A Fearful and Uncooperative Witness at the Crime Scene - Term Paper Example

Introduction

The success of any investigation depends on the accuracy and relevance of the statements obtained from witnesses. Crime investigators rely heavily on the information provided by witnesses, but sometimes they are fearful and reluctant to talk. Regardless of the nature of the witnesses, investigators must try as much as possible to establish facts about the crime scene based on their statements about what happened, and treat them with ultimate dignity and respect. An uncooperative witness is the one that has information about your case, but is unwilling or afraid of sharing it with you. They don’t want any involvement for various reasons such as getting afraid of law enforcement involvement, feelings of guilt and anger for being singled out, reluctant to give personal details and getting worried about retribution from the neighbors and perpetrators of the crime. When such witnesses present themselves at the crime scene, it is up to the crime scene investigator to apply the most effective strategies to obtain reliable evidence by getting the witnesses to open up and share the information (Inbau, Reid, Buckley, & Jayne, 2011). They should be reassured that the investigation is not intended to pass judgment or take any disciplinary action, but just to establish the facts of what transpired at the crime scene. A qualified crime scene investigator can elicit cooperation from this type of witnesses.

Handling of witnesses and evidence

Encouraging potential witnesses to cooperate and provide a statement to give evidence for a trial is considered the most challenging aspect of successful prosecution of crimes. The very first step in handling such a situation is trying to understand why the witness is reluctant and afraid of giving out the information. This will put the crime investigator at a better position to address all the concerns raised by the witness before the onset of the interrogation. The investigator should then ensure that the scene is completely safe for the witness. If it’s the scene that causes the uneasiness, the witness can move to an area that she feels more comfortable and at ease to open up. The handling of the evidence obtained is similar to any form of investigation, and this comprises of all the ethical and legal procedures to obtain a chain of command with the evidence. This evidence should also be traceable to the original person that provided it by keeping records of contact and all that was said, for purposes of credibility and authenticity.

The next move is to provide a concise outline of all the crimes that are being investigated before the witness commits to the interrogation process. The crime scene investigator should maintain the highest level of confidentiality regarding the specific details of the allegations and the particulars of what the witness saw at the scene. This encourages the individual to give information without worrying about their security during and after the investigation process. The investigator should also respect the reasons for non-cooperation because witnesses have a right to decline to be interviewed and he/she can never be forced to speak, or pressured to provide evidence. In such circumstances, the investigator is only required to give all necessary information about the investigation to the witness, and let then decide whether to open up or not. As an investigator, you should be patient, empathetic, have an open mind and don’t assume that they will be uncooperative. Failure to these might push the witnesses further away from cooperation.

Some scholars suggest that investigators should offer uncooperative witnesses anonymity in special circumstances. For witnesses who are afraid of reprisal, adopting this approach helps in collecting more information, something that would not be possible if such witnesses are denied anonymity. However, the credibility of an anonymous witness may be questioned. The offer could also necessitate the investigation of both the employee and the employer because it is hard to challenge evidence obtained anonymously. For this reason, the best solution is to try as much as possible to encourage the witness to speak. Regardless of the reasons for the reluctance, the crime scene investigator should make sure that the witnesses understand his/her obligation to participate in the process (Milne, Shaw, & Smith, 2009).

Eliciting witness cooperation

Witnesses that are unwilling to cooperate but can be turned around are the minority. For this group of people, it is important to approach them differently and in the right way to persuade them to talk. If I am the crime scene investigator, I would first identify with the witness. Establishing a personal connection first could make a lot of difference. Start with a small talk and find a common ground without flattery, as this would cause doubts. One can start a dialogue about more personal subjects like the witness’s place of residence or nationality. Refreshment can also help them feel at ease faster (Ord, Shaw, & Green, 2014).

Be very positive from the beginning and let them know that you appreciate them for taking time to share with you, and let them know that their participation will help you stop similar crimes from happening in future. This elicits empathy towards the interviewee because it shows that you, as the interviewer understand that it is never easy to talk to a stranger in such circumstances. The witness also feels like they are now part of the solution to ensuring that nobody else gets hurt in the same way.

Prepare adequately before undertaking any crime scene interrogation by reading all reports regarding the crime and all the prior information provided by the witness. This step is very vital as it reassures the witness that you don’t intend to waste their time. Never argue with a witness about their uncooperative nature because this doesn’t show your empathy towards them. Instead, let them decide for themselves if they want to provide a statement or not because this gives them some degree of influence and control of the process. They can never be allowed to feel like objects of crime scene investigation, but rather as partakers in the process in their own terms.

Recording statements from fearful and uncooperative witnesses is not easy because they are more unlikely to open up with a tape recorder or when they are asked to write them down and sign. Be kind enough to give the alternative strategies and ask for their permission before adopting any. Try to avoid asking many questions in succession but instead, devise some precise open-ended questions to give the witness an opportunity to engage more in a dialogue or discussion format. During the process, pay attention to every single detail that the witness provides, watch out for other non-verbal cues and avoid asking them to repeat. In other words, practice active listening and avoid looking down too much as you take notes. Alternatively, you can invest in an electronic recording device that can be used later to retrieve the information that could have been missed during the interview. In case you cannot interview the witness in person at the crime scene, a phone interview could work for you, but try as much as you can to acquire the necessary data by applying all possible strategies. For those who cannot narrate the occurrences for being terrified, you ask them to draw pictures that relate to the scene. These can help you analyze the distance, direction and other details that give points of reference for further interrogation (Milne, Shaw, & Smith, 2009).

Conclusion

Seeing a fearful and uncooperative witness at the crime scene should never stop you from getting what you need as an investigator. You should understand that there are many reasons why a witness may decide not to participate in an interview, and approach every situation in an open mind. Nonetheless, it is your responsibility to turn the fear into confidence and the reluctance to cooperation for better results. For this to happen, adopt an empathetic approach that makes the witness relate better with you to facilitate a successful interview.