A Calculated Conversation
In the law enforcement profession, one of the many vital aspects of any investigation is credible witnesses and corroboration of what those individuals say. Law enforcement must possess the skills and knowledge to accurately evaluate a witness's credibility and utilize techniques to obtain the most helpful information possible.
First Words
Interviewing a witness is very different than interviewing a suspect, according to Department of Criminal Justice Training Instructor and St. Matthews Police Officer Deborah Marasa.
“The crime or the circumstances (will dictate) how you discuss the elements of the incident with the witness,” she explained. “A witness is also different from a victim, but you still must build rapport and trust. Find some common ground and make that person feel comfortable. Use open-ended questions.”
Interview Styles
An officer can employ various interview methods based on the individual they are speaking with and that person’s connection to the incident in question, Marasa said.
A basic interview can be conducted, or an officer might utilize cognitive interviewing techniques to trigger recall based on the five senses—specifically, things they didn’t initially realize were important. What did they taste, see, hear, smell or touch? What was said? Was it cold or hot?
“A person’s brain may file information away that may seem unimportant. For example, a person might be involved in a bank robbery where they’re put on the floor. They might have been so stressed that they can’t remember the facts. That does happen. But if you can put that person back (in that moment) by asking if there was something they smelled? Was there anything else they noticed while they were on the floor? You may be able to get that witness to remember something they associated with a certain smell, sound, etc.”
Reception and False Memories
Marasa said she had never encountered resistance to cognitive techniques. However, having someone relive certain moments could be difficult depending on their role, especially if they were the victim.
Memory and perception can be fallible, and understanding these limitations is crucial. Witnesses may genuinely believe they are providing accurate information, but their recollections may be flawed.
“You accept the information regardless, “said Marasa. “Victims don’t always remember things in order, and you don’t want to lead them. Don’t present them with (possible information) or the information you want. You want them to just think about it. It’s okay if they are wrong because we must corroborate it anyway.”
What About Children?
Handling a case where children are involved requires special skills and efforts throughout to ensure no additional trauma is inflicted on the child—specifically when it comes to interviewing and collecting information from one so young.
According to Jim Root, a former DOCJT instructor who spent much of his police career assigned to a crimes against children unit, state protocol indicates the preferred method of interviewing children who are victims of, or witnesses to, crimes is through the use of a Children’s Advocacy Center with forensic interviewers, specifically trained to work with the young.
“Child interviewing is fundamentally different because children don’t think like adults,” Root explained in a previous interview with Kentucky Law Enforcement magazine. “They don’t think in a linear fashion. Children think in times, dates, seasons, their birthdays, or whose class they were in. So, when you ask them questions, it can’t be in the standard interview format of who, what, when, where and why. You never ask why. It doesn’t matter, and it implies blaming the victim. You never want to do that.”
Questions should always be non-leading and non-suggestive, as the goal is to get as much information as possible through unbiased, free-flowing and open-ended answers.
“It has to be about the child first and foremost. No matter what question you ask, you don’t retraumatize the child,” Root added.
For information regarding DOCJT’s Interview and Interrogation class and other offerings, view the 2024 course schedule book.
