Role of Information in criminal investigation
When conducting a crime, perpetrators can leave signals that represent valuable information being left behind. This can include eyewitness descriptions, murder weapons, fingerprints, and others. However, Investigators cannot make conclusions based on one type of evidence, so gathering all kinds of information is essential. For instance, gathering information from witnesses and complainants for a ”full picture” of the offense. The information gathered has the potential of being irrelevant, incomplete, inaccurate, or not useful to the investigation, but it still should be collected. In an investigation, information gathering should be performed according to the procedure.
Methods of information gathering: Witnesses and complainants
To gather information from potential crime witnesses and complainants, interviewing, questioning, or interrogating can be used. Interviewing is the first level of information gathering, and it is not limited to the questioning of individuals suspected of committing a crime. It requires investigators to have a mental checklist to prepare for the interview. It usually includes notes in the forms of recording and transcribing. Questioning is the next-level information obtaining procedure and is associated with the availability of circumstantial evidence. Finally, interrogation is the highest-level procedure of information gathering and is applied to individuals who are suspected of unlawful acts.
Approaching reluctant/fearful witnesses and victims
When interviewing reluctant/fearful witnesses and victims, investigators are recommended to encourage witnesses to participate in providing information. It may be necessary to underline the fact that witnesses are obligated to participate. However, establishing a good relationship to gain trust and respect is likely to warm the witnesses and victims to providing information. It may also be helpful to offer note-taking instead of video/tape recording and suggest anonymity for cooperation to provide information in exceptional circumstances.
Hypnosis
Forensic hypnosis can be used as an aid in the investigatory process. It has the potential for allowing witnesses to recall certain facets of crime that they cannot remember without being hypnotized. However, it should be noted that forensic hypnosis is subject to serious objections and can be used on rare occasions. Its key functions in an investigation include the possibility of reconstructing event circumstances, providing a non-guided report of the event, recalling events in a different order, and changing the perspective on the event.
What to do with information obtained from hypnosis
The information obtained from an individual in a hypnotic trance cannot be assumed as accurate. Therefore, investigators may need to consult with a board-certified forensic psychologist or psychiatrist regarding hypnosis appropriateness. Furthermore, any information obtained should be checked thoroughly because there is a need to corroborate the ultimate accuracy of information. Regarding issues of admissibility, Assistant US Attorneys should consider the appropriateness of their inclusion.
References
Jagusch, S. (2019). Cross-examination of fact witnesses: The common law perspective. Web.
The US Department of Justice Archives. (2020). The use of hypnosis – purpose. Web.