criminal investigation questions

LESSON 9 - INTERVIEWING WITNESSES

This lesson supplements the reading in Chapter 7 in the textbook, pages 134-139; 142-143.

Interviews of witnesses are similar in structure to Interrogations of suspects, which will be the topic of the next lesson. Both involve the questioning of an individual, the subject, by the police.The major difference, however, is that we interview witnesses, who are generally willing subjects in order to get information they have regarding the crime. We interrogate suspects, who are generally unwilling subjects in order to gain admissions and ultimately a confession of their involvement in the crime as the perpetrator.

This lesson addresses the formal interview of a witness leading to a recorded statement. However, the questioning of victims and witnesses has been done in earlier stages of the investigation:

1. In the Preliminary Investigation the first responding officers had the responsibility to locate, identify, isolate and briefly question witnesses at the crime scene. This initial interview was conducted to obtain basic information about the experience of the witness in relationship to the incident.

2. Upon the arrival of the detectives, in the Crime Scene Follow-Up, further questioning may have taken place to gain more details while events were still fresh in the witness’s mind.

3. Additional witnesses, located during the Neighborhood Canvass, were questioned about any information they may have had about the crime.

At this point, the task for investigators is to conduct a formal structured interview of all victims and witnesses in order to get all the information each has to offer. The objective is to put it into the form of a recorded statement that can be compared and integrated with accounts gained from other sources and to construct the basis for later testimony in court.

Important Considerations in the Interview

4. Time - Interviews should be conducted as soon as possible after the event or the point at which the witness was located. As with all aspects of a criminal investigation, the clock is always ticking and time becomes a critical factor. As time passes, people begin to lose the details of their recollections or their interest in cooperating.

5. Place - There are different viewpoints on where is the ideal location for conducting an interview of a witness.

One perspective is that it should be done at the place of the witness’s choosing, such as their home or office. A witness has no obligation to cooperate with the police and conditions should be as convenient and comfortable as possible. Many witnesses will be reluctant to come to police headquarters and will feel intimidated and withdrawn. In their own home, the witness will be most at ease and likely to be forthcoming with their story.

The other viewpoint is that there will likely be more distractions at the witnesses home. Family, phone calls, visitors may all be sources of interruption which will cause the subject to lose their train of thought. Some witnesses might be nervous and uncomfortable with the police being seen coming into their home, and this will make them hesitant to fully cooperate. Or, if the witness is inclined to willfully withhold information or evade questioning, given that the interview is being conducted on their “home turf”, they will have a psychological advantage to resist an investigator's efforts to draw information from them.

Most police professionals agree that, if possible, it is advisable to conduct the interview at police headquarters, especially in critical cases such as a homicide. Here , the police are in complete control of the environment and have all the facilities for conducting and recording a formal interview.

The Ideal Setting - If the interview is conducted at police headquarters, the investigator must do everything possible to create a comfortable controlled environment for the witness. At the very minimum, a private, quiet and distraction-free setting must be provided. Ideally, a designated interview or conference room should be the location. So much of the interview process is a matter of psychology, and the effect of physical surroundings on thought and behavior is well known. Experts have studies this relationship and have suggested the following elements of the ideal interview setting:

· A separate room

· Proper ventilation and moderate temperature (not too cool or warm)

· Soft, indirect lighting, either lamps or recessed ( to promote observation and comfort)

· Carpeting, rather than a hard surface floor ( to provide a sense of warmth and security)

· Neutral earth-tone painted walls to create a feeling of warmth and calmness)

· Windows to let in light and sight of the outside world, but covered with shades, blinds or curtains (to prevent the witness from feeling too confined, but allowing a sense of privacy)

· Comfortable padded chairs (to provide comfort and a perception of protection and security

· A round or oval conference table (free from physical or psychological barriers; enabling appropriate distancing)

Interview Preparation

A day and time convenient to the witness is agreed upon. Prior to the arrival of the witness for the interview, the investigator reviews all up-to-date information about the case to become thoroughly familiar with all the latest developments. This is necessary for intelligent questioning and proper evaluation of answers.

All resources needed for conducting the interview and taking a formal statement are made available, including, writing pads, pens, documents, photographs, recording equipment or stenographic services.

The detective should make sure that a professional personal appearance is maintained. Male officers should be in a suit or jacket and tie. Female officers should be in a suit or business attire. It must be remembered that first impressions are critical. The witness will be judging the interviewer’s appearance and conduct, which will often determine the degree of cooperation.

Arrangements should be made for the arrival of the witness at headquarters. Witnesses should never be kept waiting. Receptionists or desk officers should be notified to greet the individual and call the detective immediately so that the witness can be escorted promptly to the interview room.

The Interview Process

There are four basic steps in the interview process.

6. Introduction

This opening phase of the interview is essentially a warm-up and opportunity for the interviewer to get acquainted with the subject. Of course, basic identity data has already been collected prior to the interview. Many detectives actually conduct a basic background investigation on witnesses they are interviewing in order to become familiar with the background, interests and possible motivations of the person they are questioning. This will help in the choice of approach and strategy that will be used. Nonetheless, the objective of getting the witness to provide basic, introductory, non-threatening information such as name, address, means of contact, employment, etc, is to get the subject to start talking freely and to feel comfortable in the conversation before the more difficult questions about the crime begin.

During this warm-up step, the interviewer is appraising the witness for cooperativeness, articulation, and motivation, as well as keeping in mind the issues of competency and credibility. An effort is being made to establish communication and rapport. Some witnesses need more warming -up than others and the time spent on this effort will vary from case to case. The investigator must relate to the witness and assure the person that cooperation with the police in solving a crime is in their own personal self interest.

In an effort to engage the witness, the following should be done to establish rapport and put the witness at ease to allow for maximum remembering :

• Introducing yourself and any others present

• Asking the witness what they would like to be called

• Asking what is a suitable time frame for the interview, e.g. do they have any pressing needs or commitments?

• Personalizing the interview, i.e. treat the witness as an individual and talk to them in a manner and language they understand about events, the interview and the investigation.

7. Information-Gathering

Once the interviewer has “broken the ice” with the subject, the actual interview can begin. Using open-ended questions such as “what happened?” or “what did you see?”, the witness is encouraged to tell their whole story.

The account should be kept in chronological order, beginning with events leading up to the involvement of the witness, the actual event itself, and the aftermath.

Essentially, the detective is seeking the answers to the “5W’s and 1H”... Who, What, Where, Why, When and How (although not necessarily in that order ). The witness should be allowed to tell their whole story, with as few interruptions as possible. There should be no objections at this point, even if it is clear that the witness is mistaken or not telling the truth. This issue can be addressed in the Conclusion step.The goal is to keep the subject talking and providing information. The investigator may take brief notes but no written or recorded statement is taken at this point. The objective is to gain a good grasp of the information that the witness has to provide.

When asking the witness to describe people or events of interest, the interviewer should obtain as much detail as possible, especially when a witness describes a suspect or other person whose identity may later need to be established. There are three main reasons for this:

• Their description may be your only opportunity to identify the suspect or person of interest

• Once the suspect has been identified the original description may become vital evidence during any resulting criminal proceedings

• If the witness’s description is included in a written statement, it can be used to refresh their memory before giving evidence in criminal proceedings (which may be months or years later).

If the witness was an eyewitness at the scene and is in a position to offer Direct Evidence in testimony, the following three requirements must be met and established through questioning:

8. The witness must have been PRESENT during the event - at the location or within eyesight or hearing distance.

9. The witness must have been CONSCIOUS during the event - with full cognitive abilities, not under the influence of alcohol or drugs.

10. The witness must have been ATTENTIVE during the event - paying full attention, not distracted or focused elsewhere.

If it is determined that the witness has important relevant information that could have a bearing on the case, the decision will be made to move forward with a formal statement. Witnesses often ask if doing this will require them to testify in court. The detective must be honest and inform them that testifying will be a possibility but not a certainty until the prosecutor decides to call them. If the information provided by the subject is deemed not to be critical to the case, the interview may end here, with the provision that further contact will be made if needed.

11. Recording

As stated in the textbook, the purpose of taking a statement from a witness is threefold:

· Provide a written record that will allow the prosecutor to evaluate the testimony and plan its presentation at trial.

· Enable the prosecutor to monitor the testimony of the witness in court.

· “Hold” a witness---that is, to discourage surprise testimony and keep the witness to their story.

Procedures for taking a formal statement in an interview vary according to the practices of each law enforcement agency. A statement may be dictated to a secretary or stenographer, or recorded using audio or video taping.

Many experts believe that a written statement, in the witnesses own handwriting, spelling and vocabulary, is the strongest form of a statement. Such a document of the account is difficult to contrast on the basis of alteration, coercion or inaccuracy.

12. Conclusion

Once the statement of the witness has been secured, the interviewer should review it with the witness to check for accuracy. It is here that any discrepancies, contradictions or suspected deceptions should be addressed. Most errors may be innocent mistakes that can be easily corrected from well-intentioned witnesses. However, confronting the subject with these issues might cause them to become defensive or even combative, and some witnesses shut down and refuse to cooperate further. This is why it is left until now to raise these issues. At least the investigator has the witness’s account on record instead of losing them earlier in the process.

When the review is complete the witness is asked to acknowledge and sign the statement. The investigator should thank them for their participation and inform them of the process going forward. Further contact and additional questioning may be required as the case progresses and arrangements will be made as needed.

Closing interviews is accomplished by taking the following steps:

• Reviewing information obtained and confirming that everything has been covered (open a new account phase if any information has been omitted)

• Asking if the witness has any questions and answering them appropriately

• Thanking the witness for their time and effort

• Advising that if they recall further information about the event after the interview, they should make a written note of what they recall and contact you

• Preparing for future events (e.g. referral to support services, photographs, medical examination, court or further police involvement with the witness)

• Providing them with your card or name and contact telephone number

• Returning to building rapport or other neutral topics

• Ending in a positive, polite and prospective manner.

Evaluation of the Interview

After interviewing a witness, the information obtained should be evaluated. A review of the statement should consider:

- the impact of the information on the investigation

- what evidence there is in relation to the required Elements of the Offense and potential defenses

- Descriptions of people, items and events that may be vital to the investigation

- The urgency and need for further inquiries

- What follow-up action is required to prepare the witness for any future court proceedings. It may be advantageous to keep in regular contact with the witness especially as court proceedings approach.

Influences on Witness Perception

In evaluating the evidence obtained from a witness the investigator must consider the Sources of Witness Error:

· Environmental/Situational Factors - distance from the event, visual obstructions, lighting, weather conditions, noise.

· Physical Limitations - eyesight and hearing impairments; limitations on senses of smell and taste;

side effects of drugs and medications.

· Emotional Condition at Time of Event - stress and trauma limit perception and recall, especially among victims mof violent crimes such as assault and rape.

· Prejudice and Bias - can influence perception---”we see what we want to see”.

It is the detective’s responsibility to discover and address these issues during and after the interview in order to determine the Competency and Credibility of the witness and to avoid any future surprises in the courtroom.