MN-BIA
Behavioral Intelligence Agency

 

Investigations and Litigation Assistance

Discovery by Interviewing

Witness the Deposition

There are precise pre-trial circumstances when an attorney should never interview witnesses on his/her own. A Certified Forensic Interviewer (CFI) observes and detects if and when the interviewee is withholding or fabricating their answers.

The benefits of having our CFI present during depositions include:

Juror Profile, Monitoring, and Detecting the "stealth juror"

>The "high-risk" juror profile is developed for improved voir dire process. This profile identifies the worst case scenario. It seeks to uncover the type of juror that should be avoided specific to the case at hand. It identifies pre-conceived notions, one's stage of moral development, impact from social, personal and family life, and related demographics.

The "best case" profile estimates the personality type and the cognitive status of each potential juror. This profile is your map to know which jurors are more influenced by an "affective dominant" vs. "logical dominant" reasoning. Each type has its own cognitive and perceptual biases that can distort their decision making process.

We monitor the jurors emotional response because it is impossible for anyone to simultaneously track several juror's nonverbals while also performing their legal expertise.

Control the jury's emotional influence. By noting specific stimulus-response patterns of the jury, the attorney gains valuable insight to the emotional/stress reactions of the audience. Knowing which topic or particular phrasing has caused a positive or negative reaction helps determine when and how to reframe your message to gain a juror's acceptance. As your "second set of eyes" you will be better prepared to know the jury's fluctuating emotional status. This same process is also helpful during negotiations.

How to prevent the Stealth Juror. The Stealth Juror manipulated their way onto the jury panel. They slipped through the watchful critique. They seek public exposure on high value cases. Their main goal is to manipulate the jury to accept their bias. MN-BIA's CFI tracks each juror in session and when a ''stealth juror" is suspected, we send our covert investigative interview team to reveal them.

Opening and Closing Argument

Cognitive psychology says we tend to perceive exactly what we are expecting. Initial perceptions resist change even in the face of new evidence. Exposure to blurred circumstantial evidence can interfere with accurate perception. The opening argument is most at risk for generating this type of bias while the closing argument can undo the opposition's manipulative use of perceptual bias.

By understanding the group psychology of the jury, we can best predict the types of bias that would most likely affect their decision making. This knowlege helps fine tune the use of key phrases of the argument. Specific phrases can generate the visual images that can access the juror's initial perceptions, minimize their cognitive bias and emotional reactions.

Coaching and Witness Preparation

Studies in attitude and social psychology consistently suggest most people make a lasting impression of another during the first 3 to 5 minutes.

Incongruity between verbal and physical nonverbal communication is perceived as distrustful. To improve your odds of being favorably viewed, a presentation rehearsal will examine any incongruency. We teach specifically how to prevent that issue from becoming a liability.

Teaching effective cognitive coping skills are designed to minimize anxiousness. This will improve the appearance of trustworthiness and high self-confidence before the court or during negotiations. Attire, gait, verbal and non-verbal communications, natural controlled mannerisms, and prosody of speech are all considered.

Child Custody Investigation

Missing Person Investigation

MN-BIA's experience in locating people who do not want to be found (fugitives) lends similar methods to locate a missing person. The methods of OSINT, forensic interviews to gain HUMINT and data from license plate reader systems aid in this process.

Most states do not have a prescribed waiting period before reporting a missing person to law enforcement. The child's last seen location or their residence defines which law enforcement agency to immediately contact. MN-BIA collaborates with local, federal and private agencies throughout the investigative process including accessing search systems such as the National Missing and Unidentified Persons Data System (NamUs)

Our missing person process:

  • Develop a behavioral profile of the possible abductor.
  • Review recordings and outcome of any polygraph for key individuals.
  • Review all reports and transcripts of prior interviews, revisit the crime scene, review all photographs, CCV and related tapes, re-interview key individuals, and review reports of collected physical evidence.
  • Review the background information on each potential witness/suspect.
  • Graph the time line of events.
  • Canvass new locations for evidence and new potential witnesses.
  • Utilize media program with rewards.
  • Surety/bail bond FTA recovery services

    Advantages enlisting MN-BIA services for fugitive recovery:

    1. No liability to the posting surety/bail bond company. Bonded and insured.
    2. Improved accountability with concise documentation of each process of services rendered.
    3. 10 years recovery experience
    4. Bonded, insured investigators; State of Minnesota Licensed PDI
    5. History of success: The Recovery Director and his team prevented over $1.2 million in potential surety loss in FY2016.

    Bail enforcement/recovery service operates under the authority of Minnesota Statutes 629.63 and within the limitations of 626.88 and 169.88.

    Standard operating procedures are applied from the initial investigative background discovery during witness interviewing to the capture and delivery of the defendant to the detention facility.

    Collecting relevant information from co-signers, witnesses, associates, and others believed to have come in contact with the fugitive defendant is a thorough and documented investigative procedure.

    This highly specialized work is exclusive to state and national surety companies.

    For FTA recovery requests, contact

      Derek Nelson, Recovery Division Director

      E-mail: d.nelson@mn-bia.com