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October 2003

Volume 72
Number 10
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Robert S. Mueller III


Director
Contributors’ opinions and statements Features
should not be considered an
endorsement by the FBI for any policy,
program, or service.

The attorney general has determined Strategies to Avoid Sometimes, investigators can impede
that the publication of this periodical is
necessary in the transaction of the
public business required by law. Use
Interview Contamination 1 or negatively influence the interview
process and hinder their quest for the
of funds for printing this periodical has By Vincent A. Sandoval truth.
been approved by the director of the
Office of Management and Budget.
Canines and Canine units can enhance law
The FBI Law Enforcement Bulletin
(ISSN-0014-5688) is published
monthly by the Federal Bureau of
Community Policing 14 enforcement efforts in all communities,
even on college campuses.
Investigation, 935 Pennsylvania
By Charlie Mesloh
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid Negotiation Position Papers (NPPs) can
Negotiation Position Papers
at Washington, D.C., and additional
mailing offices. Postmaster: Send
address changes to Editor, FBI Law
By Vincent A. Dalfonzo 27 serve as important communication tools
during hostage or barricade incidents.
Enforcement Bulletin, FBI Academy, and Stephen J. Romano
Madison Building, Room 209,
Quantico, VA 22135.

Editor
John E. Ott
Associate Editors Departments
Cynthia L. Lewis
David W. MacWha
Bunny S. Morris
Art Director 13 Bulletin Reports 19 Book Review
Denise Bennett Smith Juvenile Justice Deadly Force
Assistant Art Director Weapons
Stephanie L. Lowe
20 Perspective
Staff Assistant
Linda W. Szumilo
A Study in Survival

This publication is produced by


members of the Law Enforcement
Communication Unit, Training Division.

Internet Address
leb@fbiacademy.edu

Cover Photo
© Charlie Mesloh

Send article submissions to Editor,


FBI Law Enforcement Bulletin, FBI
Academy, Madison Building, Room
209, Quantico, VA 22135.

ISSN 0014-5688 USPS 383-310


Strategies to Avoid
Interview Contamination
By VINCENT A. SANDOVAL, M.A.
© Mark C. Ide

T
he unmarked sedan car- the men, and, in a demanding Hudson last night, weren’t you?”
rying Detectives Barnes voice, Detective Barnes bellows, Johnson begins to deny knowing
and Bailey screeches to a “Are you James Johnson?” anything about Hudson’s activi-
stop in front of a construction Caught by surprise but not to be ties the night before when he
site, catching the workers in hard outdone, Johnson inflates his is interrupted abruptly by the
hats by surprise. The drone of chest and retorts in an equally scowling Detective Barnes who
city traffic, honking horns, and a gruff voice, “Who wants to barks, “If you don’t come clean,
vibrating jack hammer perme- know?” Ignoring the other con- you’re going downtown with
ates the background. Slamming struction workers and the gather- us. Now what’s it gonna be?”
their doors as they exit the sedan, ing crowd of curious onlookers, Johnson defiantly crosses his
the two detectives investigating Detective Bailey crosses his arms, looks Detective Barnes in
the disappearance of Donna arms and spits, “We’re the po- the eye, and replies, “Well, I
Hudson converge upon one of lice. And, you were with Donna guess we’re going downtown,

October 2003 / 1

An early study on inter-
viewing found that the single
The objective of most important determinant of
any interview should whether a criminal case would
be to acquire accurate be resolved satisfactorily was the
and complete information gained from the in-
information without terview of a witness, victim, or
contaminating the suspect in a crime.5 Despite ad-
interview process. vances in forensic science, expe-
rienced interviewers recognize

Special Agent Sandoval is an instructor in the Law


Enforcement Communication Unit at the FBI Academy. ” that this principle still holds
true.6 The objective of any inter-
view should be to acquire accu-
rate and complete information
without contaminating the inter-
view process. Yet, any number
aren’t we?” Within moments, information. Contamination can of factors can contaminate the
the detectives usher Johnson into hinder subjects from fully dis- interview. For example, the en-
the back seat of the unmarked closing what they know and, as a vironment where the interview is
sedan, which rushes off leaving result, handicap investigators conducted, to include the num-
the growing crowd of curious on- in their search for the truth. ber of interviewers, can influ-
lookers perplexed at what they The concept of contamination, ence the subject adversely. In ad-
have just witnessed. however, is not unique to law dition, the interviewers’ own
This scene plays out each enforcement, but also touches nonverbal behaviors, including
week on television police dra- other arenas, such as the world of the way they address subjects
mas. Although effective at help- professional psychotherapy and and how they deliver their ques-
ing resolve major crimes in an counseling. In an effort to arrive tions, can result in incomplete or
hour or less, the interviewing at the truth regarding allega- inaccurate information. Also, re-
strategy modeled in these fic- tions of possible sexual abuse, search has suggested that another
tional portrayals rarely produces one of the dangers therapists face source of contamination during
the same results in the real when counseling alleged victims an interview involves the spe-
world. To the contrary, the tele- involves distorting their memo- cific questions interviewers ask
vision scenario serves to illus- ries, thereby causing them to subjects.7 Despite the fact that
trate how readily an interviewer recount events that may not be the amount of information ob-
inadvertently can contaminate accurate.3 “Therapists can unin- tained during the interview often
the fact-finding process, hence tentionally plant suggestions that will be in direct proportion to
producing less than the desired lead to the creation of false the kinds and the quality of
results.1 memories of abuse. Memories questions asked, in reality, many
Contamination occurs when can be distorted, even created, by investigators give little thought
investigators impede or nega- the tone of voice, phrasing of a to the questions they ask at
tively influence the interview question, subtle nonverbal sig- different stages in the interview.
process, thereby causing the nals, expressions of boredom, However, by considering the
subject2 to provide inaccurate impatience.”4 factors that can contribute to

2 / FBI Law Enforcement Bulletin


contamination as they develop interview and Johnson’s willing- Prior to arriving at the con-
their interviewing strategy, in- ness to cooperate and provide struction site in search of James
vestigators can minimize these them with information about Johnson, Detectives Barnes and
effects and maximize the pros- the disappearance of Donna Bailey would have been better
pects of conducting a successful Hudson. Interviewing a subject served by considering the
interview. on a noisy and busy city street importance of the interview en-
Depending on the subject of with multiple onlookers is vironment. They would have en-
the interview and the circum- fraught with danger. An investi- hanced their prospects of enlist-
stances surrounding it, an inves- gator must be wary of pre- ing Johnson’s cooperation into
tigator’s strategy, on occasion, maturely interpreting a subject’s the disappearance of Donna
can become very involved. On behavior as disinterested, un- Hudson if they had chosen to
the other hand, extensive inter- willing to cooperate, or even de- conduct their interview some-
view preparation is a luxury that ceptive when conducting the where other than the construc-
busy investigators rarely can af- tion site. It could have taken
ford. While the interviewing place at their department, at


techniques used by Detectives Johnson’s residence, or even at a
Barnes and Bailey illustrate how neutral location. By recognizing
readily an interview can become Interviewing a the danger inherent in asking
contaminated, they also serve to subject on a noisy Johnson any questions at his
introduce an interviewing strat- and busy city street place of employment while sur-
egy focused on three critical with multiple rounded by his peers and curious
dimensions—the interview en- onlookers is fraught onlookers, the detectives would
vironment, the interviewer’s be- with danger. have avoided the risks of misin-
havior, and the questions posed terpreting Johnson’s responses


by the interviewer—that could and behavior and prematurely
have improved the detectives’ concluding that he was hiding
chances of learning the truth information about Donna
about the disappearance of interview in an environment that Hudson—a crucial mistake diffi-
Donna Hudson. contains distractions or contami- cult to repair. In reality, Johnson
nants. For example, if a subject may have reacted to nothing
FOCUS ON INTERVIEW breaks eye contact after an inter- more than their haughty ap-
ENVIRONMENT viewer asks a question, the inter- proach and to the fact that they
viewer may prematurely con- confronted him in the presence
Interview Location clude that the subject is being of his coworkers on a busy and
In the police television deceptive. Instead, the subject noisy city street.
drama cited in the opening merely could be distracted by
scenario, a number of factors a passing vehicle or someone Number of Interviewers
contributed to a less-than-suc- casually walking by.8 Selecting Popular television shows can
cessful interview. The back- a quiet place free of distractions9 lead the public to believe that
ground noises and curious on- and without any physical bar- multiple investigators normally
lookers only served to detract riers between the interviewer and interview a victim or even a sus-
from Detectives Barnes and the subject of the interview is pect. Viewers often see two or
Bailey’s abilities to conduct the critical.10 more investigators asking the

October 2003 / 3
subject of a television police in- other filling in any gaps in the suspect the person of concealing
terview a barrage of questions. gathering of information that information or having commit-
However, common sense and ex- may become apparent as the in- ted a crime.13 However, investi-
perience have shown that people terview progresses. In addition, gators also should realize that the
tend to talk about what they by ensuring that no physical subject of the interview is ob-
know, including confessing their barriers, such as a desk or even serving them as well and that
deepest secrets and crimes, when an object as seemingly insignifi- through their own body lan-
in the company of one or, at the cant as a drinking glass or an guage they can either encourage
most, two investigators. The late, ashtray, stood between them- or discourage the subject from
renowned polygraph examiner selves and Johnson, Detectives providing information. People
John Reid underscored this obvi- communicate volumes through
ous, yet often overlooked, prin- their own nonverbal behavior.14


ciple. He recommended that only Investigators should heed the ad-
one investigator should be vice imbedded in the observation
present in the room when con- Experienced that “...the interview is a process
ducting an interview and interro- investigators recognize in which interviewee and inter-
gation of a suspect and also said, the strategic viewer exert mutual influence on
“The principle psychological importance of using the results of the interview.”15
factor contributing to success...is their voices to Body language supplements
privacy.”11 gather information what a person says verbally with
As part of their interviewing dozens of messages, such as
strategy, Detectives Barnes and
and elicit confessions. small gestures, eye movements,
Bailey should have decided be- changes in posture, and facial


forehand the benefits of having expressions.16 In the opening
one, versus both, of them present scenario, the detectives’ body
during the interview of James Barnes and Baily then would language sent James Johnson a
Johnson. If they had chosen to have been in a better position to very clear message. By crossing
conduct the interview as a team, not only observe Johnson’s en- their arms, staring, scowling,
then one of them should have tire body but to maintain the psy- raising their eyebrows, and a
taken the initiative and become chological advantage by not al- host of other nonverbal behav-
the “lead interviewer,” making lowing a barrier for him to iors, they placed Johnson on the
the necessary introductions, “hide” behind.12 defensive and truncated the pros-
building rapport, and asking pect of gaining his cooperation.
Johnson the majority of the ques- FOCUS ON Detectives Barnes and
tions. The second detective then INTERVIEWER’S Bailey could have gained the
could have focused his attention BEHAVIOR psychological advantage by un-
on taking thorough interview derstanding the role that the
notes or on assessing Johnson’s Nonverbal Behavior interviewer’s nonverbal behav-
verbal and nonverbal behavior. Experienced investigators ior plays in the interview and
Experienced interviewers who are acutely aware of the impor- then taking deliberate steps to
work in pairs often “work off of tance of observing the nonverbal ensure that their body language
each other,” with one taking the behavior of the subject of the in- encouraged Johnson to talk.
lead in asking questions and the terview, especially when they They could have employed such

4 / FBI Law Enforcement Bulletin


appropriate nonverbal commu- the words that they use or the during the interview. The natural
nication as maintaining an open content of their speech. How- tendency for someone who be-
posture without crossing their ever, interviewers also should comes nervous is to speak faster
arms; being frontally aligned and pay careful attention to the man- and louder. Similar to fledgling
facing Johnson, as opposed to ner in which they speak to sub- public speakers who consciously
being canted away from him; jects and the way that they pose and deliberately try to slow down
leaning forward to show interest their questions. their rate of speech, interviewers
in what he said; and acknowl- Experienced investigators can transform the dynamic of the
edging what he said by main- recognize the strategic impor- interview by intentionally ma-
taining consistent eye contact, tance of using their voices to nipulating their voices. “Some
physically nodding their heads gather information and elicit investigators may find it difficult
to encourage him to con- to master the art of speaking
tinue speaking, and, above softly at first because they
all, not interrupting him are not used to playing their
when he spoke.17 professional roles as soft-
spoken figures...but mini-
Verbal Behavior mal practice combined with
or Paralanguage concentration and self-
Psychologists have long monitoring should promote
recognized the importance better interview habits.”21
that the interviewer’s voice The loud volume and
plays in the interview.18 An abrasive tone of Detectives
interviewer’s voice can af- Barnes and Bailey’s voices
fect the outcome of the in- did nothing to create a
terview, especially during the in- confessions. In fact, a seasoned mood that encouraged Johnson
formation-gathering stage. If the polygraph examiner maintains to cooperate. The detectives
investigator speaks in a loud that one of the most important failed to consider that through
voice or even stresses one word qualities that interviewers and the quality of their voices they
over another, it will act like any interrogators can possess is their placed Johnson on the defensive
other source of distraction or ability to use their voices to and, thus, discouraged him from
contamination and will deflect project sincerity to the subject.20 providing the information they
the subject’s concentration. Drawing upon years of experi- sought. Research has shown that
Detectives Barnes and ence in conducting interviews the pitch of a person’s voice con-
Bailey immediately placed and interrogations, this examiner stitutes the best vocal indicator
James Johnson on the defen- has concluded that to project of emotion.22 Approximately 70
sive with their abrasive, demand- sincerity, investigators should percent of individuals studied
ing, and demeaning style. Inves- consciously and deliberately experienced higher pitch in their
tigators inadvertently can con- slow down their rate of speech voices when they became angry
taminate an interview through and speak very softly. This abil- or afraid. 23 Had Detectives
their paralanguage (i.e., the man- ity, while unnatural for many, Barnes and Bailey monitored the
ner in which they say what they is complicated by the fact pitch of their voices and spoken
say).19 Most interviewers readily that investigators themselves slowly, softly, and deliberately,
recognize the importance of may become nervous or excited they would have fostered an

October 2003 / 5
Tragic Consequences of Interview Contamination
The results of interview contamination can produce devastating consequences, such as
those that occurred in the case of a man falsely convicted of rape in the early 1980s. Inves-
tigators conducted an interview of the rape victim, wherein they coached her into selecting
the man out of a photo array of individuals.45 It constituted a classic example of contami-
nation as the investigators subtly manipulated the victim, leaving her no alternative but to
select the man, whose general physical description and vehicle matched those she previ-
ously had provided. A series of investigative and prosecutorial errors followed, leading to
the man’s conviction for rape. For years, he fought to clear his name and have the convic-
tion overturned. Subsequently, the conviction not only was overturned but a jury awarded
his estate a $2.8 million settlement.46 Unfortunately, he did not live to see his name cleared;
he died a few months before the settlement at the age of 35. It was a tragedy ignited by
investigators who contaminated an interview of a distraught victim and led her to believe
that they had caught her attacker.

environment that encouraged running the risk of misinterpret- an interrogation and to mark
Johnson to cooperate and to talk. ing the suspect’s behavior. this transition by convincingly
During the information-gath- Detective Bailey immedi- accusing the suspect of involve-
ering phase of the interview, in- ately contaminated Johnson’s ment in or knowledge of a
vestigators should make every response by asking, “You were crime.25
effort to deliver their questions with Donna Hudson last night,
without placing more vocal weren’t you?” Johnson may not FOCUS ON
stress or emphasis on any one have had anything to do with INTERVIEWER’S
word over any other, referred to the disappearance of Donna QUESTIONS
as phrasing questions in a “lev- Hudson, but his reaction to De- Most investigators define an
eler mode.”24 For example, in- tective Bailey’s question, deliv- interview as a conversation with
stead of asking, “Did you rape ered in an accusatory manner, a purpose26 and recognize that a
the girl?” or “Did you rape the prompted the detectives to inter- list of questions does not, in and
girl?” wherein an emphasis is pret it as evasive and deceptive of itself, constitute an inter-
placed on the subject or on the behavior. In reality, Johnson view.27 This does not suggest,
crime itself, the interviewer may have wanted merely to de- however, that investigators
merely should ask, “Did you rape fend himself and felt the need to should not formulate relevant
the girl?” Although this may rep- verbally retaliate to what he per- questions to address specific top-
resent a valid question designed ceived as a threat to his mascu- ics to explore prior to conducting
to assess a suspect’s verbal and linity or pride. This does not sug- an interview. To the contrary,
nonverbal behavior, interview- gest that an investigator never proper interview preparation
ers who place more vocal stress should accuse or confront a sus- must include this aspect as
on one word as opposed to pect. Most investigators recog- well.28
another inadvertently can con- nize when to appropriately tran- The skillful and adept han-
taminate the response, thereby sition from an interview to dling of questions can encourage

6 / FBI Law Enforcement Bulletin


subjects to participate in the In its design, a funnel is broad “Tell me what happened?” en-
interview process. On the other near the top and gradually nar- courages the subject to provide a
hand, improper questioning rows until it culminates in a very broad, amplified response. Other
techniques can create barriers, small opening at the bottom. Us- open-ended questions can begin
stifle the flow of information, ing this analogy and employing with phrases, such as “Tell me
and, hence, contaminate efforts the categorization of questions your side of the story...,” “Ex-
to arrive at the truth. Experience as either closed or open-ended,31 plain to me...,” “What happened
has shown, however, that even interviewers should begin the in- when...?” and “Describe the
when investigators have specific formation-gathering phase with person....”
questions in mind going into an broad open-ended inquiries de- Many recognize that open-
interview, they tend to pose signed to obtain as much infor- ended questions constitute the
those questions in a random and mation as possible and culminate most effective questions for
haphazard manner, giving little the process with very direct and gathering information.32 For ex-
thought to the psychology be- specific closed questions. ample, crisis negotiators use this
hind eliciting the subject’s coop- technique to help resolve volatile
eration. Although it appears de- confrontations successfully. 33


ceptively easy, asking questions Negotiators recognize that open-
in a cohesive manner designed to ended questions, by design, en-
arrive at the truth is, in itself, a Open-ended courage individuals to talk. As
complex skill. In reality, inter- questions minimize long as people keep talking,
viewers often ask subjects a bar- negotiators can gain insight into
rage of questions with little or no
the risk of interviewers their concerns, desires, and mo-
forethought to a deliberate order imposing their views tives. Negotiators then can use
or purpose. As one investigator or opinions of what this insight to attempt to diffuse a
has said, “We often fly blind into happened on crisis. By the same token, inves-
verbal combat.”29 Experienced the subject. tigators also can take advantage
investigators can identify with of the benefits inherent in open-


the observations that “...we ask ended questions by concentrat-
too many questions, often mean- ing on them at the beginning of
ingless ones. We ask questions the interview.
that confuse the interviewee, The Value of
then we interrupt him. We ask Open-Ended Questions The Value of
questions the interviewee cannot Open-ended questions mini- Closed Questions
possibly answer. We even ask mize the risk of interviewers im- Closed questions, on the
questions we don’t want answers posing their views or opinions of other hand, elicit more narrowly
to, and, consequently, we do what happened on the subject. defined responses from the sub-
not hear the answers when Beginning with open-ended ject, such as a yes, no, or other
forthcoming.”30 questions takes advantage of the brief answer. Examples of closed
One approach proven effec- psychology of active listening as questions include “Who was
tive with many investigators in- a skill that encourages the use of with you?” “What time was it?”
volves thinking of the question- broad inquiries to gather as much “Where did you go?” and “When
ing process as a funnel, similar information as possible. An did this happen?” Closed ques-
to a funnel used to pour a liquid. open-ended question, such as tions, which are specific and

October 2003 / 7
Tips for Avoiding Interview Contamination

Focus on Interview Environment


Questions to Consider Strategies to Use

Where should the interview take place? A location free of distractions.


How should the room be configured? Without barriers (e.g., desk or plants) between
interviewer and subject.
Who should conduct the interview? One interviewer builds rapport and engenders
trust more easily. Two interviewers should use
team approach; one asks questions and the other
takes notes.

Focus on Interviewer’s Behavior


Questions to Consider Strategies to Use
How can interviewers encourage subjects to Use an open and relaxed posture, facing the
talk? subject; lean forward, make eye contact, nod,
and occasionally say “uh huh” and “ok.”
How can interviewers encourage subjects to Speak slowly, softly, and deliberately; avoid
listen? stressing or emphasizing one word over another.

Focus on Interviewer’s Questions


Questions to Consider Strategies to Use
What is a model for posing questions? A funnel, with open-ended followed by closed
questions.
What are the benefits of open-ended Gather complete information, minimize the risk
questions? of imposing views on subject, and help assess
subject’s normal behavior.
What are the benefits of closed questions? Elicit specific details, ensure accuracy, and help
detect deviations/changes in subject.
How can interviewers ensure thoroughness? Address the basics of who, what, when, where,
how, and why.
What are other cautions during questioning? Never ask questions that disclose investigative
information and lead the subject toward a
desired response.

8 / FBI Law Enforcement Bulletin


direct, ensure that interviewers accurate information, than the ensure that they obtained all of
elicit details from the subject. use of more direct closed ques- the details concerning Johnson’s
Closed questions that prompt a tions. Being aware of this, inves- relationship with Hudson and the
yes or no response are referred to tigators should take advantage of night in question. Other ques-
as bipolar questions inasmuch as the benefits inherent in each kind tions could have included “What
these represent the only two an- of question—open-ended ques- was Hudson wearing when you
swers that the subject logically tions for obtaining complete last saw her?” “What was her
can provide.34 By design, closed information and more direct ‘state of mind’”? “What time
questions limit the subject’s re- closed questions for ensuring the was it when you last saw her?”
sponse. As such, they generally accuracy of the information. “Where were you when you last
are not the most effective ques- Using this strategy, Detec- saw her?” “When did you last
tions for obtaining information. tives Barnes and Bailey would see her?” “Is there anyone who
Closed questions, however, can have had more success by begin- can vouch for your activities
help corroborate information and ning their interview of James last night?” “Where did this
secure specific details. Often, as Johnson with broad open-ended take place?” and “How did this
investigators prepare to docu- happen?”
ment their interviews by review-


ing their notes, they find that The Danger of
they neglected to obtain detailed Leading Questions
and specific information. To al- Interviewers can Interviewers can influence
leviate this, they should bear in influence the the subject by the words they
mind the importance of thor- subject by the choose to use. The precise ques-
oughness, which includes ob- words they tions asked during an interview
taining answers to the basic prove crucial because even slight
choose to use. changes in the wording can
closed questions of who, what,


when, where, why, and how. By cause the subject to provide a
doing so, they stand a better different answer. For example,
chance of having acquired all of researchers designed an experi-
the details. questions, such as “Tell me ment to see whether substituting
about your relationship with one word for another would
The Balanced Approach Donna Hudson.” After establish- affect a subject’s recall of
to Asking Questions ing that Johnson, in fact, had an event.36 Forty-five subjects
Over the last 70 years, nu- spent time with the victim the viewed films of an automobile
merous researchers have studied evening before, the detectives accident. Then, they were inter-
the benefits of open-ended, could have continued with addi- viewed, with each subject being
or narrative reporting, versus tional open-ended questions, asked the same questions except
the use of specific, more direct such as “Tell me everything you for one variation. Some subjects
questions, or interrogatory re- did yesterday from the time you were asked, “About how fast
porting.35 One conclusion from left your job until you went to were the cars going when they hit
this research revealed that the sleep.” As the interview pro- each other?” Other subjects were
use of open-ended questions gressed, the detectives gradually asked, “About how fast were the
generated more complete in- could have incorporated more cars going when they smashed
formation, but potentially less specific and direct questions to into each other?” Additional

October 2003 / 9
words used to describe the same or suggesting to the subject the investigation and even taint the
action of the two cars coming answer they want. subject’s testimony.
together included collided, As an example, investigators
bumped, and contacted. All of searching for a robbery suspect The Importance of
the subjects who were asked the who repeatedly used a chrome- Assessing Behavior
question with the word smashed plated .357-magnum revolver in- The objective at the outset of
estimated the speed of the cars terview a female victim who tells the suspect interview should be
higher then those questioned them, “He pointed a gun at me.” to fully identify the subject by
with the words collided, If the investigators respond, using innocuous questions to ob-
bumped, and hit, where the speed “Was it a chrome-plated .357- tain information, such as the
estimates were progressively magnum revolver?” before she person’s complete name, any
lower.37 The experiment illus- can describe the weapon, then aliases, age, residential address,
trated that the wording of a ques- they have contaminated her re- and other pertinent background
tion can influence the answer. sponse by leading her in a very information. Throughout the
“This effect has been observed interview, the investigator is
when a person is reporting his “Tell me what happened...”
endeavoring to determine what
own experiences, describing involvement, if any, this particu-
events he has recently witnessed, Open-Ended Questions lar suspect had in the commis-
or answering a general question, sion of the crime under investi-
Who
for example, How short was the What gation. The suspect interview,
movie?”38 Active Why Active designed to ascertain if a person
During the information-gath- Listening When Listening has knowledge of or is involved
How
ering phase, interviewers should in the commission of a crime,
consider carefully their choice of Verification Verification often is referred to as the behav-
Questions Questions
words, especially descriptive ad- ioral analysis interview41 or rel-
jectives and action verbs. Inves- evant issue questions inter-
tigators should refrain from us- Assessment Questions view.42 The use of open-ended
ing words that could lead a questions at the outset of the in-
person in a specific direction. A terview serves the primary pur-
leading question indicates to the specific direction. The legal sys- pose of gathering information
interviewee the response that the tem has recognized the danger of and, at the same time, a second-
interviewer wants.39 In the auto- the use of leading questions and ary purpose, especially strategic
mobile accident experiment, the even has formulated rules indi- when interviewing a subject who
interviewers intentionally con- cating when they are permitted in may have reason to deceive ei-
taminated the fact-finding pro- that context.40 Unfortunately, no ther through concealment or by
cess by using the more volatile rules governing investigative in- fabrication. Open-ended ques-
word smashed as opposed to the terviews exist that prevent inves- tions help investigators deter-
more benign words collided, tigators from leading the subject mine and assess subjects’
bumped, and hit. Through in a specified direction. The baseline behaviors or “norms.”
the use of emotionally laden consequences of such actions If subjects do not perceive
words, investigators can con- can include inaccurate infor- a question as a threat, they
taminate an interview by leading mation, which can complicate an generally respond in a manner

10 / FBI Law Enforcement Bulletin


consistent with their normal way somebody would harm Donna?” leads to a breakdown in commu-
of speaking and behaving. Expe- “What do you think should hap- nication, which greatly hinders
rienced interviewers pay close pen to the person who harmed the search for truth. But, by ex-
attention to subjects’ verbal and Donna?” and “Would you be amining some basic interview
nonverbal behaviors as they re- willing to take a polygraph exam principles, investigators can
spond to a question and continue in an effort to get this matter develop more in-depth strategies
to assess subjects’ behavior, cleared up?”43 Any success that to minimize the effects of
looking for any deviation from Detectives Barnes and Bailey contamination.
their “norms” when they re- would have had in determining if Although every interview
spond to more sensitive ques- Johnson was responsible for is unique, by focusing on three
tions later in the interview. Skill- Donna Hudson’s disappearance fundamental elements—the in-
ful questioning of suspects terview environment, the inter-
includes not only asking the right viewer’s behavior, and the ques-


questions at the proper time but tions posed by the interviewer—
also monitoring and assessing before the interview and by
suspects’ behavior during and Investigators implementing some time-proven
following their responses to should refrain guidelines, investigators psycho-
these questions. from using words logically will create an environ-
Using this approach, Detec- that could lead ment that encourages the subject
tives Barnes and Bailey would a person in a to provide more complete and
have proceeded much differently accurate information. This, in
in their interview of James
specific direction. turn, will lead to discovering the


Johnson. After obtaining bio- truth, the investigator’s ultimate
graphical information, they goal.
would have asked Johnson a se-
ries of open-ended questions to would have been in direct rela- Endnotes
obtain as much information as tion to the kinds of questions 1
The author is indebted to Mr.
possible about his relationship they asked, the timing of those Avinoam Sapir with the Laboratory for
with and knowledge of the disap- Scientific Interrogation (SCAN) for coin-
questions, as well as their ability ing the phrase interview contamination in
pearance of Donna Hudson. to detect any deviations from his The L.S.I. Course on SCAN Workbook.
Throughout the process, the de- “norms,” both during and after 2
In this article, the term subject refers
tectives would have monitored they asked the question.44 to the person being interviewed or the
Johnson’s behavior closely as interviewee, whether the person is a
he responded to these questions CONCLUSION victim, witness, or suspect.
3
Katherine Ketcham and Elizabeth
to establish his behavioral Interview contamination can Loftus, The Myth of Repressed Memory:
“norms.” The detectives then result in devastating conse- False Memories and Allegations of Sexual
would have asked Johnson more quences not only for law en- Abuse (New York, NY: St. Martin’s Press,
direct questions designed to as- forcement professionals but for 1994).
4
sess any changes in his behavior, the public they must protect. Im- Ibid., 88.
5
Ray Bull and Rebecca Milne,
such as “Did you have anything peding or negatively influencing Investigative Interviewing, Psychology
to do with Donna Hudson’s dis- the interview process, whether and Practice (West Sussex, UK: John
appearance?” “Why do you think knowingly or unknowingly, Wiley & Sons, LTD, 1999), 1.

October 2003 / 11
6
John E. Hess, Interview and Interro- Programming in the Interview Room,” FBI
gation for Law Enforcement (Cincinnati, Law Enforcement Bulletin, August 2001, Wanted:
OH: Anderson Publishing Co., 1997), 3. 1-5.
7
Elizabeth Loftus, Diane Altman, and 20
Paul H. Cully, U.S. Department of
Notable Speeches
Robert Geballe, “Effects of Questioning Justice, Federal Bureau of Investigation,
Upon a Witness’ Later Recollections,” Polygraph Unit, Guidelines for Interviews
Journal of Police Science and Adminis- and Interrogations (Washington, DC).
tration 3 (1975): 162-165.
8
D. Wicklander and D. Zulawski,
21

22
Supra note 18, 80.
Paul Ekman, Telling Lies: Clues to
T he FBI Law Enforcement
Bulletin seeks transcripts
of presentations made by crim-
Practical Aspects of Interview and Deceit in the Marketplace, Politics, and
Interrogation (New York, NY: CRC Press, Marriage (New York, NY: W.W. Norton inal justice professionals for
1993), 59; and Joe Navarro, “A Four- & Co., 1985). its Notable Speech depart-
Domain Model for Detecting Deception: 23
Ibid. ment. Anyone who has
24
An Alternative Paradigm for Interview- Wendell C. Rudacille, Identifying delivered a speech recently
ing,” FBI Law Enforcement Bulletin, Lies in Disguise (Dubuque, IA: Kendall and would like to share the
June 2003, 19-24. Hunt Publishing Company, 1994). information with a wider
9 25
David Vessel, “Conducting Success- Supra note 11, 85.
ful Interrogations,” FBI Law Enforcement 26
Supra note 6, 4.
audience may submit a trans-
Bulletin, October 1998, 1-6. 27
John E. Hess, “The Myths of Inter- cript of the presentation to the
10
Joe Navarro and John R. Shafer, viewing,” FBI Law Enforcement Bulletin, Bulletin for consideration.
“Detecting Deception,” FBI Law Enforce- July 1989, 14-16. As with article submis-
ment Bulletin, July 2001, 9-13. 28
Supra note 24, 221. sions, the Bulletin staff will
11
Fred F. Inbau, John E. Reid, and 29
Supra note 12, 4. edit the speech for length and
30
Joseph P. Buckley, Criminal Interrogation Supra note 5, 21. clarity, but, realizing that the
31
and Confessions, 3d ed. (Baltimore, MD: Supra note 18, 73. information was presented
32
William & Wilkins, 1986). Supra note 5. orally, maintain as much of
12 33
David J. Lieberman, Never Be Lied Gary W. Noesner and Mike Webster,
To Again (New York, NY: St. Martin’s “Crisis Intervention: Using Active
the original flavor as possible.
Press, 1998). Listening Skills in Negotiations,” FBI Presenters should submit their
13
Supra note 10. Law Enforcement Bulletin, August 1997, transcripts typed and double-
14
Mark L. Knapp and Judith A. Hall, 13-19. spaced on 81/2 - by 11-inch
Nonverbal Communication in Human 34
Supra note 24, 33. white paper with all pages
Interaction, 3d ed. (Orlando, FL: Harcourt 35
Supra note 7. numbered. When possible, an
36
Brace Jovanovich College Publishers, Elizabeth Loftus, Eyewitness electronic version of the tran-
1992), 4. Testimony (Cambridge, MA: Harvard script saved on computer disk
15
Dale G. Leathers, Successful Non- University Press, 1979). should accompany the docu-
37
verbal Communication (Needham Heights, Ibid., 96.
MA: Allen and Bacon, 1997), 302. 38
Ibid., 97.
ment. Send the material to:
16 39
Gordon R. Wainwright, Body Supra note 5.
Language (Lincolnwood, IL: NTC 40
Supra note 5, 97. Editor, FBI Law
Contemporary Publishing, 1999). 41
Supra note 11, 63. Enforcement Bulletin
17
Supra note 15, 299. 42
Supra note 24, 221. FBI Academy
18
Ronald P. Fisher and R. Edward 43
Supra note 11 for additional Madison Building,
Geiselman, Memory-Enhancing Tech- behavioral assessment questions. Room 209
44
niques for Investigative Interviewing Supra note 10 for additional informa- Quantico, VA 22135
(Springfield, IL: Charles C. Thomas tion on assessing behavior in the interview. telephone: 703-632-1952,
45
Publisher, 1992). Katherine Ketcham and Elizabeth
19
Susan H. Adams and Vincent A. Loftus, Witness for the Defense (New
e-mail: leb@fbiacademy.edu
Sandoval, “Subtle Skills for Building York, NY: St. Martin’s Press, 1991), 38.
46
Rapport: Using Neuro-Linguistic Ibid., 60.

12 / FBI Law Enforcement Bulletin


Bulletin Reports

Juvenile Justice
The Office of Juvenile Justice and Delinquency
Prevention (OJJDP) presents Trends in Juvenile Violent
Offending: An Analysis of Victim Survey Data, which
offers information on trends in juvenile violent offend-
ing from the past two decades, based on data collected
from victims of serious, violent offenses (e.g., aggra-
vated assault, robbery, and forcible rape) by the National
Crime Victimization Survey (NCVS). This bulletin
observes that examining information from a variety of
sources related to juvenile offending
will assist efforts to prevent and
intervene in such delinquency. This
Weapons report is available electronically
at http://ojjdp.ncjrs.org/pubs/
The National Institute of Justice (NIJ) presents
violvict.html#191052 or by contacting
The Effectiveness and Safety of Pepper Spray, April
the National Criminal Justice Refer-
2003, which examines two unpublished NIJ-funded
ence Service at 800-851-3420.
studies on the use of pepper spray in real-life
arrests and compares them with previous studies.
While the research cannot prove that pepper spray
will never be a contributing factor in the death of
a subject resisting arrest, it seems to confirm that
pepper spray is a reasonably safe and effective tool
for law enforcement officers to use when confront-
ing uncooperative or combative subjects. This
publication is available electronically at http://
www.ojp.usdoj.gov/nij/pubs-sum/195739.htm or by
contacting the National Criminal Justice Reference
Service at 800-851-3420.

Bulletin Reports is an edited collection of criminal justice studies, reports, and project findings. Send your
material for consideration to: FBI Law Enforcement Bulletin, Room 209, Madison Building, FBI Academy,
Quantico, VA 22135. (NOTE: The material in this section is intended to be strictly an information source and
should not be considered an endorsement by the FBI for any product or service.)

October 2003 / 13
Canines and
Community Policing
An Introduction to K-9 Lite
By CHARLIE MESLOH, Ph.D.

N umerous municipal,
county, state, and fed-
eral law enforcement
agencies in the United States
successfully employ canine
units as an additional, as well as
cost-effective, measure in their
crime control strategy.1 How-
ever, this option appears
underused in the college and
university setting. As shown in
crime and drug literature, cam-
puses often suffer the same ills
as many communities. Addi-
tionally, the threat of terrorist

14 / FBI Law Enforcement Bulletin


attacks spawned by the activities 21st century.4 Because percep- offered the opportunity to meet
of September 11, 2001, have cre- tion often becomes reality, the its dog. All of those who at-
ated a sense of uneasiness in an department worried that its ef- tended the press conference re-
environment previously free of forts would be wasted if the ceived a comprehensive fact
such tension. These two factors public’s opinion of the program sheet that contained a cost analy-
offer compelling reasons for was anything but positive. sis. By providing the information
starting campus canine programs Consequently, when a window necessary to construct a news-
to supplement the traditional of opportunity presented itself worthy story, the department
campus police model for the pur- for a press conference, the de- played a major role in the direc-
pose of explosives or narcotics partment decided to move for- tion that the coverage took. Con-
detection.2 ward, even though its police dog sequently, the initialization of
Campus law enforcement had not yet arrived. The depart- the program met with no criti-
agencies can establish such pro- ment used a stand-in dog, K-9 cism, and a strong relationship
grams with a minimum of start- Rommel, to provide the media formed between the department
up expenses through creative with the necessary photo oppor- and specific contacts in the
networking and planning. The tunity. K-9 Rommel was fully media.
University of Central Florida Po- trained and able to perform a
lice Department (UCFPD) based number of search-related tasks PROGRAM FUNDING
its canine unit upon this premise that captured the interest of a Campus law enforcement
and offers its own experiences as number of television and news- agencies can procure a number
an example of the potential for paper reporters who found the of items at little or no cost that
this type of operation.3 This par- story newsworthy. may greatly enhance their canine
adigm links trained dogs to on- UCFPD sent press releases programs. The only limit to the
going community policing ef- to all forms of media (radio, amount of items is an agency’s
forts by generating high levels television, and newspaper) and creativity. UCFPD actively
of community support through
planned media coverage and pro-
vides creative funding strategies
that can significantly enhance
the probability of success in such
endeavors.
MEDIA COVERAGE
Prior to the arrival of
“ Campus law
enforcement agencies
can establish such
programs with a
UCFPD’s first dog, the depart- minimum of start-up
ment’s public information of- expenses through
ficer developed the proper social creative networking
construction of the program. and planning.
This construct described the ca-
nine program as a new form of
community-police partnership
and the dog as the four-footed
community police officer of the

Dr. Mesloh, a former law enforcement officer and canine
handler and trainer, currently is an assistant professor
at Florida Gulf Coast University in Fort Myers.

October 2003 / 15
problems by using the training
aids of other agencies. For ex-
ample, UCFPD had a strong,
positive relationship with many
neighboring departments that of-
fered to train its dogs at no cost.
Moreover, by partnering with
other agencies, handlers are ex-
posed to varied methodologies
of training, while the relation-
ship between agencies is
strengthened by the interaction
between their personnel.
Acquiring Dogs
© Charlie Mesloh
Within the K-9 Lite model,
sought donations from other further strengthening commu- UCFPD attempted to identify
agencies, the military, and citi- nity support. donation dogs that possessed the
zens in the community, as well as necessary drives to accomplish
within its own university envi- Identifying Trainers the tasks at hand. To this end, the
ronment. Much of the depart- and Handlers department searched newspaper
ment’s success hinged on the Probably, the most important ads and the Internet and con-
availability of surplus resources component of this equation rests tacted animal controls and hu-
from the federal government.5 with identifying a trainer and a mane societies within the region.
Although the donation of handler for the dogs.6 In many It tested a number of dogs before
equipment and supplies is a cor- cases, small agencies can “pig- obtaining one from a rescue shel-
nerstone of K-9 Lite, cash fund- gyback” off larger agencies. ter, which had learned of the
ing offers the flexibility to pur- These larger agencies usually department’s search for a drug
chase specific items difficult to have many more resources dog. Screened for ability and
locate through a direct donation. to draw upon and may allow temperament by this organiza-
UCFPD sent e-mails to various campus canine handlers to attend tion, the dog has completed
corporations seeking sponsor- the training that they conduct tracking training and has begun
ship, and one pet store chain with their own personnel. In training in narcotics detection.
responded. This organization addition, training aids for both Interestingly, one of the univer-
scheduled a series of dog washes explosives and narcotics detec- sity’s fraternities ultimately paid
at a number of its stores in the tion can be costly and difficult to for the dog. Although the cost of
region. The business donated the obtain, as well as possibly create the animal was minimal ($175),
proceeds of these events, plus storage hazards. Most larger the payment symbolized an im-
a cash match from each store, agencies have identified and proved relationship between
to the program. In addition to dealt with these issues. In the pi- campus police officers and the
the obvious funding benefits, lot stage of a campus police ca- student body.
such events offer high visibility nine program, it may prove As a cautionary note, agen-
interaction with the public, easier to steer clear of these cies must realize that the task of

16 / FBI Law Enforcement Bulletin


testing and selecting a dog depending upon the quality and department. Likewise, UCF stu-
should fall upon the trainer materials used in constructing dents make up the community as
that eventually will be asked to the kennel. UCFPD contacted all they receive the majority of po-
train the animal. Then, adminis- law enforcement agencies in the lice services at the university.
trators should make the final de- state of Florida requesting the Consequently, the cumulative
cision based upon the expert donation of surplus kennels and perceptions of the students serve
opinion of the trainer and the received two responses. The de- as an evaluation and the ultimate
needs of their particular univer- partment accepted both kennels measure of success or failure of
sity environment. and installed them in the two K-9 Lite. The evaluation eventu-
dedicated canine patrol vehicles. ally will become a steering
Allocating Vehicles mechanism for the program,
One of the costliest invest- PROGRAM EVALUATION with yearly surveys compared
ments can be the dedication of a Recently, in holding with the against it to measure levels of
vehicle to the program. For philosophy of community polic- student approval.
UCFPD, however, a solution ing, the UCFPD engaged in a re- Preliminary findings indi-
presented itself (quite by acci- search project to evaluate and cated that the students, as a com-
dent) that overcame this issue. better understand the various as- munity, have responded posi-
The department decided to adopt pects of student experiences at tively to the canine program as a
a 12-hour shift plan after re- the university.7 As part of this form of community policing.
search showed that personnel project, the department surveyed Seventy percent of the students
strongly favored such a change. approximately 600 students to surveyed believed that the pres-
Upon initiating this shift alter- develop a benchmark measure of ence of the K-9 unit could deter
ation, the department found that K-9 Lite. In this system, canines drug use on campus, while less
it no longer needed several patrol represent an integral part of the than 12 percent felt that police
vehicles to maintain the same public relations aspect of the dogs were a waste of resources.
level of coverage. In fact, the
© Charlie Mesloh
department was able to remove
two vehicles from the fleet and
still have surplus pool cars. The
department assigned both ve-
hicles to the canine unit, thereby
providing take-home cars for the
dog handlers.
Obtaining Kennels
One expense not always ap-
parent in the beginning is the
kennel that accommodates the
dog within the patrol vehicle.
These kennels protect the dog
from injury and, thus, are a nec-
essary item. However, prices
range from $1,200 to $3,800,

October 2003 / 17
© Charlie Mesloh

Endnotes
1
One example of K-9 unit cost
effectiveness, examined by the author and
Dr. Ross Wolf of the University of Central
Florida Department of Criminal Justice
and Legal Studies in 2002, found that
trained search dogs were 33 percent more
effective than officers without narcotics-
trained dogs when calculating the number
of possible arrests.
2
The author cautions readers that dogs
should not be trained to search for both
explosives and narcotics, as the potential
for a dog to misunderstand creates an
unacceptable level of risk to both persons
and property.
3
The author and Dr. Ross Wolf first
presented the concept of K-9 Lite at the
44th annual International Association of
Campus Law Enforcement Administrators
Sixty percent of the students detection. Because many campus conference in Cleveland, Ohio, in July
reported that having a bomb dog police departments face the same 2002. They based their concept on the
made them feel more secure on challenges as municipal law en- model Government Lite first proposed by
campus, and 67 percent agreed forcement agencies, they too Marsha Segal-George in Public Manage-
ment 79, no. 7 (1997).
that canines reduced crime on may benefit from employing de- 4
Based on research the author and Ray
campus. In an examination of tection dogs in their crime con- Surrete conducted on police dogs in the
contingent valuation, students trol efforts. media, wherein they examined 2,022
responded to hypothetical sce- The K-9 Lite model imple- newspaper stories around the country over
narios about out-of-pocket fund- mented successfully at the Uni- a 7-year period to determine trends and
public perception. See “From Killers to
ing for certain canine services. versity of Central Florida repre- Cuddlers: News Media Coverage of Law
Seventy-eight percent of the stu- sents one method of establishing Enforcement Canines,” Police Forum 12,
dents stated that they would pay a canine program. Obviously, no. 4 (2002).
$1 or more per month to fund a not the final word in the creation 5
The Defense Reutilization and
bomb dog on campus, and 73 of a campus canine program, Marketing Service, http://
www.drms.dla.mil/.
percent indicated that they would it nonetheless offers one way 6
For additional information, see the
pay $1 or more per month to fund to begin using trained dogs International Association of Chiefs of
a drug dog on campus. Although within a university environment. Police, “Law Enforcement Canines,” IACP
analysis of the data will con- Additionally, it demonstrates National Law Enforcement: A Compila-
tinue, initial examination indi- that the minimal costs to fund a tion of Model Polices, Volume II, Section
34.
cated that the K-9 Lite system canine program provide an op- 7
The project collected data from self-
has met with approval. portunity for even the smallest reported survey instruments. Surveys were
college to establish and main- confidential and voluntary and students
CONCLUSION tain a detector dog program, were given informed consent prior to
Canine units can enhance which, in these uncertain times, receiving the survey. The project adhered
to all university requirements regarding
law enforcement’s crime control may prove extremely valuable human subject participation and obtained
strategies, especially in the areas to the safety of the students and Institutional Review Board approval.
of narcotics and explosives faculty.

18 / FBI Law Enforcement Bulletin


Book Review

officers, as well as attorneys, members of the


media, and the general public. Titled Deadly
Force, Constitutional Standards, Federal
Policy Guidelines, and Officer Survival, this
small book (only 46 total pages) addresses a
wide range of topics critical to an understand-
ing of the legal and practical issues relating
to the propriety of a law enforcement
officer’s decision to use deadly force.
The book provides an excellent survey
of the federal constitutional rules that govern
the use of deadly force by the law enforce-
ment community. Equally important, it
represents an excellent primer on such issues
Deadly Force, Constitutional Stan- as wound ballistics, the concept of “action
dards, Federal Policy Guidelines, and versus reaction,” and physiological responses
Officer Survival by John Michael Callahan, to stress. In other words, it covers the kinds
Looseleaf Law Publications, Inc., Flushing, of practical matters that influence an officer’s
New York, 2001. ability to perceive the existence of a threat
It is axiomatic that the use of force is an and to implement an appropriate and timely
inherent part of law enforcement. It remains response. It is not an exaggeration to say that
equally self-evident, in a free society, that an understanding of these practical matters is
whenever a law enforcement officer makes essential to a proper application of both law
a decision to use deadly force, others will and policy.
scrutinize that decision severely. To maintain The author, a retired FBI special agent,
the appropriate balance between the rights served in the Legal Instruction Unit at the
of the individual and the interests of society FBI Academy before becoming the chief
in effective enforcement of its laws and the division counsel in the Boston, Massachu-
protection of its officers, it is essential that setts, FBI office. He has dealt with deadly
such scrutiny be fair. That fairness can be force issues not only as an instructor but also
achieved only through the application of as a law enforcement officer in the field. As
factually supported, objective criteria. When a consequence of that academic and practical
the criteria are neither factual nor objective, experience, he is singularly qualified to bring
the result never can be fair. In such instances, together both the legal and the practical
the ill-informed—not to mention the ill- elements relating to this subject. His “big”
intentioned—have a disproportionate impact little book is well worth reading.
on the process. While little can be done to
alter the views of the latter, it must be hoped Reviewed by
that good information can educate the former. John C. Hall, retired
With this problem in view, a recently Legal Instruction Unit
published volume may assist law enforcement FBI Academy

October 2003 / 19
Perspective
The “Modern Warrior” This determination to win surfaced in re-
A Study in Survival search conducted on law enforcement officers
By Richard H. Norcross
who survived serious, life-threatening assaults.1
Although the study could not provide a definitive
answer as to why some officers lived and others
did not, it did find that an uncommon “will to

T he true measure of a person’s character


comes through adversity and how that
individual survives the ensuing challenges. These
survive” existed in many of the surviving offic-
ers. These officers related that they attributed
their survival to their determination to “win,”
tests can manifest themselves in everyday life, or which they believed was ingrained in them
they can come in one horrific incident. But, the through concentrated training.
way that people react, face the threat, and over- However, for warriors/survivors, it is not
come it stands as a testament to who they are and enough to just live with the knowledge that they
what they are made of. This proves especially “made it,” that they stared death and fear in the
important for those charged with enforcing eye, and that they walked away the victor. Rather,
society’s laws. Being a law enforcement officer they must relate what they have learned, both
carries an awesome responsibility, and only those good and bad, and the characteristics of sur-
with the strongest character will succeed. In the vival—that warrior/survivor mentality that
law enforcement profession, there is no other enabled them to persevere—to other officers
option but success. The strength of character who, in turn, can use this hard-won knowledge to
needed lies within everyone; learning to harness overcome the challenges that they will encounter.
it is the key to developing the law enforcement In short, warriors/survivors must learn from their
officer’s “warrior” mentality.
Having the “warrior” mentality does not mean
that officers are prepared to “kill” their enemy Agent Norcross serves in
nor does it mean that they are prepared to the Intelligence Services
Unit of the Office of the
“die” for their cause. Instead, for them, the Prosecutor, Camden
words warrior and survivor are interchange- County, New Jersey.
able. Because of this, these officers are
prepared to accomplish their mission—to
protect the public from the menace of those
who violate the law—with honor and to the
best of their abilities while overcoming any
obstacle by any means. They can apply this
mind-set to an armed encounter, to a hand-
to-hand altercation, or even to a search for
a suspect who stole a small child’s bicycle.
Warriors/survivors are determined to succeed
and will not be distracted from accomplishing
the task at hand. In essence, they enter every
situation mentally prepared to do what it takes
to win.

20 / FBI Law Enforcement Bulletin


tragedies because not doing so is the greatest and once in the upper right arm. The force of the
tragedy of all. impacts knocked me onto my back, and I was
lying upside down looking up at my attacker. He
Confronting Adversity then took another shot at me with the AK-47 as I
My worst nightmare occurred on April 20, lay on the stairs defenseless. This shot struck me
1995, when I was a detective with the Haddon in the thigh. His weapon then ran out of ammuni-
Heights, New Jersey, Police Department. I, along tion, thus distracting him momentarily.
with five other officers, planned to execute a As I was collapsing after being shot, I remem-
search warrant for a weapons violation upon a ber thinking, “This isn’t it. This isn’t the way my
suspected child molester. Our tactic in the execu- life is going to end, not here, not on these steps.”
tion of the warrant was a ruse. The lead officer, I was shot in the chest, collapsing my right lung
Investigator Jack McLaughlin, was to engage the and piercing my diaphragm. An intense, mind-
suspect in a conversation. I numbing fatigue set in immedi-
volunteered as his backup. Four ately. I desperately wanted to
other officers from my depart- sleep. Just to close my eyes for
ment accompanied us.
The suspect’s mother admit-
ted us into the residence, and
“ In developing the
warrior/survivor
a moment was the intrusive
thought that kept coming. But,
I was determined not to go to
Jack began speaking with the mentality, facing sleep. Sleep meant certain
suspect—who was at the top of fears is the hardest death, and I was not going to
an enclosed stairway on the obstacle. die. Then, suddenly, I could not
second floor. During the conver- breathe. I felt like I had been
sation, the suspect attempted to
flee. Jack pursued him up the
stairs, and, as the backup of-
ficer, I drew my weapon and followed. Jack got
” thrown into a pool to learn to
swim for the first time. I told
myself to calm down, to try and
breathe. Miraculously, I could inhale a little, just
to the top and turned at a half wall that ran down enough to keep going.
the hallway. He was met immediately with a hail Once I calmed myself enough to breathe,
of gunfire. The suspect, armed with an AK-47 several other noteworthy things happened. Ini-
assault rifle in one hand and a 9-mm pistol in tially, I had developed tunnel vision, putting me
the other, mortally wounded Jack. at a defensive disadvantage. When I calmed
As I was running up the enclosed steps, I myself, my vision cleared. I was able to see my
could see Jack being shot in front of me and muz- opponent. But, more important, by concentrating
zle flashes above and behind me. The half wall on survival, I could exercise my thought process
angled around behind the steps so that the assail- so that I could make life-saving decisions. I knew
ant was standing almost directly behind me on that I had to get off the stairs, so I used my
the second story. I instinctively turned and began elbows to drag myself down to the first floor.
firing at the suspect as he began firing at me. I As I stood up, the officer who initially had
fired three shots before I was struck in my shoot- been behind me approached the open doorway.
ing hand by a round that went through my hand He did not see the assailant charging down the
and into my pistol, thereby disabling my weapon. steps nor that he was about to step into the line
Then, the suspect shot me twice in the chest, with of fire. I shoved him back to safety and stumbled
one round penetrating my bullet-resistant vest, into the kitchen area where I realized that I was

October 2003 / 21
too badly wounded to continue and made my positions of cover to reenter the fray, my brother
escape through a side door. Once outside, I received a single, fatal gunshot wound to the eye
clearly remember thinking, “Going out back is from a distance of approximately 70 yards. My
probably safer, but the cavalry will be coming to closest family member and dearest friend was
the front. Go to the front so you won’t bleed out.” gone in an instant.
I limped toward the front of the house, collapsed Still, the gun battle raged on. In the end, a
at one point, again dragged myself up, and took a 14-hour standoff ensued, but, fortunately, with
position of cover behind a tree and a telephone no further loss of life. The defendant surrendered
pole that had twisted together. I then yelled down and was taken into custody.
to one of my backup officers that I was hit, that I
had lost my weapon, and that Jack was down on Facing Fears
the second story. Within moments, a patrol car If the only casualty had been me, this incident
pulled up and whisked me to the hospital. would have been difficult enough, but I would
During the drive to the hospital, I kept saying have gotten through it. However, what happened
over and over that I was not going to die. I told to me was worse than anything I ever could have
the officer who drove me, the imagined. I saw Jack, a hus-
paramedics who met us en band and father of two, die just
route, and anyone else who feet in front of me. My younger
would listen that I was not going
to die. I never lost conscious-
ness during the entire ordeal
until I was put to sleep in the
“ The preparation for
survival can take on
brother died coming to back us
up. I was critically wounded
and, in essence, a lone survivor.
To make matters worse, due
many forms, and
operating room. I refused to to the severity of my injuries, I
officers should look
give in to that desire to sleep. was on life support for 4 days
on it as deposits for
As bad as my situation was, and could not attend those
their future.
it became even worse. My brave men’s funerals. Thus, I


younger brother, John, was never really got a chance to say
home getting ready to come in my good-byes, and I had a
for the 3 p.m. to 11 p.m. shift. tremendous case of “survivor’s
His partner heard the “shots guilt,” a condition where people
fired, officers down” call on the radio and called play over and over in their minds, “Why them,
John at home. They joined up and responded to not me?” I quickly realized that the emotional toll
the scene. By that time, approximately 10 min- of this event was going to vastly outpace the
utes after the initial shots, the assailant had physical effects.
assumed an offensive position in several second As soon as I was off life support, I requested
story windows of the residence and was firing at a counselor. I began dealing with what had
all of the responding officers. He exchanged happened. I faced the challenge head on, and I
hundreds of rounds with officers in this extremely was determined not to die mentally, despite the
intense gun battle that lasted approximately 20 circumstances. Not only was I going to survive,
minutes. I was going to live.
My brother and his partner heroically moved For a moment, we need to imagine the human
a trapped family from inside a neighboring home mind as a series of rooms. When a critical inci-
and took them to safety. As they returned to dent occurs, no matter how large or small, a fire

22 / FBI Law Enforcement Bulletin


erupts in one of the rooms. We now have a police officer. And, thus, it represents one of the
choice to make: expose ourselves to additional ways that I prepared myself to survive.
pain and go in and put the fire out or close the
door and hope that the fire smothers itself. We all Preparing to Survive
know that the easy answer is to close the door Since September 11, 2001, the role of law
and maybe try to smother the flames with a beer enforcement has changed drastically. In essence,
or two. Warriors/survivors, however, do not every man and woman in the law enforcement
choose the easy answer. Instead, they take the profession has become a soldier on the front lines
path that will result in the accomplishment of responsible for responding to the new threats to
their goals no matter how difficult the course. My American society. Due to these changes, now
goal was to deal with the fire and extinguish it. more than ever, officers need to be prepared to
In developing the warrior/survivor mentality, meet the challenge and survive to fight another
facing fears is the hardest obstacle. We must day. While everyone hopes that no other night-
admit the possibility of defeat © Digital Stock mare like the 11th occurs again,
and further pain while coura- we must be prepared in case it
geously moving forward. The does. In this manner, I am
time will come when we must speaking of individual prepara-
confront the unthinkable, but tion, getting oneself ready for
the true warrior/survivor will the ultimate challenge.
prepare ahead of time. For The preparation for survival
example, the time to ask, “Can I can take on many forms, and
fight and arrest this person?” is officers should look on it as
not while squaring off against a deposits for their future. Many
tall and muscular 19-year-old times, my superiors told me that
gang member who does not if I needed a particular piece of
want to be arrested. The time to equipment or to attend a school,
prepare for that is prior to facing they would get it for me or send
such a situation by taking a defensive tactics class me. The bottom line, however, was that it was my
or practicing with impact weapons. Survivors life, not my sergeant’s life or my captain’s life. I
prepare both mentally and physically to meet was going to be the person who prepared me for
the challenges placed before them. the worst because, rest assured, it was me who
While in the hospital, one of my doctors said was going to deal with the aftermath. With this
that I should thank whoever picked me up and in mind, I offer officers seven basic steps to
carried me to safety because that person undoubt- survival preparation that I have learned from
edly saved my life. I explained to the doctor that my tragedy.
no one carried me. I told him what happened and 1) Mind-set: This is the warrior/survivor
how I had gotten myself to safety. The doctor mentality that says that officers are going
credited my sound physical condition from to do whatever it takes to accomplish their
weightlifting as the reason why I was able to help mission, with the primary mission being their
myself despite grievous wounds. Prior to my ultimate survival. Their mental preparation is
incident, I did not lift weights because I thought the key to their success. Officers must enter
that they would save me the way they did. I lifted each encounter with the attitude that they are
so that I could better perform my duties as a going to be successful. They never should go

October 2003 / 23
in with a defeatist attitude. If they think they send its officers to school, they should attend
are going to lose, then they are well on their on their own. Officers also should not limit
way to doing just that. In my incident, one of themselves to “cop” schools, but take a
the most amazing facts was how fast it hap- martial arts class or learn a foreign language
pened. The third officer on our team had applicable to their policing region. Training
gotten from the front door of the house to the also includes firearms proficiency. My assail-
doorway to the second story—a span of about ant practiced at a range on an average of once
11 feet—in the time that the suspect killed every 11 days. How many officers take their
Jack and shot me multiple times. In mere training that seriously? Moreover, officers
seconds, my life changed forever. It is vitally should remember to practice weak-hand
important to realize that these types of events shooting. I was shot in my shooting hand,
occur in the blink of an eye and that officers’ and I personally know of three other officers
survival instincts must be second nature. also shot in their shooting hands during
Officers cannot think about their actions; engagements.
they have to happen naturally. 4) Physical fitness: The only way to find out
2) Equipment: The day of my incident, I had how a person’s body will react in an intense
changed from an undercover holster to a situation is to stress it in some type of con-
tactical duty rig. I had my trolled physical exertion, in
spare magazines and hand- other words, exercise. This is


cuffs within easy reach. I nothing new. To ensure their
had donned my bullet- survival, officers must have
I told the officer who
resistant vest and put a new their main piece of equipment,
drove me, the
battery in my radio. I took their bodies, in top shape. They
paramedics who met
care to have all of my should do whatever they like—
us en route, and
needed equipment ready lift weights, run, or ride a
anyone else who would
and available. Even though bike—just do something to
listen that I was not
my vest did not stop all of raise their heart rates and
going to die.
the bullets, it did slow them strengthen their bodies. Offic-
and minimized the trauma.
Officers always should
make sure that their gear is
in top condition. If it is worn, they should
” ers will adapt, both physically
and mentally, to situations
quicker if they have trained for
them. As their heart rates and breathing
replace it or, where practical, upgrade it to the increase, their mental capacities diminish
best available. I did not have a backup unless they train their bodies to effectively
weapon the day of my incident. In retrospect, operate under stressful conditions. In the
I probably would not have been able to use it, words of General George Patton, “A pint of
but I would have liked to have had it had I sweat today will save a gallon of blood
become trapped. If departments permit it, I tomorrow.”
recommend carrying a secondary firearm. 5) Professionalism: Officers must be profes-
3) Training: Officers should get as much sional and do what they were trained to do.
training as possible—they should not let the No matter what happens, no one can take
last law enforcement training they had be away an officer’s professional spirit. It is my
basic academy training. If an agency cannot opinion that professionalism walks hand in

24 / FBI Law Enforcement Bulletin


hand with the warrior/survivor mentality and never allow foolish pride or ignorance to
that one cannot exist without the other. In the stand in the way of their well-being.
incident that took my brother’s life, the 7) Worst-case scenario: One of the first things
officers around him emerged from cover and that recruits do when they join the U.S.
dragged him to safety. These same officers military is fill out their will and assign their
then returned to the firing line and continued insurance benefits. The main reason for this is
to engage the suspect in gunfire. When the not in case they die, but, instead, it is so they
shooting stopped and the laws of our society are not worrying about their family members
dictated negotiation as the course of action, and their future when they should be concen-
they did that. They behaved as professional trating on fighting. The same thing applies
police officers and did their jobs. The profes- to the law enforcement profession. Officers
sionalism displayed by those heroic officers should talk with their spouse about worse-
serves as a standard to emulate for everyone case scenarios and discuss insurance benefits,
who wears a badge. funeral arrangements, and other issues sur-
6) Aftermath problems: When a critical rounding their untimely demise. I know this is
incident occurs, officers must not shut the unpleasant, but it is a burden that officers will
door and allow the fire to spread, but go in not carry to work if they already have dealt
and deal with the problem. with it. They then can concen-
Like any wound, if it is © Peter Hendrie, Tribute trate on surviving and not what
allowed to fester, it will will happen if they do not.
hamper their recovery and, By incorporating these
ultimately, the quality of the simple principles into their
life they are trying to save. everyday lives, officers will
Some problems they can have a box full of survival tools.
handle and others they When a crisis hits, such as the
cannot. Officers must have death of a child, they can reach
the wisdom to know the into their handy toolbox and
difference; to know when it grab the implement needed to
is time to ask for help from a make the repairs. Some officers
spouse, a friend, or a profes- probably can think of other
sional; and to know that things that I may have omitted.
there is no shame in asking That is excellent because my
for that help. Facing fears is the warrior/ goal is to get them to think of their own survival
survivor’s hardest obstacle, and there is no and what they can do to make their chances even
shame in facing these fears. If I had not had better. We are all individuals, and different things
the courage to ask for help from a profes- work for different people. Many officers will use
sional early into my recovery, I would not the new tools in their toolbox for preventative
be where I am today. Many agencies have maintenance and that also is a goal of mine.
policies mandating that their officers see a
specialist after a critical incident. While they Conclusion
can make their officers go to the meeting, Am I “Superman”? I think not. Many people
only the officers can make themselves partic- have told me that they could not have endured
ipate in any recovery offered. Officers must what I have and do what I do. I always tell them

October 2003 / 25
that I am nobody special. I have learned that there an attitude. It is a way of life. It is not something
is no “Superman” and that we all are human. I that goes away at the end of our shift. It is our
have faced my own mortality and realized that being. It is who we are.
life is truly a precious gift. Living is what I do in I was determined to make my life right and
the present because I cannot change the past nor move forward. I went to physical therapy and
guarantee the future. Surviving is not existing; it counseling. I endured hour upon hour of excruci-
is living life to the fullest. ating pain at the hands of my physical therapists.
The person I am is the person I am. Prior to I underwent session after session of psychological
April 20, 1995, I did not look at myself as having pain while working with my psychologist. In the
a warrior/survivor mentality. My self-description end, I have become a much better person with a
was that I was a determined much deeper appreciation of
individual who did not like to life. I also have a mission to
lose. One of my friends pointed take what I have experienced
out that I was a warrior/survi-
vor because of my determina-
tion to overcome the adversity
that I had been dealt. But, I felt

It is my opinion that
professionalism walks
hand in hand with the
and teach other officers some
basic, instinctive survival
skills. I teach them to fight and
never give up. I show them
that I had that desire because I warrior/survivor that I am no one special, and,
had a wife and three children to mentality and that by that, I mean that everything
think about. I had to survive one cannot exist I did, have done, and will do
not only for me but also for without the other. again lies within each one of
them. Without them and their us. All that we need is the
love, I certainly would not have
gotten as well as I have.
I also pushed myself out of
anger. Anger can become just as good a motiva-
” awareness that these tools
exist inside us and the desire
to implement them. If only one
officer applies these lessons learned and is able to
tion for survival as love. Some people may survive, then I know that what I have endured and
disagree with me, I am sure. But, I was not going continue to share with others is worthwhile. My
to let the person who did this to me think that he questions are simple: Are you that officer? Will
had killed me without killing me. When it came you be the one to survive? Only you know for
time for the trial, I was going to be there, head sure.
held high, to testify against him. I wanted him
to see that he had not destroyed me. I wanted Endnotes
him to see that he had failed. 1
Anthony J. Pinizzotto, Edward F. Davis, and Charles E.
Due to that characterization as a warrior/ Miller III, U.S. Department of Justice, Federal Bureau of
survivor by my friend, I have examined my Investigation, National Institute of Justice, In the Line of Fire
personality and those of others with similar traits. (Washington, DC, 1997), 4.
We all exhibited that same mentality, even
The author presents this article as a tribute to Officer
though none of us ever really considered it to be John Norcross of the Haddon Heights, New Jersey, Police
such. We were all professionals who took our Department and Investigator Jack McLaughlin of the
jobs seriously and did whatever was required to Camden County, New Jersey, Prosecutor’s Office, two
get that job done each day of our lives. It was not valiant and compassionate men who made the supreme
a onetime occurrence; it was how we always car- sacrifice in fulfilling their sworn duty of safeguarding the
public.
ried ourselves. The mind-set is not a thought or

26 / FBI Law Enforcement Bulletin


Negotiation Position Papers
A Tool for Crisis Negotiators
By VINCENT A. DALFONZO and STEPHEN J. ROMANO, M.A.

risis negotiators take (NPPs) help negotiators express the on-scene commander’s key

C great pride in their com-


munication skills. Their
specialty is to influence and per-
their positions clearly and con-
cisely during an incident.
The FBI’s Crisis Negotiation
advisors during hostage or barri-
cade incidents. Specifically,
throughout the course of these
suade, primarily through the use Unit routinely uses NPPs and incidents, the on-scene com-
of active listening skills1 and values them as important tools, mander relies on the crisis nego-
other communication techniques especially during hostage or bar- tiation coordinator to provide
and strategies. Ironically, how- ricade incidents. Similarly, the periodic briefings that give the
ever, it is not unusual for even use of well-formatted NPPs can status (an overall description of
the most well-trained crisis ne- prove very beneficial to other the incident), an assessment (an
gotiators to have difficulty effec- law enforcement agencies when analysis of the incident), and
tively communicating the ratio- handling these incidents. recommendations (guidance and
nale for their assessments and strategy).
strategy recommendations to the Why Use NPPs? Overall communication can
on-scene commander. To this The crisis negotiation coor- be difficult during a crisis sit-
end, negotiation position papers dinator, or team leader, is one of uation. The stress levels of all

October 2003 / 27
major crisis management partici- or life-threatening information developments and also keeps
pants are high; the on-scene obtained by the crisis negotiation them thinking proactively.
commander, who is under an team. Such information is re- NPPs also can serve as brief-
enormous amount of pressure, in layed immediately to the com- ing documents for those negotia-
fact, also may be in crisis. As a mand and tactical components. tors who may relieve, or comple-
result, the crisis negotiation co- ment, other negotiators during an
ordinator may find briefing the What Are The Benefits? incident. Responding negotia-
on-scene commander an arduous NPPs offer many benefits. tors then not only will have situa-
task. NPPs serve as visual aids to Specifically, the crisis negotia- tion boards, logs, and audio tapes
complement these briefings; tion team will find that they en- but also NPPs to review to help
however, crisis negotiators hance teamwork, communica- them become fully informed
should not use them as substi- tion, and documentation. more quickly, thus helping them
tutes for briefings. First, preparing NPPs can have an immediate impact dur-
Also, negotiation teams ide- help the various members of the ing an incident.
ally share NPPs with the com- crisis negotiation team work In addition to being a written
mand and tactical components. together effectively. Although reinforcement of the crisis nego-
In this regard, NPPs help ensure NPP writing may involve only tiation coordinator’s oral brief-
that all three components of the one member, all team members ing to the on-scene commander,
crisis management triad (com- contribute ideas. As a result, the NPPs also can enable the on-
mand, negotiation, and tactical) entire team focuses on the scene commander to brief those
become equally well informed negotiation effort. To this end, higher in the chain of command.
during a crisis situation. NPP preparation helps ensure Not only is this an additional
Of course, NPPs are not used that team members become burden removed from the on-
to communicate time-sensitive equally aware of all of the latest scene commander but it also be-
comes more likely that an accu-
rate account of the negotiation
posture is conveyed to higher
authorities.
Last, NPPs clearly document
the crisis negotiation team’s
assessments and strategy rec-
ommendations throughout entire
incidents. This can prove inval-
uable in cases where there is
a difference of opinion during
the conduct of a postincident cri-
tique or in the event of subse-
quent litigation proceedings.
Special Agent Romano is chief Special Agent Dalfonzo is a program What Is The Format?
of the Crisis Negotiation Unit of manager in the Crisis Negotiation
the Critical Incident Response Unit of the Critical Incident Response
This recommended format
Group at the FBI Academy. Group at the FBI Academy. can serve as a guideline for

28 / FBI Law Enforcement Bulletin


Sample NPP
This sample NPP, both easy to prepare and understand, demonstrates how crisis negotiation teams can format
and use it in crisis situations.

NPP - 2
Date
Time
In this fictional hostage/barricade situation, several telephone contacts occurred between the crisis negotiation
team and a male subject. These contacts occurred between 5:00 p.m. and 8:30 p.m.
Status
1. The subject remains in a private residence he entered 12 hours ago while fleeing from police. He possesses
a 9-mm semiautomatic pistol.
2. The subject is keeping police at bay by holding two small children (ages 2 and 5), unrelated to him, as hostages.
He has not threatened or harmed the children.
3. The subject demanded transportation only once, at the beginning of the siege, without setting any deadlines.
4. The subject’s telephone line was captured.
5. The subject refuses to exit the crisis site or to surrender.

Assessment
1. This is a hostage situation.
2. The subject is a career criminal with a violent past, but is not prepared, through either planning or experience,
for this situation.
3. The subject appears confused, scared, and concerned for his own safety, despite stating that he is in control of
the situation and “has a plan.”
4. The subject is using the children as protection from the police, not for bargaining.
5. The subject has not pressed for transportation or threatened his hostages; these both are positive signs.
6. Despite the presence of positive signs, the subject’s reference to “his plan,” without any reference to his future,
seems to indicate the potential for suicide.
7. The crisis negotiation team assesses the threat level to the hostages as low. The team considers the subject a
moderate suicide risk.

Recommendations
1. The crisis negotiation team should use active listening skills to build rapport and to explore the subject’s concerns
and motivations.
2. While communicating with the subject, to encourage him to surrender, the team should attempt to downplay his
crimes and to offer a scenario that would minimize his embarrassment.
3. The team should consider using an appropriate family member as a third-party intermediary, especially if the
subject’s suicide potential increases.
4. The team should coordinate a food delivery to the subject to build trust and rapport and to allow the tactical team
to gain a closer look at the crisis site.
5. Because the subject continues monitoring the news on television, incident command should send positive
statements through the media regarding law enforcement’s commitment to reach a peaceful resolution.
6. A low SWAT team profile should be used at this time. The subject currently enjoys a significant amount of
control and leverage based upon his use of the children as hostages.

October 2003 / 29
subject seems capable of violent
behavior (verbalized or not), ap-
parent motivations, the per-
ceived threat level (low, moder-
ate, or high), demands, and
subject-negotiator rapport.
Finally, in the recommenda-
tions section, the crisis negotia-
tion team should outline its ne-
gotiation strategy recommenda-
tions, emphasizing what it hopes
to accomplish during its next
contact. This section also is used
in advising the on-scene com-
mander that a command decision
may be required before pursuing
a specific strategy. The on-scene
preparing NPPs. It is easy both to Experience has shown that, dur- commander must give clear
prepare and understand. First, ing crisis situations, on-scene negotiation guidelines that the
the upper right-hand corner of commanders are more apt to crisis negotiation team must
the paper should denote the num- read, comprehend, and retain follow.
ber of the NPP (e.g., NPP-1, data in this simplified, user-
NPP-2), along with the date and friendly format. Conclusion
time the paper was prepared. The status section should Using negotiation position
This makes filing, retrieving, provide a summary of the current papers represents an excellent
and reviewing the document situation, based upon the most method for communicating the
easier. Second, the preamble to recent intelligence, along with crisis negotiation team’s posi-
the body of the NPP should iden- the latest contacts with the sub- tion during a hostage or barri-
tify the number of contacts, and ject. The subject’s identity, cade incident. NPPs complement
the times of those contacts, that weaponry, demands, and dead- verbal briefings provided to the
the position paper is based upon lines, as well as the identity command staff; they can provide
(e.g., The following status, as- and welfare of the hostage or invaluable assistance to the crisis
sessment, and recommendations victim, are areas of interest. negotiation team in effectively
are based upon two telephone Brevity and accuracy are im- stating and defending its assess-
contacts (6 a.m. and 8 a.m.) with portant; too much data may be ments and strategy recommen-
the subject). counterproductive. dations to the on-scene com-
Next, the body of the NPP is In the assessment section, the mander. Further, NPPs can help
divided into three sections; this crisis negotiation team should the command, negotiation, and
is where the status, assessment, explain whether they are dealing tactical components become
and recommendations are out- with a hostage, nonhostage (bar- equally well-informed during
lined. Concise, numbered bullets ricade with victims), lone barri- crisis situations.
under each part are suggested, cade, or suicide situation. The Such critical incidents can
rather than a paragraph format. team also should explain if the prove highly stressful and

30 / FBI Law Enforcement Bulletin


confusing; communication can Endnotes
1
potential to influence speakers’ behavior.
Active listening skills (ALS) are For additional information, see Stephen J.
become extremely difficult. effective in defusing strong emotions and Romano, “Communication Survival Skills
NPPs can help bring structure restoring speakers’ emotional equilibrium. For Managers,” FBI Law Enforcement
and clarity to these situations. When listened to, speakers tend to listen to Bulletin, September 2002, 14-16; and Gary
They serve the important pur- themselves more carefully and to evaluate W. Noesner and Mike Webster, “Crisis
and clarify their own thoughts and Intervention: Using Active Listening Skills
pose of making communication feelings. Listeners who use ALS demon- in Negotiations,” FBI Law Enforcement
easier, even in some of the most strate empathy, which enhances rapport Bulletin, August 1997, 13-19.
difficult circumstances. with speakers and thus increases their

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October 2003 / 31
FBI Law Enforcement Bulletin
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GENERAL INFORMATION additional specifications, detailed examples, and
The FBI Law Enforcement Bulletin is an effective writing techniques.
official publication of the Federal Bureau of PHOTOGRAPHS AND GRAPHICS
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Submissions for specialized departments, such as accuracy, analysis of the information, structure
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32 / FBI Law Enforcement Bulletin


The Bulletin Notes
Law enforcement officers are challenged daily in the performance of their duties; they face each
challenge freely and unselfishly while answering the call to duty. In certain instances, their actions
warrant special attention from their respective departments. The Bulletin also wants to recognize
those situations that transcend the normal rigors of the law enforcement profession.

Early one morning, Officer Max Raterman of the Owego, New York,
Police Department was dispatched to a structure fire. Upon arrival, Of-
ficer Raterman observed smoke and flames surging from a three-story
building that housed 12 apartments on the second and third floors. Over
the next few minutes, Officer Raterman made several trips into the build-
ing trying to wake occupants and assist them to safety. Shortly after fire
department personnel arrived, Officer Raterman exited the building and
maintained crowd control until other officers arrived. Once the fire was
suppressed many hours later, Officer Raterman entered the building with
a fire investigation team to try to determine the origin of the fire. Officer
Officer Raterman
Raterman’s diligence and courage saved many lives and made dealing
with this tragedy more manageable for the victims.

Officer Steven Wannow of the Hartford, Wisconsin, Police Department


responded to a call of a missing 16-year-old male. The missing individual,
possibly considered endangered due to his diabetic condition, was missing
from his place of employment after leaving work on foot. After taking the
initial call, Officer Wannow began to search the immediate and adjacent
areas on foot. Officer Wannow also alerted the local hospital of the situa-
tion. After searching for nearly one and one-half hours, and with darkness
approaching, Officer Wannow found the subject lying on his back and
unresponsive. Officer
Wannow called for
Officer Wannow
rescue personnel and Nominations for the Bulletin Notes should be based
on either the rescue of one or more citizens or arrest(s)
administered first aid that revived the victim made at unusual risk to an officer’s safety. Submissions
to a level of consciousness. The subject was should include a short write-up (maximum of 250
treated at a local hospital where personnel words), a separate photograph of each nominee, and a
letter from the department’s ranking officer endorsing
credited Officer Wannow’s quick response the nomination. Submissions should be sent to the
and ability to recognize serious life-threaten- Editor, FBI Law Enforcement Bulletin, FBI Academy,
ing symptoms with potentially saving the Madison Building, Room 209, Quantico, VA 22135.
victim’s life.
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Department depicts alternating rows of green Township, New Jersey, Police Department is a
vineyards and golden wild mustard, with a cluster circle, bisected by the Egg Harbor River. Sur-
of dark wine grapes and green leaves on the left rounding the river is a cattail, symbolizing the
side of the patch. The background features the wetlands habitat that prevails in and around the
mountains that rise on each side of the Napa river basin, and an orchard, representing the
Valley. This patch honors St. Helena’s role as area’s strong agricultural tradition. The bottom
the center of this premium wine-growing region. of the circle features the year Winslow Township
was incorporated, 1845.

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