NCJ Number
50734
Journal
International Criminal Police Review Volume: 33 Issue: 316 Dated: (MARCH 1978) Pages: 81-86
Date Published
1978
Length
6 pages
Annotation
TECHNIQUES FOR QUESTIONING WITNESSES, SUSPECTS, MINORS, FOREIGNERS, THE MENTALLY DISTURBED, AND THE ILLITERATE ARE PROVIDED IN THIS SUMMARY OF A BOOK BASED ON THE PRACTICAL EXPERIENCES OF A POLICE OFFICER IN SPAIN.
Abstract
ALTHOUGH THE LAWS CITED ARE THOSE OF SPAIN, THE TECHNIQUES ARE APPLICABLE IN ANY COUNTRY. THE ARTICLE DISTINGUISHES BETWEEN POLICE QUESTIONING AND QUESTIONING BY MAGISTRATES AND PUBLIC PROSECUTORS. IT DISCUSSES THE QUALITIES OF A GOOD POLICE QUESTIONER AND THE IMPORTANCE OF A QUIET, SECURE PLACE TO CONDUCT THE QUESTIONING. GENERAL PROCEDURES FOR THE ACTUAL QUESTIONING ARE OUTLINED. ALL QUESTIONING SHOULD BE DONE BY ONE PERSON WITH AN OBSERVER TAKING NOTES ON THE BEHAVIOR OF THE PERSON BEING QUESTIONED. IT IS POINTED OUT THAT WHEN MORE THAN ONE PERSON PARTICIPATES IN THE QUESTIONING, THE SUSPECT BECOMES EITHER CONFUSED OR HOSTILE AND IMPORTANT POINTS ARE OVERLOOKED OR REPEATED MECHANICALLY. POLICE OFFICERS ARE WARNED THAT UNCORROBORATED CONFESSIONS DO NOT PROVIDE SUFFICIENT EVIDENCE TO OBTAIN A CONVICTION IN COURT. CAREFUL QUESTIONING OF WITNESSES IS ESSENTIAL TO COMPLETE ANY INVESTIGATION. HOSTILE WITNESSES, WITNESSES WHO HAVE AN INTEREST IN THE OUTCOME, AND TRULY DISINTERESTED WITNESSES ARE DISCUSSED. THE POLICE OFFICER IS WARNED AGAINST PUTTING WORDS INTO THE MOUTHS OF THOSE QUESTIONED AND IS CAUTIONED ALSO AGAINST REVEALING EVIDENCE. IN SPAIN MINORS MUST BE QUESTIONED IN THE PRESENCE OF THEIR PARENTS OR SOME OTHER CLOSE RELATIVE, AND THIS PARENT OR RELATIVE MUST SIGN THE REPORT RESULTING FROM THE INTERVIEW. FOREIGNERS SHOULD HAVE AN OFFICIAL INTERPRETER APPOINTED FOR THEM. MENTALLY OR PHYSICALLY HANDICAPPED PERSONS SHOULD HAVE A DOCTOR OR RELATIVE PRESENT. THE FINAL SECTION DISCUSSES CAREFUL COMPLETION OF THE INTERVIEW REPORT.