Legal Issues With Security Interviews, Essay Example

The purpose of a security interview is to obtain information from a witness or potential suspect to a crime.  While interviews are distinctly different and less intimidating than interrogations, there are certain rule that must be followed.  These rules not only ensure the comfort of the interviewee, but also can protect the interviewer from any potential legal ramifications.

When interviewees feel that they are being respected, not only are they more likely to disclose vital information, but they are less likely to create legal problems. To make sure that the interviewee is as comfortable as possible, minimize physical contact to appropriate handshakes. While the avoidance of physical intimidation is an obvious, even gently touching an interviewee can be misconstrued as inappropriate behavior.  After introductions have been made, interviews may begin to build a rapport by asking simple questions to obtain background information.  These questions are mundane and include asking the interviewee’s name, address, phone number, job title, and the length of time they have been in their position, as well as what their duties are. Once rapport has been established, interviewer can then ask more targeted questions.  If illegal behavior has been suspected, then the interview should not take place until the interviewee’s attorney has been consulted.  Interviewers should refrain from injecting personal opinions during the interview and after when writing up the report.  Interviewers should remain objective and not from passing judgement if a confession occurs.

Interviews should occur in a public place, in normal business locations, during normal business hours.  Private cars, hotel rooms, and bars should be avoided. Not only are these places unprofessional, but the interviewer may be in jeopardy of potential legal ramifications. There should be no alcohol, drugs, or other illegal behaviors conducted during the interview.  The AICPA states that while it is perfectly fine to conduct an interview in a hotel lobby, it is off-limits to conduct an interview in a private room.

Interviewers can minimize the risk of legal ramifications by being professional and engaging in basic common courtesy.  By ensuring that the interviewee feels safe and respected, more information may be divulged.  Lack of legal troubles helps to ensure that the interviewers can solve the crime faster and with less hassle.

References

AICPA: Forensic and Valuation Services Section. (n.d.). Conducting effective interviews. http://www.aicpa.org/InterestAreas/ForensicAndValuation/Resources/PractAidsGuidance/DownloadableDocuments/10834-378_interview%20whiite%20paper-FINAL-v1.pdf