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. 76

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