Interviews, Interrogation, and Statement Taking
What this domain tests
Getting reliable information without coercion, and capturing it in a form that survives challenge. Maine tests the difference between a voluntary interview and custodial interrogation, and the ethics of persuasion.
Interview
- Prepare: know the file, the timeline, and the specific facts you need.
- Cognitive interview first: free recall, then focused open questions, then closed confirmation. Never lead.
- Record where lawful; Maine's one-party consent rule covers interviews you conduct as a party. In multi-party settings, obtain consent or take notes.
- Close the statement in the witness's own words, read it back, have the witness correct and initial each change, then sign, date, and time it.
Interrogation
- Miranda applies to custodial interrogation by law enforcement. A private investigator has no Miranda duty, but coerced statements invite civil liability and can be excluded where state action exists.
- Prohibited: threats of arrest or deportation, promises of leniency, blocking the exit, physical contact, exploiting juveniles or vulnerable adults.
- Confrontation with evidence is permitted; fabrication of evidence is not.
Worked example
A corporate investigator interviews an employee suspected of theft. Reasoning: tell the employee the meeting is voluntary, that he may leave, and that he may decline to answer; keep the door unobstructed; record with consent. A signed statement obtained after a threat of criminal prosecution is worth little and exposes both investigator and employer.
Traps
- Promising "no police involvement" to obtain a statement.
- Paraphrasing quotes inside quotation marks.
- Interviewing a minor without a parent or guardian present.
Key points
- Voluntary status and freedom to leave must be explicit.
- No threats, promises, or physical obstruction.
- Cognitive interview: free recall before specifics.
- Statements are corrected and initialed by the witness.
- Juveniles and vulnerable adults require added safeguards.