How does an interview differ from an interrogation?

How does an interview differ from an interrogation?

• A. An interview is non-custodial; an interrogation is custodial questioning designed to elicit statements.
• B. Both are custodial.
• C. An interview is more formal than an interrogation.
• D. An interrogation is non-custodial.

Answer: (A)

The key distinction is custody and purpose: interviews are non-custodial conversations in which the person is not under arrest and is free to leave, used to gather information without pressuring the participant. Interrogations are custodial questioning aimed at eliciting statements from someone who is in custody or deprived of freedom, with the goal of obtaining a confession or specific admissions. Because it’s non-custodial, an interview typically doesn’t require the safeguards associated with custody, whereas custodial interrogations bring rights considerations into play, such as the need for warnings before eliciting statements. So, describing an interview as non-custodial and an interrogation as custodial questioning designed to elicit statements is the most accurate way to capture the difference.

The key distinction is custody and purpose: interviews are non-custodial conversations in which the person is not under arrest and is free to leave, used to gather information without pressuring the participant. Interrogations are custodial questioning aimed at eliciting statements from someone who is in custody or deprived of freedom, with the goal of obtaining a confession or specific admissions. Because it’s non-custodial, an interview typically doesn’t require the safeguards associated with custody, whereas custodial interrogations bring rights considerations into play, such as the need for warnings before eliciting statements. So, describing an interview as non-custodial and an interrogation as custodial questioning designed to elicit statements is the most accurate way to capture the difference.