Chapter 5 Flashcards
While interviewing is primarily for the purpose of gaining information, this is the process of testing that information and its application to a particular suspect.
Interrogation
At the outset of the interview, the person to be interviewed must satisfy three requirements of being a witness:
1) presence
2) consciousness
3) attentiveness to what was happening
There are four commonly recognized objectives in the interrogation process. They are:(4)
1) To obtain valuable facts
2) To eliminate the innocent
3) To identify the guilty
4) To obtain a confession
Police officers conduct interviews in a number of situation. The most common is the:
On-the-scene interview
Interviewing and Interrogation
To begin the preparation, the interrogator should review the following:
1) the offense report,
2) statement of witnesses,
3) laboratory reports,
4) all file information pertaining to the suspect, and
5) other related data.
It is also essential to know all the elements of the offense involved.
Interviewing and Interrogation
It may be wise in most circumstances to interview this type of witness first:
Honest and cooperative
This refers to a witness’s personal qualifications for testifying in court. This must be established before a witness is permitted to give any testimony.
Competency
Among the factors an investigator must evaluate in determining the competency of a witness are: (5)
1) age
2) level of intelligence
3) mental state
4) relationships to individuals involved in the case
5) background characteristics
The following response strategies provide a foundation for addressing witness intimidation:
1) Form multi-agency partnerships
2) Strengthen ties between pleasing community
3) Minimize the risk of witness identification when reporting crime or offering statements
4) Reducer the likelihood of contact between witnesses and offenders
5) Transport witnesses to and from work and school
6) Keep witnesses and defendants separate at the courthouse
7) Relocate witnesses. It is unusual for offenders to travel outside their neighborhood to intimidate witnesses
What actions that can be taken to deter intimidators?
1) admonish intimidators
2) request high bail and no contact orders
Research indicates that this is the most unreliable form of evidence and the cause of more miscarriages of justices than any other method of proof?
Eyewitness testimony
Experts distinguish a number of factors that limit a person’s ability to give a complete account of events or to identify people accurately: (6)
1) The significance or insignificant of the event
2) The length of the period of observation
3) Lack of ideal conditions
4) Psychological factors internal to the witness
5) The physical condition of the witness
6) Lack of familiarity with members of another race or ethnic group
It has been estimated that _________% of all people will confess to a crime.
80%
Type of Confession Documentation (in descending order of Believability to Juries):
1) Electronic Video-audio tape or movie
2) Audio recording
3) Statement written and signed in suspect’s own handwriting
4) Typed statement signed by the suspect
5) Typed unsigned statement acknowledged by the suspect
6) Testimony of someone who heard confession or admission given
There are two basic categories of people who tend to confess to crimes: (2)
1) guilty parties who need to get it off their chest
2) persons not guilty but have some urge to confess