Interviewing Child Witnesses and Victims Law Enforcement II

Interviewing Child Witnesses and Victims Law Enforcement II

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Plan the Interview Proper preparation includes giving the child the choice of when and where to conduct the interview, the gender of the interviewer, and who will accompany the child Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3

Plan the Interview (continued) Issues to consider – Location » The child needs to feel safe and comfortable » Child-friendly décor without being distracting » A private area devoid of noise » Age appropriate play materials Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 4

Plan the Interview (continued) Issues to consider (continued) – Timing • Take the child’s routines into account when scheduling the interview • Avoid embarrassing them by taking them out of class unless it is necessary – Number and duration of interviews • A single interview is always preferred • Balance the need for justice with the needs of child • Give the child an approximate idea of how long the interview will last • Discuss if breaks will be needed Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 5

Plan the Interview (continued) Tailor the interview to the child by considering the child’s – – – Age and gender Race, culture, religion, ethnicity, and language Cognitive and linguistic abilities Present emotional state Mental and physical health Family composition and living arrangements The nature of his or her relationship with family members Daily routines, bedtimes, meals, baths, etc. Sources of stress Previous involvement with child services Details of previous action taken and support Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 6

Plan the Interview (continued) Influence of the interviewer is important; the child needs support throughout the interview Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 7

Conduct the Interview Building Rapport – Is very important, never omit it – Overcome initial hesitation, unease, or mistrust – Gain understanding of the child’s communication skills and cognitive/linguistic development – Reassure the child that it is not his or her fault Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 8

Conduct the Interview (continued) The Interview Atmosphere – Age, attention span, and rapport building determine the pace – Speak slowly and clearly while allowing for pauses – Speak in a normal tone – Look for fatigue or the need for a break – Begin with general questions as a warm-up – Make them feel safe Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 9

Conduct the Interview (continued) Ground Rules – The child talks and the interviewer listens – The interviewer was not present at the event – Remind the child, • “Even if you think I know, tell me anyway. ” • “It is okay to ask me to re-word or re-ask the question” – Do not give the child answers – The interviewer’s mistakes can be corrected Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 10

Conduct the Interview (continued) Telling the Truth – Make the child aware of the importance of telling the truth – Let the child tell the story in his or her own words – Discuss the difference between the truth and lies, and give concrete examples Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 11

Conduct the Interview (continued) Closure – Summarize the child’s statements – Check with the other interviewers to see if any additional questions are needed – Ask the child if he or she has any questions – Inform the child of the next step in the process – Provide him or her with contact information – Thank the child for his or her time and effort – Give the child time to compose himself or herself Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 12

Juvenile Guidelines Oral statements – Are admissible under Family Code (FC) 51. 095 if the statement tends to establish guilt, such as the findings of secreted or stolen property or instruments used in the crime • The statement is res gestae (made spontaneously and instinctively) • Is made in open court Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 13

Juvenile Guidelines (continued) Written statements – Are admissible under FC 51. 095 if the child is in custody of an officer and, before making the statement, had been taken to a magistrate with a statement packet • The magistrate gives the child the Miranda warning • The officer takes the written statement from the juvenile, but it must be in front of the magistrate • The juvenile voluntarily waives the Miranda rights in the presence of the magistrate • The officer returns the juvenile to the magistrate with the unsigned statement Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 14

Resources • Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) Investigator’s Course http: //www. tcleose. state. tx. us/ • Texas Code of Criminal Procedure and the Family Code http: //www. statutes. legis. state. tx. us/ • Officer’s Interrogation Handbook, Matthews Bender & Company, Inc. , Charlottesville, 2004 • Hamilton, Cheryl. Communicating for Results. Wadsworth, Thomson Learning. U. S. , 2001 • Do Internet search using the following key terms: – Gastonia Officer Shot Witness Interview Part 2 – Nathan’s Interrogation Video Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 15