Free Essay Example on Witness Protocols & Evidence for Crime Scene Investigators

Introduction

Since its inception, the law has evolved greatly; this is regarding the handling of witnesses and the acquired evidence. Many protocols, rules, and definitions of witnesses have been developed to govern many aspects of criminal investigations, and the way witnesses may testify in the court of law (Mayabi, 2015). As a result, it is crucial for crime scene investigators to understand the concepts as through this, he/she will be able to evaluate their witnesses and the pieces of evidence that are acceptable during the court hearings.

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Handling Witnesses

When handling witnesses, the crime scene investigator, as stated earlier, must ensure that they follow all rules to the later. Firstly, when talking or conversing with the witnesses, the investigator should first try and calm down the witness to ease fear in cases where the crime committed was very serious and traumatizing. Secondly, the investigator should assure the witness of their safety and offer witness protection to them. When witnesses are getting questioned, a show of lack of concern or rather patience will only distance them from providing substantial information and evidence that is likely to be accepted in court. For the sake of the witness, at the crime scene, the investigator should not ask questions that do not link to the crime scene.

This action will avoid people and affected persons questioning the investigator's professionalism. This kind of relationship between affected people (witnesses) and law enforcement personnel at a very important stage of a crime scene investigation is damaging or rather not wise. The goal is to strive always to keep a professional relationship with the victim or witness.

Confidentiality

When it comes to the handling of witnesses, confidentiality is essential. The information being shared during an investigation by the witness is very crucial and fragile. In this case, it is most likely that the court hearing might not go as planned when the other parties know the information. In addition to this, the witness's protection is greatly compromised, placing their lives in danger. Thirdly, discretion enhances trust between the investigator and the witness. With this, there is a free flow of information and communication between the people involved, investigators, and witnesses.

When handling witnesses during an interview, it is crucial and wise for the investigator to develop a plan of action. The development of the plan entails the investigator reviewing relevant data and formulating questions that will help obtain the information required during the court hearing. In regards to the questions being asked, formulating a way to ask questions is as important as developing the questions themselves. The questions, in other words, should not be very complicated. An investigator should make questions easy to understand. In addition to this, the investigator must avoid yes or no questions as this might lead to panic and fear. Instead, the investigator should let the witness explain and narrate the ordeal according to their own words, what they saw and heard. This action will help avoid distortion of information; hence the evidence obtained is first-hand information. With this in mind and a non-threatening approach, the situation is likely to go well.

When handling a witness, it is also important to listen more than you talk. A good investigator should focus on what is being said than how it is said. It is also essential for the investigator to wait until the interview is over to analyze the information and not do so when the witness is giving information. This is made possible by always writing down information as it is from the witness's mouth or recording the person. In addition to this, though it is sometimes recommended to show empathy, one should refrain from showing emotions during the questioning process, including giving personal opinions of the matter, as this jeopardizes the investigation. As stated earlier, the witnesses involved could get the wrong idea about the comment made and conclude you are on the side of the perpetrator.

While note-taking is essential, the investigator should keep it brief while doing so because this enables him /her to keep eye contact with the witness. Engaging all senses during the interview enables them to identify the reactions and the body language of the witness at all times. In conclusion, writing a detailed summary of the interview is extremely crucial, especially when the investigator has interviewed more than one witness on an incident.

Handling Evidence

In a crime scene investigation, shreds of evidence are the most important and valuable aspects since they have the power to convict and vindicate a person. Without solid evidence, it is very difficult to convict a person even if they are truly guilty. To ensure the credibility and safety of the evidence, they should be packed to avoid getting contaminated. Also, labeling is required to avoid mixing up with rest from other crime scene investigations and avoid the case being disputed in court because of the inappropriate handling of proof (Universal Class, 2020). The evidence must be obtained through the crime scene investigation process and in the most law abiding and honorable procedures whereby a pecking order is established. This evidence can be traced to the original person who found it in most cases the crime scene investigator.

Uncooperative Witnesses

In a world of criminal activity, anything could go wrong, and uncooperative witnesses evidence this. Generally, most eyewitnesses are usually part of the criminal activity that has just occurred and tend not to care about the situation at all. In this case, the crime scene investigators usually have to gain substantial forensic evidence to back the case up and seek charges where they are supposed to. In some cases, a subpoena is issued whereby the witness is summoned to court and questioned accordingly. If they are still uncooperative, the judge can sentence them. This decision is in line with them finding the witness with contempt of the court. Although this can happen, it is very rare (Gehl & Plecas, 2017)

While dealing with uncooperative witnesses, a crime scene investigator must first ensure that the scene where the crime was committed is free of any potential danger to this particular witness. If this does not help with the situation, then it is advisable that the investigator and the witness converse in a place where the witness feels safe and protected. If a witness is deceitful, then it is up to the investigator to examine the motives behind the witness lying. It is most likely that once this is determined, the person of interest will also be determined. This will only be possible when the crime scene investigator is very attentive and involves his sixth sense and skills acquired during professional training. In other cases, the investigator is required to use psychological strategies to open up the witness.

One reason for uncooperative witnesses is a lack of clear communication between the witness and the police and a lack of understanding of the witness's investigation process (ANON, 1979 ). The investigator is supposed to explain to the witness three important things; the importance of the interview, how it will be used in the Court of Law, and the expected outcomes. To handle this issue, the investigator should enhance a good rapport between him and the witness and result in good conversation. If there is any point of conflict between the two at any point of contact, it is up to the investigator to make sure the issue is solved avoiding any recurrences.

Conclusion

In the world of crime scene investigation, not everything is bound to go as planned, and many things do go wrong. It is the responsibility of the investigators to take care of their clients (witnesses). Every witness interview is different, but certain patterns of witness rebelliousness can be identified and help the investigator to overcome a resistant witness during an interview. Patience is key when it comes to uncooperative and fearful witnesses because most of them with time might come around. As stated earlier, evidence should be handled with extreme care to avoid mistakes during investigations and the case hearing. A proper chain of custody for that particular evidence should be maintained. A good crime scene investigator should have excellent analytical skills, natural problem solving skills and the ability to work well under pressure and disappointments. One should also pay attention to little details that will enable him/her to spot inconsistencies that are not logical.

The best action an investigator can take in relation to the case is encouraging the witness to take part in issuing of a statement and re-assuring him/her that everything will be okay. In cases where the witness is emotionally damaged, the investigator should enable the individual to access psychological treatment. This will help remove fear hence the witness will open up easily about the crime committed. The most important thing is trust in this situation because once trust is established, then the investigator is assured of the witnesses’ statement.

References

ANON. (1979). NCJRS abstract. National Criminal Justice Reference Service | NCJRS. https://www.ncjrs.gov/App/publications/abstract.aspx?ID=57567.

Gehl, R., & Plecas, D. (2017). Processes, practices and thinking. In Introduction to criminal investigation (1st ed., pp. 50-80). Justice Institute of British Columbia.

Mayabi, C. (2015). Criminal justice. Dealing with uncooperative witnesses (1st ed.). GRIN Publishing.

UniversalClass. (2020). Techniques for handling evidence. UniversalClass.com. https://www.universalclass.com/articles/law/techniques-for-handling-evidence.html.