Witness Location And Preparation Flashcards Preview

CIC Module 4 > Witness Location And Preparation > Flashcards

Flashcards in Witness Location And Preparation Deck (27)
Loading flashcards...
1

is someone who has first hand knowledge about a crime or significant event through his or her senses (e.g. seeing, hearing, smelling, touching) and can help certify important considerations about the crime or event.

WITNESS/S –

2

_______ provide the chief means by which evidence is offered in a trial. Through witnesses, a party will attempt to establish the facts that make up the elements of his case.

A witness may testify on virtually any matter if the matter is relevant to the issues in the trial and the witness observed or has knowledge of the events to which he is testifying. Witnesses are also used to provide the foundation for documents and other physical evidence.

Witnesses

3

TYPES OF WITNESSES

EYEWITNESS
EXPERT WITNESS
INDIFFERENT WITNESS
INTERESTED WITNESS
HOSTILE WITNESS
CHILD WITNESS

4

- Anyone with any direct knowledge of the incident or who has seen the event first hand is known as an eyewitness.

EYEWITNESS

5

- A witness who specializes in an area of study relevant to a crime. These may pertain to police personnel who may have responded to the scene and conducted the investigation. Medical Personnel who responded to the scene and anyone who subsequently rendered medical care to the victim/s and the suspect/s. Crime Laboratory Technicians such as chemists, medico-legal doctors, DNA analysts, psychiatrists etc.

EXPERT WITNESS

6

- is the best kind of witness for a case because the witness does not have any interest in success or failure of the case. He will always prefer to tell whatever he knows about the case without lying

INDIFFERENT WITNESS

7

- may be a friend, a relative or a potential beneficiary in the case and may exaggerate the fact

INTERESTED WITNESS

8

- he may have close relation or friendship with the suspect and do want to lie to protect the suspect. You may need to interrogate him rather than interview him.

HOSTILE WITNESS

9

- is a volatile witness who does not lie but is prone to the suggestions.

CHILD WITNESS

10

• It is worth to have an eyewitness to support a case but you should also know that his education, technical knowledge, physical condition, profession and emotion influence his observation.
• Don't expect him to tell everything of what happened when the incident took place. He does not observe as what a police officer needs to observe.
• His information is valuable if it ______ to the physical or circumstantial evidence collected. Reconstruction of a case is important to verify the truthfulness of the information of an eyewitness.

corroborates

11

QUALIFICATION OF A WITNESS
“All persons who can perceive, and perceiving, can make their known perception to others, may be witnesses“
•Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification. (18a)

Section 20 of the Revised Rules on Criminal Procedure

12

DISQUALIFICATION OF WITNESS

Sec. 21.Disqualification by reason of mental incapacity or immaturity.
Sec. 22.Disqualification by reason of marriage.
Sec. 23.Disqualification by reason of death or insanity of adverse party.
Sec. 24.Disqualification by reason of privileged communication.

13

Sec. 24.Disqualification by reason of privileged communication.

1. The husband or the wife
2. An attorney
3. A person authorized to practice medicine, surgery or obstetrics
4. A minister or priest
5. A public officer

14

The three major aspects of criminal investigation are

•to identify the PERPETRATOR
• to locate and apprehend the PERPETRATOR
•and to prove his guilt in the court.

15

During the course of investigation an investigator depends on three major tools available to him which are:

Instrumentation
Information
Interview and Interrogation

16

- helps him to identify or eliminate a suspect by the use of scientific technology thereby analyzing the collected physical evidences

Instrumentation

17

- intelligence to identify, locate and apprehend him.

Information

18

- plays major role in investigation whenever there is little or no physical evidence.

Interview and Interrogation

19

-are conducted with people who have a familiarity with the case, but are not suspects themselves, typically witnesses or friends and family members of the victim and or suspects.

INTERVIEW

20

-conducted on someone suspected of actual involvement in the crime.

INTERROGATION

21

Types of interview

Structured
Unstructured

22

is when interviewer has a series of questions written down on a piece of paper, and the process involves asking those questions verbatim and then noting the answers given.

A structured interview

23

is one where there may be a script to get the process started, but once the interview gets going the interviewer will start to follow her own points of interest and stop following any script.

helps in examining specific points that may not have been clarified but is still relevant to the case

An unstructured interview

24

•It is easier to find out how a witness performs under pressure

•It is possible to explore statements that may come up during the course of the interview that the interviewer may not have been expecting.

Unstructured interview

25

Allows the investigator to find out exactly what it needs to help quickly determine if a witness should move on to the next level of the interview process.

Takes the pressure off of the interviewer as he will know exactly what to ask next.

Is an effective tool for the initial interview in the investigation process. It can help to weed out witnesses that do not have the necessary qualifications.

Structured interview

26

Interview Techniques

Be prepared
Pay attention
Actively listen
Follow procedure
Find privacy
Bond with interviewee
Make the deponent feel relaxed/ at ease
Do not allow the deponent to be coached
Ask questions appropriate for deponent’s age
Do not put words into his mouth
Verify answers to questions already addressed

27

Interrogation Techniques

Initial Rapport Building
Open Discussion
General Questions
Focused Questions
Extracting More Information
Finishing The Interrogation