Criminal investigation methods and procedures

Criminal Justice: Interviewing Reluctant Witnesses

Interviewing reluctant witnesses is a delicate process because, in most cases, the investigator lacks any basis for leverage of the same type available to investigators interviewing criminal suspects, accessories, or co-conspirators. Therefore, the key to a productive and successful investigative interview is to determine the precise reason for the witness's reluctance, to isolate different specific reasons in order to address them individually, and to appeal to the individual's personal psychological and emotional triggers and idiosyncratic sensitivities to facilitate greater cooperation. As always, creating a personal rapport is essential as well.

Specific Interview Questions and Follow-up Questions:

The following approach would be employed to isolate the specific reasons for the witness's reluctance in this case:

"I realize that you're reluctant to talk to the police and I completely understand that; I can't say that I blame you for that. But I'm just trying to understand something if you'll help me. I just want to know how much of this is because you just don't like the police; or how much of this is because maybe you feel that you just don't want to get involved in other people's business."

The following follow-up questions would be used depending on the witness's responses to the initial questions of the investigator:

"OK, I completely understand that. You don't trust the police and you have had some of your own negative experiences with police in the past. I'd probably feel the same way in your position, but I think I'd be able to separate experiences where the police considered you a suspect and this case, where we are just looking for your help as a good person. You may very well have a legitimate complaint against any officers who treated you like that and between you and me and these walls, I have worked with some officers who, unfortunately, might be capable of doing exactly what you say they did. I'm just asking you not to let those bad acts of police officers to hurt another innocent person, the victim of this crime that you could help me solve."

"OK, I completely understand that. You have legitimate concerns about your personal safety. The thing is, a few people in your neighborhood already know that you came down here to talk to me today, right? Well, the way I look at it, you're already in whatever danger from the suspect that you're worried about. Between you and me, if they're as dangerous as you say they are, and I believe you by the way, they're not going to believe that you didn't help us, you know? I'd feel horrible if anything really bad happened to you or to your family because I wasn't able to put these guys away first, and the worst part is that I already know that I could make sure they go away for a very long time, but I can't do it without your help. I need your help to solve my case, but the thing is I also need your help with this for me to help protect you here."

"OK, I completely understand that. You don't want to get involved in other

people's business and I feel the exact same way when I'm outside of this place in my personal life. Let me just ask you this though: if it was your daughter who had been hit by that bullet and your neighbor was the one sitting in that chair and I needed her help to help me put away the guy who did it, would you want her to talk to me as long as I