher. 3rded.
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ISBN9780123819864
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Foreword
How do you know when someone is to highly usable and proven effective tech-
lying? This age-old question is answered niques and tradecraft for both interviewing
convincingly in the third edition of Nathan possible suspects and interrogating likely
GordonandWilliamFleisher’sEffectiveInter- perpetrators. The forensic assessment inter-
viewing and Interrogation Techniques. Gordon view technique (FAINT) is the keystone to
andFleisherprovideatourdeforceofprac- practicalapplicationofthescientificandprac-
tical and scientific knowledge drawn from ticalknowledgedevelopedearlierinthebook.
theauthors’decadesofexperienceaspreem- Again, the use of case studies to illustrate
inentexpertsinthefield. effectiveapplicationofthesetechniquesadds
The attempt to prevaricate and deceive, greatly to the reader’s appreciation of their
born of fundamental instincts for self- value.
preservation,takesasmanyformsashuman Although the third edition of Effective
ingenuity can devise. The evolution of tech- Interviewing and Interrogation Techniques pro-
niques designed to ferret out the truth pro- vides a definitive resource for law enforce-
videsafascinatingandenlighteningpreface ment and security professionals, others with
to this highly readable “how-to” guide to an interest in identifying prevaricators –
reliablemethodsofquestioning,observation, prosecutors, criminal defense lawyers, and
andanalysis. civil litigators – will also appreciate learning
Those same self-protective mechanisms, the tricks of the trade revealed in this book.
hard-wiredintoallofus,providetheskilled I speak from personal experience – I have
examinerthebasistoformjudgmentsabout known Bill Fleisher since he was a rookie
who is lying and who is responding truth- specialagentwiththeFBIandIwasafederal
fully.Foritistheobservablecluesprovided prosecutor investigating fraud and official
byourautonomicnervoussystemtofocused corruption.Later,whenwewereeachinpri-
questioningthatallowthetrainedinterroga- vate practice, Bill helped me expose a lying
tortoseparatetheliarsfromthetruth-tellers. witness, leading ultimately to a defense ver-
Inclearandconciselanguage,punctuatedby dictinacivilsuitinvolvingaclaimagainsta
illuminating examples drawn from real-life major corporation for more than a billion
situations, Fleisher and Gordon show us dollars.Youwillfind,asIhave,thatnotonly
howthepsychological/physiologicalramifi- do these observations and techniques make
cationsofthe“flightorfight”and“freezeor sense–theywork!
hide”instinctsbetraytheprevaricator.Going
beyondtheorytopracticalapplicationofsci- Richard Ben-Veniste is a partner in the
entificlearning,theauthorsprovideaguide internationallawfirmofMayerBrownLLP.
vii
Preface
Humans possess three basic social ins- is conflict—undisguised aggression based
tincts: they are aggressive, territorial, and uponterritorialityandtribalness.
tribal. What this means is that non- However socialized, ourinstincts, infact,
socialized humans, when left to their own remain strong: perhaps the strongest and
instinctual devices, will take whatever they least socialized being our survival instinct.
can, from whomever or wherever they can, Where socializationfails,instinctsdirect the
while protecting their own territories and behavior of both criminals and tyrants. But
families (clans) from aggressors. These instincts they remain, and when they are at
instinctsarenotapplicabletoabstractideals work, no matter how subtly, they leave a
or territories, in that humans will associate psycho-physiological trail: detectable signs
with and protect only their own families andsignals.Wecansadlypointtothehorren-
(or clans) and live in their own territories, douseventsinthesummerof2005,whenlaw
iftheycan.Allothersandallotherproperty andorderbrokedowninfabledNewOrleans
are fair game if instinct is the primary during Hurricane Katrina, asa classic exam-
ground for behavior. pleofhumaninstinctsrunamuck.
Inenteringsociety,howeverwillingly,we Understanding this psycho-physiological
setasideusingourinstinctsasoursoleguide. trail enables professional investigators to
Society usually cannot permit instinctual, increase their ability to determine the truth;
essentially selfish behavior; participation notasmalltask,inthatknowingthetruthis
in society requires cooperative, complex, probablythesinglemostimportantfactorin
considerate and, often, selfless behavior. thefunctioningofsociety.Weneedtoknow
It establishes institutions and controls that whom to trust and whom to rely upon, as
promoteitsbehavioralexpectations.Itssocial trust and interdependence are the glue that
institutions—religion,government,law,poli- holds society together. Thus, the need to
tics, art, sports, taboos, etc.—have evolved ascertain whether someone has violated the
tohelpsocializeandredirectnatural,aggres- norms of trust and therefore represents a
sive instincts toward positive and socially threattoanindividualorsocietyasawhole
approvedends. isessentialtoourcontinuedwell-being.
Whenever social institutions and/or con- Individuals who pose threats rarely an-
trols break down, humans tend to revert nouncethemselves.Thus,whiletheresultsof
back to their primitive instincts of aggres- deviantbehaviorareoftenpainfullyobvious,
sion, territoriality, and clannishness. Cur- the perpetrators frequently are not. When
rent history leaves little doubt that this is identified as suspects, alleged perpetrators
thewaywithhumans;justlookatthetrouble may lie, dissemble, and/or cover up their
spots of the world: whether it is Kosovo, connectionstotheiracts.
Rwanda,orthemajorcities,wheneversocial Penetrating this wall of deception and
comparatives and institutions falter, there the separation of the innocent from the
ix
x
PREFACE
A Note about Gender
guiltyarethecruxofpolicework.Toincrease
the efficiency and reliability of that process
Theuseof“he”and“his”throughoutimp-
is the function of this book. The authors
lies no gender bias, and is used to avoid the
intend to give the investigator a critical
awkwarduseof“he/she”and“his/her.”
insight into human behavior, which will
enable him to become a better interviewer,
a better interrogator and, most import-
antly, an expert detector of truthful and
deceptivebehavior.
About the Authors
the Vidocq Society, where he received the
prestigious Vidocq Medal of Honor for his
assistance in solving a 14-year-old cold-case
homicide.Mr.GordonlivesinPhiladelphia,
Pennsylvania, with his wife, three children,
andtwograndsons.
Nathan J. Gordon is Director of the
Academy for Scientific Investigative Train-
ing, where he developed the Forensic
Assessment Interview and Integrated Inter-
rogationTechnique.Heisanexpertforensic
psychophysiologist and an internationally
recognized expert in the field of Forensic
Assessment Interviewing and Interrogation.
Hehaslecturedandconductedseminarson
these subjects to thousands of law enforce- William L. Fleisher is Director of Key-
ment, intelligence, and private security offi- stone Intelligence Network, Inc. He retired
cers throughout the United States, Africa, as Deputy Special Agent in Charge of the
Europe, and Asia. Philadelphia office of the U.S. Customs Ser-
Mr.Gordon,arecognizedinnovatorinthe vice. Mr. Fleisher is a former special agent
field of truth verification, has had his work with the Federal Bureau of Investigation
recognizedinpublicationsincludingForensic and a supervisor with the Philadelphia
Psychophysiology: Use of the Polygraph, by Police Department. He has more than 42
James Allen Matte. He is the 2010 President years of experience in law enforcement
of the American Polygraph Association and andinvestigationandhas been apolygraph
has served as president of the Pennsylvania examiner since 1975.
Polygraph Association and president of the An internationally recognized expert in
International Forensic Psychophysiological Behavior Symptom Analysis, Mr. Fleisher is
Institutes Association. He is a Director of the author of the U.S. Customs technical
xi
xii
ABOUTTHEAUTHORS
manual on Behavioral Symptom Analysis. Chiefs of Police, and the American Society
Mr. Fleisher is the recipient of the Customs of Industrial Security and is a Certified
Service Distinguished Service Medal and Fraud Examiner. Mr. Fleisher was recog-
Award for his efforts in developing inter- nized in the November 2001 issue of Phila-
viewing techniques for customs inspectors. delphia magazine as one the “76 Smartest
He has lectured worldwide on interview- Philadelphians,” and the “go to guy” for
ing and polygraph techniques and is the otherprivateinvestigators who needdirec-
cofounder and first Commissioner of the tion in complicated investigations. He is
world-renowned Vidocq Society, an orga- also featured prominently in New York
nization of forensic experts, which assists Times bestselling author Michael Capuz-
law enforcement and victims’ families in zo’s book The Murder Room. Mr. Fleisher
solving unsolved homicides. He is also a lives in Cherry Hill, New Jersey, with his
member of the American Polygraph Asso- wife Michelle, four children, and two
ciation, International Association of the grandchildren.
Acknowledgments
The authors would like to acknowledge the world. These students have come from
and thank those pioneers who have led the Switzerland,SouthAfrica,Singapore,Israel,
way in the art of interviewing, interroga- Egypt, Dubai, Saudi Arabia, Mexico,
tion, and truth verification. Professionals Canada, Netherlands, France, Korea, South
such as Leonarde Keeler, John Reid, Cleve America, Taiwan, and the United States of
Backster, Richard Arther, Warren Holmes, America, with one thing in common—a
Joseph Buckley, Philip Cochetti, Stanley desire to make the world better through
Abrams, James Matte, Avinoam Sapir, Milt forensic science. We thank you for your
Addison, Norm Ansley, Ron Decker, Ed trust in us.
Gelb, Murlene McKinnon, Dave Sykes, Ray Special thanks to Gloria Alvarado, our
Morgan, Frank Horvath, Gordon Barland, dedicated office manager, and Jake Haber,
and the many other men and women “in former director of Continuing Education,
the trenches,” who like Diogenes, have led University of Delaware, an early supporter.
the search for the truth. Theauthorswouldalsoliketoacknowledge
The authors would like to give special the editorial contribution by C. Donald
recognition to Philip M. Cochetti, who Weinberg to the first edition of this book.
served as the Assistant Director of the They also thank those students and friends
Academy for Scientific Investigative Train- that modeled the scenes portrayed in this
ing from 1980–1988. It was during this time book.
that many of the ideas shared in this book AndaveryspecialthankstoAmyGordon,
were developed and his contributions are who taught the authors the true meaning
greatly appreciated. oflove.
The authors would be remiss if they did Theauthorswishtodedicatethisbookin
not express their everlasting gratitude to memoryofLeeG.Feathers,amemberofthe
their loyal wives, Kathy Gordon and first graduating class of the Academy for
Michelle Fleisher, and their families, who Scientific Investigative Training. Lee went
have endured many lonely hours support- on to become one of the finest polygraph
ing their careers. examiners and interrogators in the north-
Over the years, the authors have had the easternUnitedStates—thanks,Lee,foryour
distinct pleasure of meeting and training friendship and insight into interviewing
some of the finest individuals from all over and interrogation.
xiii