Witnesses and Victims in Criminal Investigations

Witnesses and Victims in Criminal Investigations.

[Audio] This presentation examines how witnesses and victim testimony supports criminal investigations. We'll cover interview techniques, challenges with reluctant witnesses, and specialized methods like hypnosis, while considering both practical and ethical aspects of obtaining testimony..

[Audio] According to the Legal Dictionary, a witness is a person who testifies under oath at a trial, or in a deposition, regarding experiences of which he or she has personal knowledge. The three types of witnesses are, eyewitnesses, character witnesses, and expert witnesses. Information gathering methods include structured interviews following a set format, cognitive interviews that enhance memory recall, written statements, and field identification. For example, in a bank robbery case, detectives would use cognitive techniques, asking witnesses to mentally recreate the scene and provide detailed descriptions without leading questions..

[Audio] Unlike witnesses, victims have personal stakes in case outcomes and are the ones who suffer harm or loss as a result of a crime (McKee, 2023). They are also the key witnesses who can provide information to the investigators. Reluctant victims may experience trauma responses, fear of retaliation, or distrust in law enforcement. Investigators use trauma-informed techniques, victim advocates, and phased disclosure approaches. In domestic violence cases, this might involve multiple interviews in a safe location, starting with general relationship questions before asking about specific incidents, supported by a victim advocate..

[Audio] Hypnosis is a memory enhancement technique used in investigations to help recall certain events and details. Those conducting the hypnotic questioning should not be part of the investigation. Proper protocols include written records, audio and video recordings of the session, corroborating information with independent evidence, following local admissibility rules, and conducting thorough hypnotic interviews. "Hypnosis continues to be a minor tool in the investigator's repertory. Nevertheless, it can be an effective one. Not only will it save many work hours, but the potential also exists for its use by investigators themselves to enhance their own recall of events or details" (Osterburg, 2019, page. 191, paragraph 8)..

[Audio] Witness and victim testimony forms the foundation of many criminal investigations. Different situations require tailored approaches that balance justice with witness welfare. The field continues to evolve with new research, and proper documentation remains crucial for court admissibility..

References. Legal Dictionary. [Content Team]. (2015). Definition of witness. https://legaldictionary.net/witness/ McKee, A. (2023) Doc’s CJ Glossary. Victim Definition https://docmckee.com/cj/docs-criminal-justice-glossary/victim-definition Osterburg, J. W., Ward, R. H., & Miller, L. S. (2019). Criminal Investigation (8th ed.). Taylor & Francis. https://purdueuniversityglobal.vitalsource.com/books/9780429535338.