CLICK here for info on new 5th edition of Criminal Interrogation and Confessions
  10/11/2017ALERT TO ALL PROSECUTORS AND LAW ENFORCEMENT OFFICALS!!!

UNITED STATES OF AMERICA

v. 
JORDAN MONROE, Defendant.

Cr. No. 16-055 WES

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

September 11, 2017

Preface

You should be aware of certain comments made by Chief Judge, William E. Smith, of the United States District Court for the District of Rhode Island in the above referenced case  regarding the Reid Technique in deciding the defendant's motion to suppress incriminating statements.  Among other things, the defendant, Jordan Monroe, claimed that the Reid Technique rendered his statements involuntary.  Judge Smith followed the established legal precedent in finding that the use of the Reid Technique did not violate the defendant's due process rights, and rejected the defendant's claim.  However, Judge Smith personally sided with the position taken by some criminal defense attorneys and a few law professors, who question the voluntariness of any incriminating statements made by a suspect while being questioned by law enforcement officers using the Reid Technique.


Click here for the opinion.

  09/12/2017The Reid interrogation technique successfully used in India

We have conducted several training programs in India.  This week our interview and interrogation techniques were used to successfully resolve a high profile case:

"Kochi: The Kerala police team probing the February 17 actress assault case used modern scientific methods to collect evidence. The case diary submitted in court to counter the accused-actor Dileep’s bail plea revealed the use of ‘stool pigeon’ and ‘Reid Method' techniques for the probe over a period of six months."

The article is entitled “‘Stool pigeon’ & ‘Reid Method’: how police employed scientific techniques to corner Suni"

Click here to access the story

  09/01/2017Sept/Oct Investigator Tip - The fundamental foundation of the Reid Technique of Interrogation: Empathy and Understanding

The Reid Technique consists of a three-phase process beginning with Fact Analysis, followed by the Behavior Analysis Interview (which is a non-accusatory interview designed to develop investigative and behavioral information), followed by, when appropriate, the Reid Nine Steps of Interrogation.  While all subjects in an investigation are interviewed, very few are interrogated. 

Once it is determined by the investigative information that the subject is involved in the commission of the crime, the interrogation begins by advising the subject of the investigation results.  The investigator then begins to develop what we refer to as a theme in which we offer the subject a “moral excuse” for the suspect’s commission of the offense or minimizing the moral implications of the conduct. 


Click here for the Investigator Tip.

  07/10/2017There are Good Interrogations and There are Bad Interrogations
The International Association of Directors of Law Enforcement Standards and Training published the following article , “There are Good Interrogations and There are Bad Interrogations” by Joseph P. Buckley, president of John E. Reid and Associates: 

Every day we read about law enforcement successfully solving criminal cases by a combination of talking to people; developing forensic evidence; interviewing and, when appropriate, interrogating suspects. In many cases, however, there is limited or no forensic evidence or witness testimony that implicates a specific person as the perpetrator so the investigators have to rely extensively on their interviewing skills to develop investigative information that can lead them to the offender.

Once the investigators make contact with the suspected offender, they will generally conduct a non-accusatory fact finding interview to develop investigative information, such as his activities at the time of the crime; his alibi; his relationship to the victim; his knowledge of the crime scene, etc. If the information developed during this interview and the subsequent investigation indicate the subject’s likely involvement in the commission of the crime, the investigators will initiate an interrogation. 
A good interrogation is characterized by the following elements:

Click here for the full article

  07/03/2017July - August 2017 Investigator Tip Cognitive Interviewing
Cognitive interviewing is a memory retrieval procedure designed to enhance recall when interviewing a victim or witness.  Unlike hypnosis, which involves placing the subject in an altered state of consciousness, cognitive interviewing relies on retrieving memories that are stored in different areas of the brain by cognitively stimulating various neural pathways.  This phenomenon is familiar to all of us.  A certain song, smell or taste may remind us of a memory long since forgotten.  On the drive home from an unfamiliar location, seeing one familiar object oftentimes stimulates recall of upcoming buildings, intersections or landscapes that would not otherwise be remembered.


Click here for the complete article.

  06/21/2017Four Reid Training Programs awarded National Certification
The International Association of Directors of Law Enforcement has establish a rigorous evaluation process for the review and certification of law enforcement training programs.  John E. Reid and Associates has successfully achieved National Certification for these courses:





Major County Sheriffs’ Association Endorses IADLEST NCP

“As an association dedicated to the continuing education of our members, we are very happy to embrace a new, and very high standard, for law enforcement training. The NCP seal will make it easier to select training programs that we know have been critically examined in order to meet the threshold required for NCP endorsement.”

Sheriff Sandra Hutchens
President, Major County Sheriffs’ Association


  06/07/2017'Fake facts, deceptive editing and omission of key evidence.' Making a Murderer prosecutor Ken Kratz breaks his silence about never-before-revealed proof that Steven Avery IS guilty and accuses the producers of duping viewers
A story by the DailyMail.com this week published extensive excerpts form their interview with the prosecutor, Ken Kratz, regarding his new book.  
"The producers of hit documentary Making a Murderer duped millions of viewers into wrongly believing convicted killer Steven Avery is innocent by fabricating facts, omitting key evidence and using deceptive editing practices to misrepresent even courtroom testimony, according to a bombshell new book.
Using evidence never before revealed, maligned chief prosecutor Ken Kratz attempts to 'set the record straight' in the controversial case by proving Avery is guilty of the violent 2005 murder of Teresa Halbach.”


Click here for the complete article.

  06/05/2017“There’s a lot of gold in the Reid interrogation manual and on reid.com and we really really encourage you guys to go up there and cite that material.”

Defense attorneys were encouraged to use the information on our website (www.reid.com) and our book, Criminal Interrogation and Confessions (5th ed. 2013) as a reference for proper police practices that should be followed when interrogating a suspect.

In July 2014, at the National Association of Criminal Defense Attorneys conference, there was a presentation entitled, “ Theories and Advocacy Strategies in False Confession Cases.”  The presenters were Steve Drizin, Center on Wrongful Convictions, Chicago, IL; Laura Nirider, Center on Wrongful Convictions of Youth, Chicago, IL.

Here is a transcript of Laura’s comments regarding the value of the information on our website and in our book for attorneys to review in preparing their briefs to point out best practices.

“Other things we cite when we are writing this stuff up legally, ah, this is beautiful right, we love as Steve says finding law enforcement sources to support our positions.  John E. Reid and Associates, the marketers of The Reid Technique of Interrogation have a great website, reid.com, I encourage you all to go there, there’s a lot of great material on there, there’s actually, and in their book as well, this is from their book their interrogation manual:

 “The interrogator must avoid any expressed or intentionally implied statement to the effect that because of the minimized seriousness of the offense, the suspect is to receive a lighter punishment.”

Basically don’t tell them that if you confess you’re gonna, things are going to go better for you.  This is wonderful.  We cite this in all of our briefs.  This is like law enforcement best practices, don't’ promise leniency in any way, right.

Ah, this one is great….it’s a little like… this is ah again from the Reid interrogation manual:

“Consider an innocent rape suspect who is falsely told that DNA evidence positively identifies him as the rapist.” 

Of course Reid says:

“Will this false statement cause an innocent person to suddenly confess?  Of course not. However, (says Reid) consider t he false statements were then used to convince the suspect that he would be found guilty of the crime and sentenced to prison.” 

Well we saw that in Robert Davis, didn’t we?

“Further suppose the investigator tells the suspect that if he cooperates by confessing he will be afforded leniency.”

Again we saw that in Robert Davis.

“ Under these conditions, (says Reid) it becomes much more plausible that an innocent person may decide to confess not because, solely because,  fictitious evidence was presented but because that evidence was used to augment an improper interrogation technique.”

The threat.  Beautiful.  Cite it everywhere.  Don’t combine lies and threats, that’s what Reid says.  That’s what police officers should be doing.  I use it whenever I have an interrogation where the police officer did just that.

And they go on and on and on.  Most of these are from the book as well:

“Don’t use deception with youthful suspects or individuals with low social maturity.”

“Don’t use an accident theme to get the person to sort of admit to  accidentally having done the crime.”

“Use extreme care when questioning juveniles.”

“If the suspect agrees to take a polygraph as soon as possible”

You saw that with Robert Davis remember in the first clip he said please bring up the polygraph I’ll take it I’ll show you I’m innocent to Reid that’s a huge indicator of innocence.  That’s important to Reid. And that’s something that should be embraced as well.

And of course t hey say:

“Don’t try to persuade a suspect that they committed a crime and just don’t remember it.”

There’s a lot of gold is the point of all this.  There’s a lot of gold in the Reid interrogation manual and on reid.com and we really really encourage you guys to go up there and cite that material.  Same thing on contamination.  This is something that law enforcement and defense attorneys should be able to agree upon it is just a bad practice for the officers to tell the suspect how the crime happened during the interrogation.  Right? As the people from the video said the interrogator from the Robert Davis video said, it defeats the purpose of…. and John E. Reid has some great quotes on that that we put into our brief as well.  It is imperative they say not to disclose information about a crime during the interrogation.  It is imperative that that information comes out of the suspect’s mouth, otherwise any statement you get loses evidentiary value.

There’s, and again I think I already talked about this I won’t mention it again there is law enforcement recognition from John E. Reid and Associates that juveniles are more vulnerable during interrogation.  And there is a beautiful publication, a beautiful publication from the I nternational Association of Chiefs of Police called “Reducing Risk: An Executive Guide to Juvenile Interviews and Interrogations” and it is everything that a defense attorney would ask for in terms of a law enforcement statement of best practices  on how to question a juvenile….. 

The IACP document that Laura references can be found on this page at the entry dated 01/16/2016.



  06/04/2017The Juvenile Law Center, Wicklander-Zulawski and Professor Garrett refer to Reid as the “leading law enforcement training firm” and quote from the Reid book to reference proper juvenile interrogation techniques
In the case Brendan Dassey v. Michael Dittman, the Juvenile Law Center, Wicklander-Zulawski & Associates and Professor Brandon L. Garrett filed an Amici Curiae Brief in support of Appellee, filed in
December 2016. In their brief the state the following:

Reid & Associates, Inc., developer of the Reid technique of interrogation and leading law enforcement training firm, also instructs law enforcement officers to

Take special precautions when interviewing juveniles or individuals with significant mental or psychological impairments[sic]  Every interrogator must exercise extreme caution and care when interviewing or interrogating a juvenile or a person who is mentally or psychologically impaired. Certainly these individuals can and do commit very serious crimes, but since many false confession cases involve juveniles and/or individuals with some significant mental or psychological disabilities, extreme care must be exercised when questioning these individuals and the investigator has to modify their approach with these individuals. Furthermore, when a juvenile or person who is mentally or psychologically impaired confesses, the investigator should exercise extreme diligence in establishing the accuracy of such a statement through subsequent corroboration. In these situations it is imperative that the interrogator does not reveal details of the crime so that they can use the disclosure of such information by the suspect as verification of the confession's authenticity.

Further on they reference “Fred E. Inbau, John E. Reid, Joseph P. Buckley & Brian C. Jayne, CRIMINAL INTERROGATIONS AND CONFESSIONS 352 (JONES AND BARTLETT, 5THED. 2013) (hereinafter Inbau, Reid, et. al) (The use of fictitious evidence “should be avoided when interrogating a suspect with low social maturity or a diminished mental capacity” because “these suspects may not have the fortitude or the confidence to challenge such evidence . . . and may become confused as to their own possible involvement, if the police tell them evidence clearly indicates they committed the crime.”).”

They also state, “Reid and Associates specifically instructs its interrogators to avoid interrogations centered on “helping” the suspect because some courthave interpreted such statements as implied promises of leniency, ....... Inbau, Reid, et. Al, supra, at 331.



  06/01/2017Legal Updates Spring 2017

The Legal Updates Spring 2017 column contains cases which address the following issues:

  • Promise suspect would not be put on the sex offenders’ list rendered his confession involuntary
  • The statement “You can say the truth, explain what happened and they can work with you when the time comes to go see a judge. It will be less charges.” was not a promise of leniency
  • Promise of leniency coupled with threat to defendant’s wife resulted in a coerced confession
  • The statement, “I feel like I should have an attorney” was not an unequivocal request for an attorney 
  • Court finds investigators’ behavior “shocking to the conscience” 
  • Ten hour questioning period was not coercive
  • Court upholds rejection of false confession expert as not relevant; also that second advisement of rights not necessary after a 6 hour gap between questioning
  • The results of psychological tests (Gudjonsson Suggestibility Scale) do not square with reality
  • Court rejects testimony of false confession expert Dr. Richard Leo as “faux science” 
  • A suspect does not have to be aware of all the crimes he will be questioned about to make a valid rights waiver
  • Court finds confession was coerced and involuntary
  • The statement “I don't know, just, I'm done talking. I don't have nothing to talk about” was an unequivocal invocation of the right to remain silent

Click here for updates

  05/18/2017The Development of the Non-Confrontational Interview

John E. Reid and his colleague, Northwestern Professor of Law Fred E. Inbau, developed the non-confrontational interview as an integral part of any questioning of a suspect.

The following excerpts are from the second edition of their book, Criminal Interrogation and Confessions, published in 1967 (the first edition was published in 1962 but was revised after the US Supreme Court’s 1966 decision, Miranda v. Arizona).

When discussing how to approach and question a subject regarding possible involvement in the commission of the crime under investigation, the authors recommend that the investigator “assume a neutral position and refrain from making any statement or implications one way or the other until the subject discloses some information or indications pointing either to his innocence or his guilt.”

In conducting this non-confrontational interview the authors state, “The subject must be questioned and engaged in conversation in order to permit the [investigator] to study his behavior and conduct, to search for significant remarks or contradictions in his statements, and to check his statements in the light of known facts and circumstances.”

Reid and Inbau suggest that the following questions should be part of this interview:

  • Ask the subject if he knows why he is being questioned
  • Ask the subject to relate all he knows about the occurrence, the victim, and possible suspects
  • Obtain from the subject detailed information about his activities before, at the time of, and after the occurrence in question
  • Ask the subject if he ever thought about committing the offense in question or one similar to it
  • Ask the subject whether he is willing to take a lie-detector test

These guidelines and questions developed into what is today an integral part of the Reid Technique - the Behavior Analysis Interview.

In all investigations we teach to conduct a non-accusatory, non-confrontational Behavior Analysis Interview with each subject to determine whether or not an interrogation is appropriate.



  05/10/2017Reid announces collaboration with iRecord

John E. Reid & Associates has always advocated for the proper treatment of all suspects during an investigation. We teach that every suspect needs to be treated in a respectful and lawful manner.

One of the tenants of THE REID TECHNIQUE® is that an investigator should never make any promise of leniency or in any way threaten a suspect to obtain an admission of guilt. Any admission that is obtained needs to be properly substantiated. 

An important way to document that a suspect interview and interrogation is conducted properly is by recording the process. To help promote this, Reid is pleased to announce our collaboration with the iRecord Company.

IRecord is the premier provider of recording software and video equipment for Law Enforcement Agencies and Child Advocacy Centers. They provide secure, high quality recording solutions that can be adapted to interview rooms of all types.

Our goal in working with iRecord is to encourage the recording of suspect interviews and interrogations and to provide investigators the skills necessary to conduct effective, lawful interrogations.

Reid invites any agency that installs an iRecord system to send one of their investigators through our 4-Day Interview and Interrogation seminar for free. We will also allow any agency that currently uses an iRecord system to send someone through our training for free.

To obtain additional information about the iRecord Company and their services you can go to their website at iRecord.tv. You can also receive further details about our collaborative free seat policy by contacting Toni Overman.


toverman@reid.com

  04/11/2017The Reid Technique - Celebrating 70 Years of Excellence
Founded in 1947, the Reid Technique has become the gold standard for proper interview and interrogation procedures.

Our Core Principles are as follows:
  • Always conduct interviews and interrogations in accordance with the guidelines established by the courts
  • Do not make any promises of leniency
  • Do not threaten the subject with any physical harm or inevitable consequences
  • Do not deny the subject any of their rights
  • Do not deny the subject the opportunity to satisfy their physical needs
  • Always treat the subject with dignity and respect

Click here for full story.

  04/09/2017REID'S RESPONSE TO W-Z's MARCH 6, 2017 PRESS RELEASE

REID'S RESPONSE TO W-Z's

MARCH 6, 2017 PRESS RELEASE 

We are responding to Wicklander-Zulawski & Associates' (W-Z) recent public announcement that it will no longer be offering the Reid Method in its law enforcement training program.  After teaching the Reid Method for the past 33 years under a license agreement with John E. Reid & Associates, W-Z is now attempting to discredit the Reid Method as having “fallen under scrutiny due to its potential risk for eliciting false confessions,” a false narrative often advanced by defense attorneys.

Over the past 50 years, several hundred thousand law enforcement officers have taken our course.  It is regarded by the law enforcement community as the gold standard in interviewing and interrogating suspects in criminal investigations.  Using the Reid technique does not result in false confessions.  Just the opposite is true.  False confessions result when suspects in criminal investigations are interrogated using methods which we specifically advise NOT TO USE. 

Click here for our complete response


UPDATE: 21 MARCH 2017

Calibre Press article by Owner Jim Glennon re the WZ Press Release


Does Reid & Associates teach officers a confrontational method of interviewing and interrogating that results in false confessions? I ask that question because recently they were basically accused of that. Or rather-the method they teach was accused of that.

So does their method result in false confessions? Not at all.

First it's important to address this at the outset: I have absolutely no relationship whatsoever with Reid & Associates, who I believe to have the premier interview and interrogation training program in the country. I have, however, been to more than a half a dozen classes, seminars and lectures conducted by them over my 30-year career.

Click here for complete article



  03/14/2017The International Encyclopedia of Interprersonal Communication includes an excellent article entitled, Interrogation.
The International Encyclopedia of Interpersonal Communication, First Edition, edited by Charles R. Berger and Michael E. Roloff (2016) includes an excellent article on current interrogation methodology by Stanley M. Slowik, president o Stanley M. Slowik, Inc.  Here is the article’s Abstract:
Interrogation is the art of persuading a guilty person to tell the truth.  Discussion includes interrogation behaviors that distinguish truth and deception, differences between interviews and interrogations, admissions and confessions, false expectations and false promises of leniency.  Interrogation methodologies are examined within the context of legality and effectiveness. 

Click here to access the article.

  03/01/2017Legal Updates Winter 2017

The Legal Updates Winter 2017 column contains cases which address the following issues:

  • Defendant claims his confession was involuntary because “his restrictive childhood conditioned him to acquiesce to male authority figures”
  • The use of deception with a 16-year-old defendant does not render the confession inadmissible
  • Value of video recording to refute defendant’s claims that he was interrogated for 7 hours and that the police refused to give him his medication
  • 15-year-old did not make a knowing and intelligent waiver of her rights
  • Video recording of custodial police interrogation was admitted into evidence even though the defendant did not make any incriminating statements
  • Confession from a 9-hour interrogation found to be voluntary 
  • Anatomy of a false confession
  • Defendant was entitled to Miranda warnings before immigration officers interrogated him on the side of the highway
  • Court allows admissibility of video taped interrogation in which the investigator indicates her belief that defendant was lying and that the victims were telling the truth
  • Value of recording interrogation to disprove defendant’s claims
  • Court allows detective to testify as an expert witness to body language and other indicators of untruthfulness during police interviews
  • “police are free ‘to capitalize on a defendant's sense of shame or reluctance to involve his family in a pending investigation’ absent circumstances which create a substantial risk that [he or she] might falsely incriminate himself [or herself]” 
  • Court finds testimony of false confession expert Richard Ofshe to be “heavily biased and based on unsupported hypothetical scenarios”
  • Court reject’s defendant’s claim that his diminished social and mental capacity invalidated his waiver of rights

Click here for updates

  01/25/2017How the Courts View the Reid Technique

As we move into 2017 we will be celebrating 70 years of excellence.  John E. Reid founded the company in 1947.  Over the last seven decades the Reid Technique of Interviewing and Interrogation has become the gold standard of the industry.

In July 2014, at the National Association of Criminal Defense Attorneys conference there was a presentation entitled, “Theories and Advocacy Strategies in False Confession Cases.”  The presenters were Steve Drizin, Center on Wrongful Convictions, Chicago, IL; Laura Nirider, Center on Wrongful Convictions of Youth, Chicago, IL.  In their presentation they stated that Reid is the gold standard on proper procedures, and that they regularly review reid.com and our materials to establish best practices and to point out what other investigators did that was improper.  They specifically reference our cautions re the questioning of juveniles.

We have prepared a PDF document and a Power Point program detailing the Core Principles of the Reid Technique and how the courts view the Reid Technique.  Here is the content of the material:

-  Core Principles of the Reid Technique                                                           

-  What is the Reid Technique?                                                                          

-  How the Courts View Minimization                                                              

-  How the Courts View Misrepresenting Evidence to the Suspect                  

-  How the Courts View Being Friendly and Empathetic with the Suspect      

-  How the Courts View the Alternative Question                                            

-  Several Courts have Admonished Investigators for Not Following Reid Guidelines

-  Federal Court - No Basis for the Claim that the Reid Technique is coercive

-  False Confession Expert Testimony About the “Coercive” Nature of the Reid Technique is Rejected 

-  Reid as the Gold Standard 

Click here for the Power Point program

Click here for the pdf

How Courts View the Reid Technique Dec 2016.pdf



  01/16/2017States that require electronic recording of interrogations

Attorney Thomas Sullivan has done extensive work on promoting the value of electronically recording interrogations and he has extensively surveyed police departments around the country to determine the extent of recording interrogations.  Attorney Sullivan has provided a list of 23 states and the District of Columbia that require that interrogations be electronically recorded. 

Click Here

Attorney Sullivan has also provided a Model Recording Act adopted by the National Conference of Commissioners on Uniform State Laws.  


Click here for Model Recording Act

  01/16/2017Recording Juvenile Interrogations in Illinois

Click below for a  copy of the legislation that modifies The Juvenile Court Act of 1987, expanding the requirement to electronically recored juvenile interrogations in Illinois.

 
Also, here is a link to the Chicago Police Department  Special Order regarding the electronic recording of interrogations of juveniles under 18 years of age:  

Click here for Copy of Legislation

  01/06/2017Excellent example of how false confession experts misrepresent what we teach in the Reid Technique

In State v. Tapke  the Court of Appeals of Ohio upheld the defendant's confession which was obtained by an officer who was trained in The Reid Technique. Dr. Richard Ofshe testified about false confessions and attempted to describe The Reid Technique. The jury subsequently rejected his testimony and "chose not to discredit it [the confession]."

It is interesting to note that in his testimony Dr. Ofshe testified that as part of The Reid Technique interrogators are taught the following:

"So what police have learned to do is to communicate the message through a series of suggestions… the idea being to communicate the understanding that there’s a deal on the table, but without ever explicitly saying here’s the deal.” He used the example of a person accused of GSI. He testified that the police would say something like this to a suspect: "[Y]ou're not a sexual predator; you're someone who needs treatment. What would you rather do, go to prison as a sex offender, or get some therapy in treatment."

It is interesting to note that the exact opposite is the case - we teach not to make any statements that refer to punishment, threats or promises of leniency and in our training seminars we highlight the case, Commonwealth v. DiGiambattista, in which the Massachusetts Supreme Court indicated that "what seemed to disturb the Court the most was the apparent reference to counseling which they felt "implicitly suggested to him that "counseling" would be an appropriate avenue for him to pursue after making a confession." In other words, if he confessed he would get counseling instead of jail." This is exactly what we teach not to do


Click here for the complete decision

  01/01/2017January/February 2017 Investigator Tip: Ten

Physical coercion, torture, duress, denial of rights, threats, and promises of leniency are the poison pills of legally admissible, reliable, and voluntary confessions.  Obviously we should not engage in such behaviors or any tactics that could render a confession involuntary.  This article is intended to assist the professional investigator by outlining statements and techniques that should be avoided so as to insure the integrity of the subject’s confession.


Click Here

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