Election Investigations Guidebook
and to help corroborate the written record, we recommend that two investigators are present during interviews.
Additional Considerations for Interviews
There are a number of other well-defined best practices in investigative interviewing,205 all of which can be extended to the electoral investigation process.
Some additional considerations for conducting interviews in the course of
election investigations are:
i.
Interviewers must act ethically and professionally at all times.
There is an international consensus that investigative interviewing should
emphasize the search for truth and the collection of complete, accurate, and
reliable information.206 Above all, interviews should be non-accusatory.207
Unlike interrogations—characterized by confrontational and accusatory
questioning of suspects—interviews are simply conversations intended to
elicit information.208 Thus, interviewers have a particular obligation to act
ethically and professionally at all times. They should never resort to coercive
or deceitful interview techniques and they should treat interviewees with
respect and empathy.
ii.
Investigators should hone their communication skills.
As one expert from the International Foundation for Protection Officers
succinctly states: “The core of interviewing is communication.”209 Current
best practices in investigative interviewing, for example, favor the use of
open-ended over close-ended questions. Best practices also specifically emphasize the importance of non-verbal communication. Behavioral cues such
as posture, movement, and gestures can help a skilled investigator assess the
truthfulness of an interviewee.210
205 See generally, e.g., Brian Ord et al., Investigative Interviewing Explained (LexisNexis, 3rd ed. 2011) (providing a step-bystep practical reference book for best practices in investigative interviewing).
206 International Developments in Investigative Interviewing 2 (Tom Williamson, Becky Milne & Stephen P. Savage, eds.,
2009); accord Becky Milne & Martine Powell, Investigative Interviewing, in The Cambridge Handbook of Forensic Psychology 208
(Jennifer M. Brown & Elizabeth A. Campbell, eds., 2010) (noting that “the common objective of all investigative interviews is to
elicit the most accurate, complete and detailed account from the interviewee” [emphasis added]).
207
Hoffman, supra note 180, at 1.
208 For more on the difference between interviews and interrogations, see, e.g., Crenshaw, Cullen, & Williamson, supra note
177.
209
Hoffman, supra note 180, at 7.
210
See generally Haney & Roller, supra note 201, at 7.
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