Nathan J Gordon, William L Fleisher Read online

  EFFECTIVE INTERVIEWING

  AND INTERROGATION

  TECHNIQUES

  EFFECTIVE

  INTERVIEWING

  AND

  INTERROGATION

  TECHNIQUES

  THIRD EDITION

  NATHAN J. GORDON

  Academy for Scientific Investigative Training

  Philadelphia, Pennsylvania, USA

  WILLIAM L. FLEISHER

  Keystone Intelligence Network, Inc.

  Philadelphia, Pennsylvania, USA

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  Notices

  Knowledge and best practice in this field are constantly changing. As new research and experience

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  Practitioners and researchers must always rely on their own experience and knowledge in

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  Library of Congress Cataloging in Publication Data

  Gordon, Nathan J.

  Effective interviewing and interrogation techniques / Nathan J. Gordon, William L. Fleisher. 3rd ed.

  p. cm.

  Includes bibliographical references and index.

  ISBN 978 0 12 381986 4

  1. Interviewing in law enforcement. 2. Police questioning. 3. Interviewing. I. Fleisher, William L.

  II. Title.

  HV8073.G64 2011

  363.25’4 dc22

  2010018555

  British Library Cataloguing in Publication Data

  A catalogue record for this book is available from the British Library.

  ISBN: 978 0 12 381986 4

  For information on all Academic Press publications

  visit our Web site at www.elsevierdirect.com

  Printed in the United States

  11 12 13 9 8 7

  6

  5 4 3 2 1

  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

  Gordon and William Fleisher’s Effective Inter-

  perpetrators. The forensic assessment inter-

  viewing and Interrogation Techniques. Gordon

  view technique (FAINT) is the keystone to

  and Fleisher provide a tour de force of prac-

  practical application of the scientific and prac-

  tical and scientific knowledge drawn from

  tical knowledge developed earlier in the book.

  the authors’ decades of experience as preem-

  Again, the use of case studies to illustrate

  inent experts in the field.

  effective application of these techniques adds

  The attempt to prevaricate and deceive,

  greatly to the reader’s appreciation of their

  born of fundamental instincts for self-

  value.

  preservation, takes as many forms as human

  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-

  vides a fascinating and enlightening preface

  ment and security professionals, others with

  to this highly readable “how-to” guide to

  an interest in identifying prevaricators –

  reliable methods of questioning, observation,

  prosecutors, criminal defense lawyers, and

  and analysis.

  civil litigators – will also appreciate learning

  Those same self-protective mechanisms,

  the tricks of the trade revealed in this book.

  hard-wired into all of us, provide the skilled

  I speak from personal experience – I have

  examiner the basis to form judgments about

  known Bill Fleisher since he was a rookie

  who is lying and who is responding truth-

  special agent with the FBI and I was a federal

  fully. For it is the observable clues provided

  prosecutor investigating fraud and official

  by our autonomic nervous system to focused

  corruption. Later, when we were each in pri-

  questioning that allow the trained interroga-

  vate practice, Bill helped me expose a lying

  tor to separate the liars from the truth-tellers.

  witness, leading ultimately to a defense ver-

  In clear and concise language, punctuated by

  dict in a civil suit involving a claim against a

  illuminating examples drawn from real-life

  major corporation for more than a billion

  situations, Fleisher and Gordon show us

  dollars. You will find, as I have, that not only

  how the psychological/physiological ramifi-

  do these observations and techniques make

  cations of the “flight or fight” and “freeze or

  sense – they work!

  hide” instincts betray the prevaricator. Going

  beyond theory to practical application of sci-

  Richard Ben-Veniste is a partner in the

  entific learning, the authors provide a guide

  international law firm of Mayer Brown LLP.

  vii

  Preface

  Humans possess three basic social ins-

 
is conflict—undisguised aggression based

  tincts: they are aggressive, territorial, and

  upon territoriality and tribalness.

  tribal. What this means is that non-

  However socialized, our instincts, in fact,

  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 socialization fails, instincts direct 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

  instincts are not applicable to abstract ideals

  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

  and signals. We can sadly point to the horren-

  (or clans) and live in their own territories,

  dous events in the summer of 2005, when law

  if they can. All others and all other property

  and order broke down in fabled New Orleans

  are fair game if instinct is the primary

  during Hurricane Katrina, as a classic exam-

  ground for behavior.

  ple of human instincts run amuck.

  In entering society, however willingly, we

  Understanding this psycho-physiological

  set aside using our instincts as our sole guide.

  trail enables professional investigators to

  Society usually cannot permit instinctual,

  increase their ability to determine the truth;

  essentially selfish behavior; participation

  not a small task, in that knowing the truth is

  in society requires cooperative, complex,

  probably the single most important factor in

  considerate and, often, selfless behavior.

  the functioning of society. We need to know

  It establishes institutions and controls that

  whom to trust and whom to rely upon, as

  promote its behavioral expectations. Its social

  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

  to help socialize and redirect natural, aggres-

  norms of trust and therefore represents a

  sive instincts toward positive and socially

  threat to an individual or society as a whole

  approved ends.

  is essential to our continued well-being.

  Whenever social institutions and/or con-

  Individuals who pose threats rarely an-

  trols break down, humans tend to revert

  nounce themselves. Thus, while the results of

  back to their primitive instincts of aggres-

  deviant behavior are often painfully obvious,

  sion, territoriality, and clannishness. Cur-

  the perpetrators frequently are not. When

  rent history leaves little doubt that this is

  identified as suspects, alleged perpetrators

  the way with humans; just look at the trouble

  may lie, dissemble, and/or cover up their

  spots of the world: whether it is Kosovo,

  connections to their acts.

  Rwanda, or the major cities, whenever social

  Penetrating this wall of deception and

  comparatives and institutions falter, there

  the separation of the innocent from the

  ix

  x

  PREFACE

  guilty are the crux of police work. To increase

  A Note about Gender

  the efficiency and reliability of that process

  is the function of this book. The authors

  The use of “he” and “his” throughout imp-

  intend to give the investigator a critical

  lies no gender bias, and is used to avoid the

  insight into human behavior, which will

  awkward use of “he/she” and “his/her.”

  enable him to become a better interviewer,

  a better interrogator and, most import-

  antly, an expert detector of truthful and

  deceptive behavior.

  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. Gordon lives in Philadelphia,

  Pennsylvania, with his wife, three children,

  and two grandsons.

  Nathan J. Gordon is Director of the

  Academy for Scientific Investigative Train-

  ing, where he developed the Forensic

  Assessment Interview and Integrated Inter-

  rogation Technique. He is an expert forensic

  psychophysiologist and an internationally

  recognized expert in the field of Forensic

  Assessment Interviewing and Interrogation.

  He has lectured and conducted seminars on

  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, a recognized innovator in the

  vice. Mr. Fleisher is a former special agent

  field of truth verification, has had his work

  with the Federal Bureau of Investigation

  recognized in publications including Forensic

  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

  and investigation and has been a polygraph

  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

  ABOUT THE AUTHORS

  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

  other private investigators who need direc-

  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, South Africa, 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.

  The authors would also like to acknowledge

  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

  And a very special thanks to Amy Gordon,

  were developed and his contributions are