Experienced Criminal Defence Lawyers

Nine Steps of Interrogation

An experienced homicide lawyer knows law enforcement techniques. The Reid Technique's nine steps of interrogation are: 

1. Positive confrontation. Advise the suspect that the evidence has led the police to the individual as a suspect. Offer the person an early opportunity to explain why the offence took place.

2. Shifting the blame. Try to shift the blame away from the suspect to some other person or set of circumstances that prompted the suspect to commit the crime. That is, develop themes containing reasons that will psychologically justify or excuse the crime. Themes may be developed or changed to find one to which the accused is most responsive.

3. Minimizing denials. Try to minimize the frequency of suspect denials.

4. Try to gain acknowledgement. At this point, the accused will often give a reason why he or she did not or could not commit the crime. Try to use this to move towards the acknowledgement of what they did.

5. Reinforce sincerity. This is to ensure that the suspect is receptive.

6. Offer alternative scenarios. The suspect will become quieter and listen. Move the theme of the discussion toward offering alternatives. If the suspect cries at this point, infer guilt.

7. Pose alternative questions. Pose the "alternative question", giving two choices for what happened; one more socially acceptable than the other. The suspect is expected to choose the easier option but whichever alternative the suspect chooses, guilt is admitted. There is always a third option which is to maintain that they did not commit the crime.

8. Try to achieve an admission of guilt. Lead the suspect to repeat the admission of guilt in front of witnesses and develop corroborating information to establish the validity of the confession.

9. Document everything you say and do. Document the suspect's admission or confession and have him or her prepare a recorded statement (audio, video or written).

Accusatory Interview Techniques

Police officers are trained in and employ the following techniques during the course of an accusatory interview. You cannot go up against the police without a homicide lawyer. Here are some examples of what will occur during an accusatory interview:

• Dissuade the accused from remaining silent.
• When the accused seeks to exercise their right to remain silent, tell the accused, “That's what all lawyers say and they are not in your situation.”
• When an accused says they want to remain silent, no matter how many times that sentiment is expressed by the accused, continue to question the accused.
• Advise the accused that the lawyer's advice will not make a difference.
• Interrupt the accused when they try to express that they have a right to remain silent so as to get their mind off of that issue.
• Keep talking as long as it takes to get the answers to questions.
• Suggest scenarios to the accused that fit with the police theory and when the accused disagrees with these scenarios continue to interrupt them.
• Talk over the accused when they disagree with what is being suggested.
• Engage in long monologues to try to control the direction of the interview and prevent the accused from thinking about not talking to the police.
• Continue the interview for lengthy periods of time to exhaust and confuse the accused.
• Point out inconsistencies in the accused's memory to cause them to question their memory.
• Confront the accused after speaking to them for a lengthy period of time.
• Bring strong evidence at the confrontation stage that conflicts with the accused's version of events.
• Play on the accused's emotions by talking about family and showing photographs of the victim so the accused will let their guard down.
• Cause the accused to feel that they are in a stressful situation by dragging the interview out for lengthy periods of time.
• Build a rapport with the accused by lengthy discussions of personal matters, such as family, so that the they are more trusting and forthcoming.
• Minimize culpability late in the interview by suggesting what has happened is not that serious.
• Offer explanations for the accused's actions that would indicate that they are not a monster.
• Put the blame on the victim.
• Once lower culpability has been agreed to, attempt to increase that to a greater level.
• Have the accused write a letter of apology at the end of the process when they have started talking.

Reliability – How the Police Could Get You to Falsely Confess 

The Reid Technique too easily produces false confessions, especially with juveniles, with second language speakers in their non-native language, and those whose communication/language abilities are affected by mental disabilities, including reduced intellectual capacities. This technique is very effective in producing confessions. The issue, however, is whether the confession is reliable. False confessions are a very real issue in the justice system. 

Be aware that police officers in Canada are allowed to lie to a suspect. 

The Reid Technique involves persuading the suspect that to confess is the best option, while minimizing the moral seriousness of the crime and the legal consequences.  In a 2012 case out of Alberta, a judge stated: 

“Stripped to its bare essentials, the Reid Technique is a guilt presumptive, confrontational, psychologically manipulative procedure whose purpose is to extract a confession.”

Defences to Murder

There are a number of defences to murder, including the following: 

Provocation
The offence of murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation. A wrongful act or insult must have been such a nature as to deprive an ordinary person of the power of self-control. Provocation is therefore not a complete defence to murder, rather, a partial defence. 

Intoxication
Like provocation, intoxication by drugs or alcohol is a partial defence to murder. It reduces murder to manslaughter. 

Self-Defence and Defence of Another Person
Self-defence and defence of another person are complete defences to murder. The individuals must respond reasonably and not excessively to the force that is being used against them or another person. These defences will result in a complete acquittal. It should be noted that “Battered Wife Syndrome” is a species of the defence of self-defence.