The Importance of Preparation in Interview & Interrogation
Conducting a successful interview or interrogation requires more than just intuition and experience—it demands planning and an understanding of the alleged crimes that have or haven't been committed. Without a roadmap, interviews can easily become disorganized, leading to missed details, inconsistent questioning, and ultimately, a weaker case. By integrating jury instructions into the preparation process, investigators can ensure that they gather all necessary criminal elements of the offense while staying on track during the interview.
One of the biggest challenges for investigators is ensuring they ask the right questions. This is where jury instructions can become a powerful tool for interview preparation. These standardized and updated guidelines outline the legal definitions and elements of offenses, helping investigators, public and private, align their questioning strategy. Understanding what a jury must consider when deciding guilt and what the state has to prove of a reported crime will significantly increase the effectiveness of an interview.
The Role of Jury Instructions in Interview Preparation
Jury instructions serve as a legal blueprint for the reported charges at hand. They define the elements of a crime, which must be proven beyond a reasonable doubt for a conviction. Investigators who study these instructions as part of their interview planning and preparation will be better equipped to focus their questioning objectives gathering the specific evidence needed to support each legal requirement.
For example, in a burglary case, jury instructions may state that the prosecution must prove:
The defendant entered a building or structure; (Tell me about the individual you observed.)
They did so unlawfully; (What people have access to the residence?)
They had the intent to commit a crime inside; (Describe what happened after they entered the structure.)
Knowing these elements in advance allows an investigator to tailor their interview questions to obtain information that supports or refutes these points. In our example we may not have a burglary, maybe the crime described was a tresspass or window peeper. This structured approach not helps investigators build a strong case but also reduces the risk of missing key details that may later become crucial in court.
Staying on Track: The Roadmap Approach
Investigative interviews can often take unexpected turns, particularly when dealing with uncooperative or deceptive subjects. Having a roadmap ensures that the interviewer stays focused on the necessary topics, covering all critical elements without being sidetracked by irrelevant details. A roadmap helps investigators:
Maintain attention to detail—avoiding unnecessary tangents that may waste time or dilute the interview’s purpose. If the interviewer needs to cover other areas their objectives, obtained from criminal elements won't be missed.
Ensure consistency—making sure an interview covers the essential facts and elements required for the case.
By using jury instructions as a foundation, investigators can design a questioning strategy that systematically addresses each element of the crime. This ensures that the gathered information is comprehensive, credible, and aligned with legal requirements.
Case Law and Annotations: Strengthening the Interview Process
Some states include case law annotations in their jury instructions, which provide real-world interpretations and legal precedents for each crime. These annotations can be incredibly valuable for investigators, offering insights into how similar cases have been judged in the past and highlighting legal nuances that may impact the current investigation.
For instance, in an assault case, case law annotations may clarify:
What constitutes "intent" in a specific jurisdiction
Whether certain defensive claims have been upheld or dismissed in past cases
How courts have interpreted different levels of bodily harm
By incorporating these insights into their preparation, investigators can refine their questioning techniques, anticipate potential defenses, and ensure that their statement evidence collection aligns with what courts have deemed necessary for a conviction.
Consequences of Poor Interview Preparation
Failure to prepare for investigative interviews can have serious consequences:
Missing key details – An interviewer could simply forget to ask important questioning objectives, miss criminal elements, or assume instead of ask, all weakening a case.
Interviewer anxiety – Interviewer who are not prepared often revert back to closed-ended and unimportant questions when then don't know what they need to learn or at least try to learn.
Lost opportunity – This may be your only chance to interview a victime, witness, or suspect. You may not be able to locate them again, their memory of an event will begin to fade immediately, and/or their recollection could become contaminted if they talk with others.
Planning and preparation, sometimes guided by jury instructions and annotations, helps ensure that every interview is conducted with precision, clarity, and legal soundness.
Criminal Jury Instruction Resources by State
Arizona Jury Instructions (RAJI)
California Criminal Jury Instructions (CALCRIM)
Minnesota Jury Instructions (file below)
New Mexico Uniform Jury Instructions—Criminal (file below)
Ohio Jury Instructions (LexisNexis or Westlaw only)
Rhode Island (no criminal instructions)
If purchasing jury instructions is not feasible for you or your agency, consider reaching out to your District or State’s Attorney’s office, as they may be able to provide access to relevant resources. Many prosecutor’s offices maintain copies of jury instructions and may be willing to share guidance or materials, even if they are from older editions. While laws evolve, past versions still offer valuable insight into legal standards, burden of proof, and essential elements of various offenses. For federal jury instructions, check with your district offices, as they often have resources or can direct you to where official instructions can be accessed. Ensuring you have a solid understanding of jury instructions can strengthen your casework and improve the clarity of investigative reports for courtroom presentation.
Conclusion: The Power of Interview Planning
Preparation is the cornerstone of effective investigative interviews. Jury instructions help provide a clear roadmap, ensuring that investigators focus on gathering legally relevant information and understanding more about a particular crime classification. Incorporating this resrouce leads to more effective investigations and stronger interviews. Whether you are an experienced investigator or new to the field, leveraging jury instructions as part of your preparation will set you up for success every time you step into the interview room.
Additional Resource:
Breakdown of each state's jury instructions and where they can be accessed.
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