Witness Statements TAKING EFFECTIVE WORKBOOK. H Lochner

Transcription

1 The book also delves into how a witness should be prepared before a statement is taken, actions by the interviewer and observations during statement taking. Body language and different methods to approach a witness are discussed as well as the goals of interviewing a witness for the purposes of obtaining an effective statement. Taking Effective Witness Statements focuses on different forms of witness statements and deals with: requirements for a good statement characteristics of a good statement practical layout and format of a statement language in which a statement is taken mistakes made by investigators when writing a statement professional aspects that investigators must satisfy to meet requirements. ESSENCE TAKING EFFECTIVE Witness Statements WORKBOOK H Lochner ESSENCE Taking Effective Witness Statements is a practical book which covers crime scene and forensic investigations. Crime investigations, and the purposes and goals thereof, are discussed and explained with reference to the role of witness statements in such investigations.

2 Taking Effective Witness Statements Hendrik Thomas Lochner ND Police Administration, DEC (1987) ND Security Management, TSA (2003) B-Tech Policing, TSA (2002) B-Tech Security Risk Management, UNISA (2005) M-Tech Forensic Investigation, UNISA (2007)

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4 The Investigation of Crime THEME 1 Read Chapter 1 of Taking Effective Witness Statements 1. OUTCOME After studying this chapter you should be able to: understand the ethics of criminal investigation give a short description of the origin of criminal investigation understand the meaning of criminal investigation know the aims of criminal investigation list the characteristics of a good investigator describe the duties of investigators and the aim of criminal investigation. 2. QUESTIONS 2.1 Define the ethics of crime investigation. 2.2 Complete the following sentence: The investigator s conduct must be ethical at all times and must stand the tests of [7 points]. 2.3 Name three causes of unethical conduct. 2.4 How does unethical conduct manifest in practice? 2.5 Name the principles that should be taken into consideration to achieve the aims of criminal investigation. 2.6 What is meant by criminal investigation? 2.7 Give the definition of investigator. 2.8 A competent investigator should have specific skills. Name these skills. 2.9 List the most important characteristics of an investigator List the duties of the investigator Discuss how an investigator should participate in the prosecution process Discuss the administrative duties and responsibilities which the investigator must perform once a case has been finalised in court Complete the following sentence: Ethical conduct involves more than merely Elaborate on the definition of a competent investigator. Theme 1: The Investigation of Crime 1

5 3. GROUP DISCUSSIONS 3.1 Investigators should always strive to achieve the aims of criminal investigation by bearing in mind the following principles. Select the correct column. A B C D Systematic Individualisation Direct evidence The contact principle Seek the truth Seek the truth Not seeking the Seek the truth truth Locard s principle Exchange Identification Exchange principle principle Individualisation Disorderly Locards s principle Identification Object traces Eyewitnesses Systematic Circumstantial evidence Subjective traces Subjective traces The cellphone Trace evidence principle Lochner s principle Locard s principle Trace evidence Disorderly 3.2 Match the information in column B with the information in column A. Column A Characteristics of an investigator Duties of an investigator Competent investigator Objective traces Subjective traces Criminal investigation is described as Ethical conduct is Unethical conduct is Column B To understand modus operandi Persons indirectly involved Logical and critical Misleading presiding officers Indirect evidence To determine which crime was committed Systematic search for the truth Doing the right thing 3.3 Complete the following definition: The ethics of crime investigation can be defined as the normative study of and human. 2 Workbook: Taking Effective Witness Statements

6 3.4 Say whether the following statements are TRUE or FALSE. a. The main culprit in unethical conduct is pressure on investigators to make more arrests. b. An investigator s conduct will be ethical if it can stand the test of honesty, accuracy and objective discretion. c. Locard s principle is also known as the cellphone theory. d. It is the responsibility of the crime scene investigator to determine which crime was committed. e. It is not necessary for the investigator to participate in the prosecuting process. Theme 1: The Investigation of Crime 3

7 THEME 2 Interviewing Witnesses 1. OUTCOME Read Chapter 2 of Taking of Effective Witness Statements After studying this chapter you should be able to: identify the role of a witness and the different types of witnesses know the aim of interviewing a witness understand the preparation and guidelines for interviews observe the non-verbal communication of a witness. 2. QUESTIONS 2.1 Give a legal explanation of what is meant by a witness. 2.2 Name the different legal classifications of witnesses and give a brief description of each. 2.3 Name the three basic requirements for a witness to be regarded as dependable. 2.4 Explain briefly why someone would be regarded as a witness when a crime has been committed and what they could testify about. 2.5 Summarise what you understand by an expert witness. 2.6 Give a concise definition of an expert witness. 2.7 Name the two types of expert witnesses that are recognised in South African law and briefly discuss each one. 2.8 Identify the requirements that a presiding officer will take into consideration for a witness to qualify as an expert witness. 2.9 List the important words that appear in the definition of an interview Name the general attributes of an interview List the most important aims of interviewing a witness The success of the investigator depends on how well he or she plans and structures the witness interview. Explain what the investigator will be able to determine through such an interview A well-planned, well-structured interview will also bring to the fore additional facts and information. Name these facts and information The importance of properly planning a witness interview is often ignored or sometimes misunderstood. Identify the aspects that should be addressed in the planning phase before interviewing a witness. 4 Workbook: Taking Effective Witness Statements

8 2.15 Investigators should take time to prepare themselves before conducting a witness interview. What does this personal preparation entail? 2.16 Name the background information about a witness that an investigator should check and obtain Which sources can an investigator use to obtain background information about a witness? 2.18 How will a detailed background check on witnesses help the investigator to plan and structure the witness interview? 2.19 Write a paragraph about the privacy of the witness and the venue where the witness statement should be taken. 3. GROUP DISCUSSIONS 3.1 Make a list of what you would include in a background investigation of a witness before you conduct an interview with him or her. 3.2 Create a list about the different sources of information an investigator could consult or use to obtain background information about a witness. Theme 2: Interviewing Witnesses 5

9 THEME 3 Preparation and Actions during the Witness Interview 1. OUTCOME Read Chapter 2 of Taking Effective Witness Statements After studying this chapter you should be able to: understand the preparation and guidelines for interviews understand the aims of building a good rapport know the different types of questions that can be asked to elicit information from the witness and what these questions entail have a good knowledge of the methods used to structure the sequence of questions understand and know the importance of note taking during the interview. 2. QUESTIONS 2.1 Mention the aspects that could influence the way a witness communicates with the investigator during an interview. 2.2 List the factors that will make an investigator a good listener. 2.3 Name the passive listening techniques that would encourage conversation between the investigator and the witness. 2.4 List three pitfalls which an investigator should avoid during an interview with a witness. 2.5 Summarise the guidelines for ensuring good communication if the investigator will be conducting a witness interview. 2.6 Which aspects should the investigator bear in mind about his or her own conduct if the investigator wants to build a good rapport with the witness? 2.7 What are the aims of building a good rapport with a witness? 2.8 List the practical guidelines to build a good rapport with the witness. 2.9 Name some of the important aspects an investigator must remember and do during the witness interview Explain the purpose of opening questions during an interview with a witness List the different types of questions that can be used during an interview to elicit information Name the methods an investigator could choose from to structure the sequence of questions that would best suit the circumstances. 6 Workbook: Taking Effective Witness Statements

10 2.13 Summarise what you understand by explorative questions which an investigator could ask to elicit information from a witness List the aspects that should be covered when reflective and summarising questions are asked List the key words and phrases that should be mentioned in a discussion of repetitive questions Mention the reasons why closed questions are asked to elicit information from a witness Say whether the following statements are TRUE or FALSE: Opening questions do not apply to the merits of the case The inverted funnel method is used when there is little time available for interviewing Opening questions are asked early on in the interview as they form the basis of the information which the witness will provide The disadvantage of the tunnel method is that the final information or facts obtained have gone through a filtering process Open-ended questions are asked in situations where the investigator has direct contact with the public The hourglass method allows the investigator to search for, sift and check information at the end of the interview Open-ended questions are not asked in a specific sequence Hypothetical questions do not encourage witnesses to state their opinions Focus questions are asked based on the evidence found on a crime scene To build a good rapport involves placing the witness at ease and winning his or her respect List the important aims of note taking during an interview with a witness An investigator should never conclude an interview without doing certain things. Name these things List the key aspects that should be considered when children and victims of sexual crimes are interviewed. 3. GROUP DISCUSSION 3.1 Create a checklist to describe what makes an investigator a good listener. 3.2 Pinpoint the most important self-evaluation questions which the group regards as essential to determine whether the questions asked during the witness interview are effective. Theme 3: Preparation and Actions during the Witness Interview 7

11 THEME 4 Witness Statements Read Chapter 3 of Taking Effective Witness Statements 1. OUTCOME After studying this chapter you should be able to: understand what a witness statement is differentiate between the different types of statements know what must be included in an investigator s statement have a good knowledge of the aims of a witness statement during different phases of the investigation understand how witness statements are used during the different stages of criminal investigation. 2. QUESTIONS 2.1 Give your own definition of a statement. 2.2 Which aspects will be included in a comprehensive witness statement? 2.3 Name the different types of witness statements. 2.4 What is a warning statement and what are the essential requirements for a warning statement? 2.5 The investigator is also a witness and his or her statement is of paramount importance in the investigation. The investigator s statement must contain certain facts and meet specific requirements. List these requirements. 2.6 The description of physical evidence in the investigator s statement eliminates confusion during the investigation. What must this description include? 2.7 List the different aims of a witness statement that is obtained for the purposes of a criminal investigation. 2.8 List the different aims of a witness statement that is obtained for use in a criminal court. 2.9 Mention the professional requirements that must be met by investigators who are responsible for taking sworn witness statements List the differences and similarities between sworn and affirmed witness statements. 8 Workbook: Taking Effective Witness Statements

12 3. GROUP DISCUSSION 3.1 Discuss the checklist for the investigator s statement. 3.2 Discuss the professional requirements for investigators who have to take sworn witness statements. Theme 4: Witness Statements 9

13 THEME 5 An Effective Sworn Witness Statement Read Chapter 4 of Taking Effective Witness Statements 1. OUTCOME After studying this chapter you should be able to: understand the general requirements for an effective sworn witness statement understand the technical requirements for a sworn witness statement understand the content requirements of a sworn witness statement. know how to administer the oath and do the certification of a sworn statement. 2. QUESTIONS 2.1 What are the biggest and most common mistakes when taking witness statements? 2.2 Name the administrative and grammatical defects in sworn witness statements. 2.3 Name the most important ways in which defects in statements can be overcome. 2.4 List the facts that must be taken into consideration regarding language use when taking a sworn witness statement. 2.5 List the general requirements for a complete, well-organised and professionally written sworn witness statement. 2.6 Explain accuracy as one of the general requirements for a complete, wellorganised and professionally written sworn witness statement. 2.7 Explain the Wx5+Hformula. 2.8 List the technical aspects that are important in the format of a sworn witness statement. 2.9 Mention the information about the witness that must be included in the preamble to the sworn witness statement What information should be recorded in the body of a sworn witness statement? 2.11 Name the steps that should be followed when administering the oath or affirmation. 3. GROUP DISCUSSION 3.1 Name the defects in witness statements. 10 Workbook: Taking Effective Witness Statements

14 3.2 Place the words below in the appropriate column, using these three column headings: Handy hints to overcome defects in statements General requirements Technical requirements Accuracy Completeness Comprehensiveness Conciseness Culture First person Format consistent throughout the organisation In writing Language Legible handwriting Logical and chronological order Objectivity Paper Paragraphs Sign and date The use of a dictionary Theme 5: An Effective Sworn Witness Statement 11