Educing Information: Interrogation - National Intelligence University

At the closing, Dillon suggests again simply listening to the suspect. 456 “Their
small talk often includes a casual fact or unguarded statement that contains new
or different information,” because they feel that the questioning is over and their
guard may be down. 457
Reviewing Dillon’s five forms of questions, Walton warns the interrogator
“to be aware of value-laden terms that occur in questions.” 458 While he approves of
the use of so-called loaded questions (“a question that contains presuppositions
such that when the respondent gives any direct answer to the question he concedes
certain assumptions that are at issue and that are damaging to his interests”), the
interrogator must recognize when he is using these types of questions so that if
the suggestive terms in the question are “incorporated into the memory of the
witness” the interrogator understands what is happening. 459 At the same time, the
loaded question is a key component of the Reid Technique’s Step 7 (“Presenting
an alternative question,” see discussion below), thus showing the utility of such
questions in the interrogation setting. Indeed, Walton recognizes that loaded,
complex questions should be used “provided that they come in the right order of
questioning in a dialogue sequence.” 460
Royal and Schutt echo this advice in their thoughts on the fundamental
characteristics of good question construction:
1. Make the questions short and confined to one topic;
2. Make the questions clear and easily understood;
3. Avoid the use of frightening or super-realistic words; such as
confession, murder, forger, dope addict, embezzler, etc. Use
milder terms;
4. Use precise questions. A precise question is one that calls for a
specific or an exact answer. It limits the requested answer to a
definite item of information;
5. Use discerning questions. Discerning questions are questions
designed to produce information directly bearing on the matter
under discussion. They are questions that discriminate between
what is relevant and what is irrelevant. 461
Behavior Symptom Analysis
Behavior Symptom Analysis (BSA) involves evaluation of the verbal,
paralinguistic, and nonverbal channels of communication to identify possibly
guilty and/or deceptive suspects. 462 BSA can be considered merely a part of the
456
Id., p. 90.
457
Id.
458
Walton, see note 199, p. 1791.
459
Id.
460
Id.
461
Royal and Schutt, see note 407, p. 32-33.
462
Inbau, see note 109, p. 125.
183