UNCOOPERATIVE WITNESS -- TRAINING KEY NO 270

• NCJ Number: 57567
• Author(s): ANON
• Date Published: 1979
• Length: 6 pages
• Corporate Author: International Assoc of Chiefs of Police
• Publication Format: Document
• Publication Type: Training (Handbook/Manual)
• Language: English
• Country: United States of America

Annotation

LACK OF WITNESS COOPERATION FRUSTRATES MANY POLICE OFFICERS. THE CAUSES OF THIS NONCOOPERATION ARE DISCUSSED AND TECHNIQUES TO GAIN COOPERATION ARE EXPLAINED.

Abstract

CERTAIN WITNESSES ARE RELUCTANT TO VOLUNTEER INFORMATION OR COOPERATE IN ANY WAY WITH THE POLICE. WITNESS RELUCTANCE MAY BE RELATED TO THE BELIEF THAT GREAT INCONVENIENCE WILL OCCUR BY BECOMING INVOLVED IN A POLICE INVESTIGATION AND SUBSEQUENT COURT PROCEEDINGS. THE SLOW PROCESS OF INVESTIGATION, APPREHENSION, AND COURTROOM TRIAL UNDOUBTEDLY DETERS MANY WITNESSES FROM COOPERATING WITH THE POLICE. POTENTIAL WITNESSES MAY REFUSE TO COOPERATE BECAUSE OF A BELIEF THAT SUCH EFFORTS WILL BE FUTILE. TO OVERCOME THIS ATTITUDE THE POLICE OFFICER MUST CONVEY A POSITIVE ATTITUDE TO THE WITNESS ABOUT THE INVESTIGATION'S IMPORTANCE AND THE ROLE OF THE CRIMINAL PROCESS. SOME WITNESSES LACK FAITH IN THE POLICE; TO GAIN THE COOPERATION OF THESE PERSONS, THE POLICE OFFICER MUST CONCENTRATE ON AVOIDING FURTHER ALIENATION. TOWARD A WITNESS WHO SHOWS FEAR, THE OFFICER SHOULD INDICATE AN UNDERSTANDING OF THIS CONCERN AND OUTLINE DEPARTMENTAL PROCEDURES TO PROTECT THE WITNESS'S IDENTITY. THIS CAN BE DONE BY DOWNPLAYING THE IMPORTANCE OF THE WITNESS'S ROLE IN THE CASE, OR IF HIS COURTROOM TESTIMONY IS NOT NECESSARY, BY TELLING HIM THAT HIS TESTIMONY WILL BE KEPT CONFIDENTIAL. THE CAUSES OF A DESIRE NOT TO TESTIFY USUALLY ARE LACK OF CLEAR COMMUNICATION BETWEEN THE POLICE AND THE WITNESS, WITNESS LACK OF UNDERSTANDING OF THE INVESTIGATIVE PROCESS, AND THE PRESENCE OF CONFLICTING VIEWPOINTS BETWEEN THE OFFICER AND THE WITNESS. IN DEVELOPING COOPERATION, THE OFFICER SHOULD EMPHASIZE THE PURPOSE OF THE INTERVIEW, WAYS IN WHICH THE INFORMATION WILL BE USED, AND EXPECTED RESULTS FROM THE INTERVIEW. ANOTHER PROBLEM IS THE WITNESS WHO DELIBERATELY ATTEMPTS TO IMPEDE THE INVESTIGATION BY LYING. THE OFFICER MUST EXAMINE THE MOTIVES BEHIND SUCH BEHAVIOR AND TRY TO STIMULATE TRUTHFUL RESPONSES. ALTHOUGH EACH WITNESS AND INTERVIEW IS DIFFERENT, SUFFICIENT PATTERNS OF WITNESS NONCOOPERATION ARE IDENTIFIABLE TO ENABLE THE OFFICER TO OVERCOME RESISTANCE BY A WITNESS DURING THE INTERVIEW. FOOTNOTES ARE INCLUDED. (STB)