REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY
1. Fear of Reprisal
2. Great Inconvenience
3. Hatred against the Police
4. Bias of the Witness
5. Avoidance of Publicity
6. Family Restriction
7. Bigotry
8. Cultist Indoctrination
STAGES OF HANDLING THE INTERVIEW
PREPARATION
the investigator should review the facts at the crime scene and information
from other sources in order that he would be ready for the questioning
APPROACH
the investigator must carefully select his kind of approach, which maybe a single
kind, a combination of two or the application of all the techniques.
WARMINGUP
This is being done by preliminary or exploratory questions to clear the
atmosphere, promote a conducive ground for cordiality, respect, and trust for each
other.
OGNITIVE INTERVIEW
The subject is now asked to narrate his account without interruption,
intervention or inference
RULES IN QUESTIONING
One Question at a Time
Avoid multiple, complex and legalistic questions. One question at a time is
desired.
Avoid Implied Answers
The nod of the head or any other body language as a response to the
question should be avoided. The answer must be oral, clear, explicit and responsive
to the questions.
Simplicity of Questions
A short simple question at a time is required. Avoid legalistic questions.
Saving Faces
Embarrassing questions on the subject on matters of exaggeration or honest
errors about time, distance and description can be avoided if the investigator will
cooperate with subject to “save his face”.
Yes and No Answers
Do no ask questions which could be answered by YES or NO. It will curtail the
complete flow of information and will lead to inaccuracy.
TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE
Know-Nothing Type
These are the reluctant type of witnesses. They are among the uneducated
and of low level of intelligence.
Disinterested Type
This is the uncooperative and indifferent subject. Their indifference should be
demolished to arouse their interest or be flattered.
The Drunken Type
The style of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject sobered, another interview will
be conducted, confronting him about his disclosures while in the state of
drunkenness. Written statement must be taken during his sobriety.
Suspicious Type
These type of witnesses are suspicious about the motive and actions of the
investigator. The barrier of the suspicions may be removed by sincere explanations
or psychological pressure.
Talkative Type
These are witnesses who are prone to exaggerate, adding irrelevant or new
matters to their narrations. The skillful investigator could prune the unnecessary
matters from relevant ones.
Honest Witnesses
These are truthful and cooperative witnesses where the investigator could
rely upon, with little or no problem in handing them.
Deceitful Witness
These are liar type of witnesses. Let them lie and order them to repeat
several times their narrations. They will be enmeshed in contradictions.
Tiid Witness
They are the shy-type of witnesses. The approach must be friendly and
reassuring confidentiality of their information.
Boasting, Egoistic, or Egocentric Witnesses
They will be good witness because of their ability of expressing their accounts
of the commission of the crime. They are susceptible to add color or importance in
their role as witnesses, probably under-rating the accounts of others.
Refusal to talk Witnesses
These are the most difficult subjects to deal with. The causes maybe trauma,
shock, fear, hatred and others.
Statement Analysis
All complaints and testimonies of witnesses are subjected to the crucible of
truth. Utmost care must be exercised before concluding the culpability of the
suspect.
Complaints and Testimonies be reduced to writing
Complaints and testimonies shall be reduced to writing in the form of
Questions and Answers – never use an affidavit form.
Custodial Interrogation
It denotes the investigation conducted by the investigator on the suspect who
is under his custody.
