The Interview Room Archives

Classic Articles on Investigative Interviewing

The Interview Room Archive banner showing a two-way mirror view of an investigative interview room with table and case file as a female investigator observes, representing classic investigative interviewing articles by Stan B. Walters.

For many years Stan B. Walters published The Interview Room, an international electronic magazine read by investigators, law enforcement professionals, and interview specialists around the world.

The articles in this archive explore investigative interviewing, interrogation strategy, deception detection, and behavioral analysis—ideas that helped challenge outdated assumptions and shape modern thinking in the field.


Confession Motivators: Gain or Pain

Citation: Originally published in The Interview Room
January 2008 (Volume 7, Number 1) — by Stan B. Walters.

For each of us, the only reason we change our minds about a decision that we have already made is when someone or something convinces us to abandon our first decision and a new or different point of view. In our mind in some measurable one when see the new position we have taken is being more rewarding or satisfying than the old. We have made the change after we have been motivated by our perception of "gain" or "pain." The same evaluation process is being made in the mind of our interview or interrogation subject while we are persuading them to change their current position and begin to cooperated with us and comply with our requests for information or even confession. If you can understand the "gain" or "pain" motivation of your subject and demonstrate to your subject a big distinction between the two, you'll have a better chance at gaining compliance, cooperation and confession.

In the Gain vs. Gain scenario, you subject has already concluded that he has much more to gain by remaining consistent with the position he has already assumed. First you have two hurdles to overcome, your subject's commitment to staying consistent with his decision and second demonstrating to him or her the position you want them to choose will provide them even more to gain than they may realize. In this case you'll need to acknowledge that you subject does have some things to gain by sticking with their decision and point out that the new point of view may also have those very same rewards. That it itself however, is not enough to move your subject. You'll have emphasize the advantages your subject has overlooked or has undervalued in terms of their importance to him and his "gain" objective.

In the second scenario which is Pain vs. Pain, there is the possibility that your interviewee has seen no gain for them at all by accepting your conclusions and you'll have a long road of persuasion ahead of you. It that case you'll need to demonstrate to the subject that they have overlooked some pain issues with their point of view and to accept your proposition. Your recommended position may also afford the subject some "pain" but not nearly as much as what they had not anticipated if they decided to "stand" by his initial choice. In most cases, carefully listening to your subject and their reasons for rejecting your proposal, you'll hear the gain-pain issue or issues that is driving your subject's resistance. You'll need to focus on those issues because their are important to your subject but may not be that important to you.

The final scenario is usually the easiest to deal with and that's the Pain vs. Gain format. In this case, it is much easier to convince your subject to abandon their choice to resist your recommendations to solve the issue. They already see themselves has having to deal with some level of "pain" as a result of their behavior and all you have to do is show them the "light" and get them to look forward and see to "gains" they can make by reevaluating their current pain-filled situation. In many cases, just pointing out what may be obvious "gain" to you is all that is needed because your subject is "blinded" by their current state and has missed the benefits of changing they judgment about the possible outcomes of cooperation.

In any of the three scenarios above, the interviewer has to realize that their subject is motivated by "their" perception of Gain vs Pain. The evaluation by the subject as to what they define as gain or pain may not even be close to what you as the interviewer think is worth gaining or avoiding. Once the interviewer recognizes their subject's gain or pain motivation he can key in on those issues. The greater the distinction you can make between Gain - Gain, Gain - Pain, and Pain - Pain, the more likely and the more quickly you'll get the subject to come to the conclusion to abandon their current preferred decision and accept the interviewer's recommendation.

© 2008 Stan B. Walters / Third Degree Publishing. All rights reserved.
This article is part of The Interview Room Archive Series, preserving classic writings on investigative interviewing and interrogation strategy.

Many of the concepts introduced in these early articles continue to evolve today through Stan Walters’ work on the Cognitive Reliability Framework and evidence-based interview practices.

Interview and Interrogation Techniques

Too Many Choices – Creating Frustration in Interrogation

Stan B. Walters

 

No matter what interview and interrogation techniques you use, if given the time, we could probably come up with a number of reasons a suspect won’t confess. Why won’t a hostile witness won’t cooperate or even why the victim won’t disclose.  If we then reviewed our “list” objectively we might find that we have placed a large portion of the blame on our subject and were partially if not fully blind to any problems we may have created.  It’s time to give ourselves and our subject a break.  The impasse may in fact that our interview and interrogation techniques have created too many choices to be made by us and our subject.

All too often when entering an interview room, we like to go in “armed to the teeth” with information and facts.  Being fully loaded with evidence is certainly not a bad thing but how we choose to present that information can be a handicap for the interviewer as well as the subject.  With some many choices to make about what
topics to address, how to address them, what order and more, we get caught up in the “planning” and can bungle the “presentation.”

If you interview and interrogation techniques create too many choices for your subject, we may see a successful interview as a long and difficult campaign. There will be no assurance of success and even a higher probability of early failure.  To overcome this problem, try dealing with and presenting only one issue at a time and strive to win small battles and not the whole “war” with one big “atomic” question that tries to incorporate multiple issues.  You’ll find you’ll be able to focus more on your subject, miss fewer of the important responses and increase your chances of overall success.

Far too many choices presented to the victim, witness or suspect also has a higher probability of negative outcome.  Contrary to common belief, it is known in the sales profession too many choices presented to the customer kills more sales than they make and the same behavior response applies to the interview room.  Asking for agreement or concession from your subject on several issues at once makes the ultimate decision by the subject much more difficult. 

When we use interview and interrogation techniques that increase the difficulty of the decision making cycle for our subject, the longer it will take for the person to make their decision to comply, cooperate or confess. The longer the decision-making cycle is extended for our subject, the greater the chance that the results of the decision process will be negative and thus harder for us to reverse and overcome.

Review your case before you conduct your interview. Break down the case interview objectives into smaller more manageable tasks and move toward your goals of cooperation, compliance and admission by winning small victories by reducing the choices to be made at any one time.  You’ll improve your chances of a successful interview.

Stan B. Walters “The Lie Guy®”
[email protected]
www.TheLieGuy.com
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