Investigative Interviewing: Psychology, Method and Practice
By: Eugene F. Ferraro (author)Hardback
1 - 2 weeks availability
There are few skills more important to the modern fact finder than the ability to obtain information through effective interviewing. While most interviewing books are intended for law enforcement, they often present harsh and accusatory techniques that can be counterproductive in private sector investigations. Investigative Interviewing: Psychology, Method and Practice covers modern techniques for private sector investigative interviews. It outlines a highly structured and process-driven technique that takes a non-accusatory approach, uses no intimidation or coercion, and has been proven to achieve admission rates above 90 percent. This time-tested methodology is easy to learn and replicate and will help you to significantly diminish the likelihood of false confessions.
* Illustrates the process of investigation * Identifies the differences between the public and private sectors * Reviews the fundamentals of interviewing * Covers the investigative interview method * Explains how to overcome objections * Considers legal challenges and litigation avoidance Sharing insights garnered over the author's 30 years of experience in investigations and interviewing, the book includes case studies based on actual investigations that illustrate industry best practices. Although the text focuses on private sector investigations, the methods presented are also applicable in law enforcement settings. This book presents the tools and methods required to produce investigative results that are legal and admissible in court. It will help you develop the skills to ensure ethical interviewing practice while investigating a range of situations and protecting against those who intend to cause the organization harm.
Eugene F. Ferraro, CPP, CFE, PCI, SPHR, is currently the chief ethics officer of Convercent, Inc., Denver, Colorado. He has been involved in the study of organizational culture, workplace misconduct, and compliance for over 32 years. He is a prolific author and frequently speaks and trains on the topics of complex corporate investigations, culture management, and unethical behavior in the workplace. He is board certified in both Security Management and Human Resources Management (CPP and SPHR designations, respectively). He has been a member of ASIS (American Society for Information Science) International since 1987 and a commissioner on the ASIS Standards and Guidelines Commission. He is also a member of the Association of Certified Fraud Examiners and is a certified fraud examiner (CFE designation) as well as a professional certified investigator (PCI designation). Mr. Ferraro is a former military pilot, intelligence officer, and a graduate of the Naval Justice School. He is a frequent book critic for Security Management magazine and is the author of Investigations in the Workplace, 2nd ed. (Taylor & Francis Group, 2012), which is a textbook used by universities and other institutions of higher learning in the United States and abroad.
The Process of Investigation The Genesis of Process Process of Investigation Investigation Terminology Investigation The Subject Interview versus Interrogation The Suspected Wrongdoer Fact Finders versus Investigators Decision Maker versus Prosecutor Misconduct and Malfeasance Elements of a Successful Investigation Management Commitment Meaningful Objectives Well-Conceived Strategy Properly Pooled Resources Lawful Execution The Eight Methods of Investigation Physical Surveillance Electronic Surveillance Research and Internal Audit Forensic Analysis Undercover Interviews The Seven Phases of Investigation Assessment Preparation and Planning Information Gathering and Fact Finding Verification and Analysis Decision Making Disbursement of Disciplinary and/or Corrective Action Prevention and Education Summary Frequently Asked Questions Endnotes The Differences between the Public and Private Sector An Historical Perspective Mission Advantages of the Public Sector Powers of Arrest Search and Seizure Grand Jury and Special Inquiries Prosecution and Punishment Resources Advantages of the Private Sector Due Process Entrapment Establish That the Misconduct Was Preexistent Establish the Motive of the Offender A Lower Burden of Proof Significant Trends in the Private Sector More Sophisticated Crimes and Perpetrators Greater Use of Technology More Litigious Workforce Expanded Rights and Protections of Employees Summary Frequently Asked Questions Endnotes The Fundamentals of Interviewing The Role of the Investigative Interviewer Qualities of a Professional Investigative Interviewer Skill Experience Impartiality Ethical Fair Deliberate Evidence Collection and Management Documentation Organizing Oneself and Materials Using Technology Evidence Collection and Preservation Definition of Evidence Hearsay Evidence Admissibility and Materiality Spoliation of Evidence Evidence Retention Chain of Custody Reporting and Communicating Results Summary Frequently Asked Questions Endnotes The Investigative Interview Method Differentiating Interviews from Interrogation Eight Phases of the Investigative Interview Phase I: Preparation Determining Who Should Be Interviewed Location for the Interview Interviewer Selection and Preparation Case File Preparation Theme and Question Development Request for Representation Selection and Use of Witnesses Timing Phase II: Introduction Phase III: Presentation Phase IV: Admission Phase V: Discussion Phase VI: Written Phase VII: Oral Phase VIII: Conclusion Summary Frequently Asked Questions Endnotes Administrative Interviews and Communicating Our Results Introduction Purpose of Administrative Interviews Administrative Interview Process Determining Who Should Be Interviewed Selecting the Interviewer Location of the Interview The Introduction The Presentation The Discussion Documentation Confidentiality Communicating Our Results Bulletized Summary Reports Findings of Fact Executive Summaries Electronic Communications Testifying and the Preparation for Testimony Lay Witnesses Expert Witnesses The Hearsay Rule Presenting the Evidence Testifying Dempsey's Ten Commandments of Courtroom Testimony Impeachment Frequently Asked Questions Endnotes Deception Detection and the Process of Overcoming Objections and Denials Introduction Why Most People Tell the Truth Why Good People Sometimes Do Bad Things Guiltlessness and the Enemy within The Ability to Rationalize Motive and the Consciencelessness of Greed The Greedy The Needy The Stupid and Foolish Importance and Influence of Opportunity But for Bad Decisions and Mistakes Prevention and the Path to Better Guardrails Why Some People Lie Confront Objections and Overcome Denials Indications of Deception Lack of Self-Reference Verb Tense Answering Questions with a Question Equivocation Oaths Euphemisms Lack of Narrative Balance Deception Detection Technology The Employee Polygraph Protection Act Voice Stress Analyzer Kinesics Types of Lies Body Language of the Guilty Body Language of the Interviewer Statement Analysis Final Thoughts Providing the Interviewee a Reason to be Truthful Failure to Assign Guilt Frequently Asked Questions Endnotes Legal Challenges and Litigation Avoidance Introduction Jurisdiction over Workplace Investigations Origin and History of Law Jurisdiction Evidentiary Burdens and Standards Multiple Agency and Court Review Preparatory Legal Considerations The Legal Duty to Investigate Investigator Selection Liability for Employee Fact Finder/Interviewer Misconduct Liability for Contract Fact Finder/Interviewer Misconduct Contractual Shifting of Liability Risk Investigative Objectives Identifying Standards of Proof Documentation Control Confidentiality Information Gathering and Fact-Finding Considerations Constitutional Considerations Self-Incrimination Search and Seizure Joint Action and Public Function Exceptions State Constitutional Issues Federal Law and Employee Rights Unfair Labor Practices Union Representation Investigations into Protected Concerted Activities Federal Preemption and State Tort Actions Union Contract Restrictions Arbitration Civil Rights Law Duty to Investigate Discriminatory Practices Select Federal Statutes Employee Polygraph Protection Act Fair Credit Reporting Act Federal Sentencing Guidelines State Tort Law Issues Assault and Battery False Imprisonment and False Arrest Defamation Invasion of Privacy State Statutes Common Law Right of Privacy Emotional Distress or Outrage Negligent Investigation A New Tort Action Implicit and Explicit Duties to Investigate Claims Arising from Employee Interviews Constitutional Warnings Assault and Battery Sympathetic Touching False Imprisonment Economic and Moral Compulsion Precautionary Protocols Defamation Precautionary Protocols Escorting of Employees Duty to Investigate an Alibi Allegations of Discrimination Admissible Admissions Claims Arising from Employee Disciplinary Actions Defamation Self-Published Defamation Wrongful Discharge Union and Personal Employment Contracts Implied Contract of Employment Whistleblower and Similar Statutes Public Policy Discriminatory Discharges Covenant of Good Faith and Fair Dealings Additional Cases to Consider Malicious Prosecution Emotional Distress or Outrage Unemployment Claims Off-Duty Misconduct Workers' Compensation Prevention and Education Defamation and False Light Invasion of Privacy Emotional Distress Litigation Avoidance and Employee Dignity Awareness and Liability Avoidance Employee Dignity and Liability Avoidance Endnotes The Future of Investigative Interviewing Introduction Criticality Skills Protecting the Rights of Others Privacy Higher Standards and More Proof Summary Endnotes Improving Results Investment and Cost Management Establish Milestones and a Budget Importance of Measuring Results First Collect Information Analyze the Data Put the Information to Use Alternatives Endnote Afterword Annotated Bibliography Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix 8 Appendix 9 Appendix 10 Index
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