Dealing With the Uncooperative Witness - Assignment Example

? Dealing with the Uncooperative Witness First There are certain situations when a witnessto a crime may be unwilling to testify or co-operate with investigators or prosecutors. In a lot of the situations, the main reason for witnesses being uncooperative or becoming unwilling to testify is fear of reprisal from those they are testifying against or their accomplices. This may happen for example when one is giving adverse testimony about a criminal gang or a criminal who has the capacity to harm or injure the witness and/or their relatives (Scroggin, 2011). It may also happen when a witness is unwilling to testify against their relative or other person due to their perceived notion that this may compromise their relationship henceforth. Given such circumstances the investigator has to find ways and means of convincing that witness to agree or find another way to collect the required evidence. Introduction The process of collecting evidence to be used in the prosecution of an offender usually involves collecting evidence from witnesses. Witness accounts are usually by far the best type of evidence in criminal cases as a god truthful witness can be most convincing at a trial. However, when witnesses choose to be uncooperative due to fear or any other type of misgivings, it may make it hard for a prosecution to be successful and may even result in the acquittal of a guilty person or the throwing out of the case on a technicality. It is the investigators’ work to ensure that they get the most reliable and believable witnesses but it is also important that the witness be willing and able to testify in a court of law when called upon to do so. It is therefore the work of the investigator and the prosecution in preparing witnesses for court and also ensuring that their testimony is availed to the judge and jury in the most efficient manner. 1. The investigator’s work is to ensure that all the evidence is presented to a court of law in a way that makes it possible for the correct finding to be made based on facts and evidence presented. One of the prime duties in accomplishing this is the finding, interviewing and preparing of witnesses that will be able to give useful evidence at trial (Shirreff, 2011). This process can be hampered when a witness is reluctant or uncooperative because of what they may perceive as negative impacts of their testifying at a particular trial. The investigator therefore needs to be very careful in their handling of the witnesses by clearly explaining to them the reasons why their evidence is required. The evidence that the witnesses give needs to be handled in a manner that ensures that it is not contaminated either by being influenced by that of other witnesses in the same trial (Bertino, 2011). It is important that the investigator familiarizes himself or herself with the situation of the witness and that all the circumstances in which they have to testify. This needs to be clarified ducting the interview process and be recorded as such to ensure that the witness knows that the investigator is fully aware of what the witness thinks will be the impact of their testimony on himself and others. Such collection of evidence in an orderly and calm composed manner also ensures that the witness feels safe and secure in the trial. It is important the investigator also makes the witness aware of any danger that they may be placing themselves in by testifying and also, more importantly, the remedies that are available in law to mitigate this. One of the paramount duties of the investigator is to protect the integrity of all their evidence including the evidence that is given by the witnesses and in this case it means protecting the witness themselves (Bertino, 2011). 2. There are some ways in which an investigator can ensure that an important witness co-operates with the investigation. One of the most important ways is to reassure the witness that the impact of their evidence is to get the right person imprisoned and also where possible to ensure that the right people are kept out of jail. A witness sometimes need s to have the right perspective on the reason why the prosecution is necessary and why their giving testimony at the trial is required in order to ensure that the guilty party ends up in prison and being prosecuted. This is especially necessary where the witness is unsure about the impact of their evidence. Explaining why the particular piece of evidence that the witness will be giving is necessary for the prosecution of the case is an important way of reassuring a witness who may feel unwilling to testify. In a lot of the cases the witness may be reluctant just because he cannot connect the dots in the case and may not be privy to the finer details of it. A clear detailed explanation, especially where their evidence is supposed to corroborate other parts of the case goes a long way I convincing an unwilling witness. Pointing out other cases where important evidence led to the release of a criminal can also be convincing (US Department of Justice, 2005). When a witness especially is afraid about their safety and that of their family or relatives, such as in a crime that involves hardened or well-known criminals or criminal gangs, it is important to point out to a witness that sometimes, whether or not they testify, the fact they are in the case is fearful enough for the criminal that they make the threats or try to instill fear in them. The witness needs to feel that they have the power in them to put this person away for whatever crime they have committed and that it is their civic and community duty to do so. A reassurance on the safety of the witness after the crime is also one important way to ensure that the witness cooperates. The fact that there are remedies such as witness protection or any other kind of police protection the witness may require available to them is also another way to reassure the witness and allow them to volunteer their evidence and be involved in the prosecution. It is important to reassure the witness that the protection offered by the law and law enforcement is far stronger and more forceful than any threats form a criminal or a criminal gang. Most states have witness protection programs that can be utilized to protect witnesses and their families in cases where their safety may be compromised by their testimony (US Department of Justice, 2005). It is important that the investigator makes all the witness protection options available for the witness known. By thus addressing the grounds that the witness has for not giving evidence the investigator is able to reassure the witness of the need for them to testify. When it comes to other psychological reasons for a witness being reluctant to testify such as losing the respect of his community or ruining a relationship with a loved one it is important to rationally and with an empathic tone to explain the consequences of their not testifying against that person or not giving truthful and complete testimony. It is important that the investigator makes the witness feel that he or she is cared for and that the ability for them to testify and have the guilty person face whichever punishment is fit for the crime they committed is far greater than the guilt that they would have to live with knowing that their timidity and lack of persuasion resulted in a felon not being prosecuted. A lot of the times the witness just needs to be heard and to have his or her fears allayed in a way that is sensitive and shows concern (Copeland, 2011). Failing all this there are also other ways in which a witness can be compelled to give evidence. The prosecutors and judges can compel a reluctant witness to give evidence if there are grounds that warrant it by means of a subpoena (Copeland, 2011). It is therefore important that the investigator makes all this information known to the witness in order to make it possible for the witness to testify as needed. It is also important that the investigator also informs the witness about rules of perjury which makes it possible for a witness to be truthful, knowing that if they give false testimony under the mistaken belief that it will help them. Pointing out that by testifying falsely in order to avoid the wrath of a criminal gang is perjury and that they may end up being jailed or reprimanded for it is also one important way in which an investigator can convince a reluctant witness to give the evidence that they have. Conclusion All in all, when the successful prosecution of a case relies on the evidence of a witness that is unwilling or unable to testify for one reason or another, it becomes the prosecution’s important task to ensure that this evidence is somehow delivered in the court of law. There are also various ways in which the investigators can handle the issue of an unwilling witness and these become necessary when a case or the greater impact of the case relies on this particular witness’ evidence. These include working on convincing the witness to testify and also presenting the evidence in any other format to still try and ensure that the prosecution is conducted successfully. References Bertino, A. J. (2011). Forensic Science: Fundamentals and Investigations 2012 Update. Retrieved August 13, 2013, from http://www.cengagesites.com/academic/assets/sites/4827/bertino_chapter2.pdf. Copeland, W. (2011, August 29). Depositions in Criminal Cases. Retrieved August 13, 2013, from http://www.voiceforthedefenseonline.com/story/depositions-criminal-cases Scroggin, S. Y. (2011, January 3). Reluctant witnesses hamper arrests, prosecution. Santa Maria Times. Retrieved August 13, 2013, from http://santamariatimes.com/news/local/crime-and-courts/reluctant-witnesses-hamper-arrests-prosecution/article_aade1baa-1708-11e0-9ae3-001cc4c002e0.html Shirreff, M. D. (2011, April 3). Handling and Interviewing Witnesses. Retrieved August 13, 2013, from www.cle.bc.ca/PracticePoints/BUS/12-Witnesses.pdf? US Department of Justice. (2005, May). Attorney General Guidelines. Retrieved August 13, 2013, from http://www.justice.gov/archive/olp/ag_guidelines.pdf Read More