Which statement best distinguishes a non-accusatory interview from an interrogation?

• A. An interview is conducted to gather information without coercion.
• B. An interview is noncustodial information gathering without coercion; an interrogation is custodial questioning aimed at eliciting a confession.
• C. A custodial questioning to elicit a confession.
• D. An interview is a formal legal proceeding.

Answer: (B)

The key idea is the difference in custody and purpose. A non-accusatory interview is a noncustodial information-gathering conversation conducted without coercion, where officers seek facts from someone who isn’t being treated as a suspect. An interrogation, by contrast, is custodial questioning aimed at eliciting a confession; the person is in custody or otherwise under pressure, and the tone and setting are geared toward obtaining admissions, often with rights considerations involved.

This distinction explains why the option describing information gathering without coercion in a noncustodial setting versus custodial questioning intended to obtain a confession is the best choice. The other statements either omit the custody element, imply formality in a way that doesn’t fit typical interviews, or are incomplete.