Animal Cruelty Investigations. Группа авторов

Чтение книги онлайн.

СКАЧАТЬ style="font-size:15px;">       Who did she call on her cell phone?

       Because the witness disclosed that they work at a bank, the investigator can follow up with the business to review security footage of the parking lot on the date and time of the incident.

      It is important to note that this witness is not going to know why the suspect was harming the dog, so it is not necessary for them to speculate on this. The value of this witness is their detailed account of what happened and not why. The statement above should serve as a foundation for the interviewer to pose additional, more detailed questions about the length and type of leash the witness saw, any particular words they could hear the suspect yell, and who else might have been present in the parking lot or seen this incident through the bank window.

      You should not expect that any one interview will provide all the information you need to finalize an investigation. On the contrary, the most valuable interviews provide information that guides you to more sources of information and additional witnesses. In the case above, knowing the witness worked at a bank that most likely collects round‐the‐clock surveillance video footage pointed the investigator to a recorded account of the incident for analysis.

5.6 Suspect Interviews

      The importance of setting the subject at ease, establishing rapport, and building trust is no less important when the subject is the investigation's suspect than when they are a witness. While the ultimate goal of the suspect interview might be to obtain a confession, this should not be the driving motivation when structuring the interview. There may also be times when an investigator is faced with interviewing a suspect in a case in which it is seemingly obvious, due to the other evidence at hand, that the individual most certainly committed the crime, but this decision may only be made by the courts and the duty of the investigator to interview the suspect with integrity and impartiality remains unchanged.

      After you have introduced yourself, established rapport, informed the suspect of their rights, and explained why they are being interviewed and what to expect, it is time to allow the suspect to provide you with their account of the incident at question. Begin by posing an invitation to tell their story and allow them time to collect their thoughts. Try not to interrupt or ask clarifying questions during the suspect's narrative, allow them to pause to gather their thoughts as needed, and resist the urge to fill their silence with questions. As the suspect offers you their story, you will most likely identify pieces you will want to examine more closely. Once the suspect has said their piece with minimal interruptions, it is time for you to pose clarifying questions, introduce evidence or elements of the investigation that the suspect may have left out of their account, and address any blatant misinformation. Even when digging deeper and posing questions that may cause discomfort for the suspect, remember to ask questions in an open‐ended way and treat the suspect with respect. Your job is to probe and challenge the suspect's account, as needed, while striving for accuracy and truthfulness.

In cases with multiple suspects, interview each suspect separately, if possible, and clarify any “we” statements made during the interview. It is important to document each suspect's individual culpability for the violation you are investigating. Ask direct questions about their participation in the incident or role in the care of the animal. If a suspect continues to use “we” statements in discussing the circumstances leading to the alleged violation, try to narrow your questions in order to get a statement that does not involve other suspects. For example, if an emaciated dog is discovered in the care of three brothers who live together and one of the brothers responds to your questioning, “We all were in charge of buying the dog food.” You should then ask clarifying questions like, “When was the last time you bought the food?” or “When was the last time you fed the dog?” Ensuring that you have statements specific to each suspect's involvement in the situation is crucial for prosecutors in a case with co‐defendants.

5.7 Reading Body Language and Detecting Deception

      You have likely watched television shows in which highly trained detectives identify a murderer based on the way the suspect glances to the left or purses his lips during a critical point in the interrogation. The science around micro expressions as an indicator of deception has connected minute changes in eye movement, respiration, or mouth movement to lying and deception. A less scientific understanding of body language can be beneficial to investigators, without extensive specialized training, if you think about it as the physical cues a person's body transmits in response to stimuli. An individual displays body language when the stimuli they are interpreting is pleasant or unpleasant. When assessing body language, pay attention to not just the way the person carries themselves, but also look for changes in pitch and speech patterns, eye contact, and the words they use. In response to a pleasant conversation a person will lean forward, nod in agreement, stay on the subject, and usually speak in complete sentences. If a conversation is unpleasant, the subject may display a more closed‐off stance, shift their weight, and even turn away partially or fully from the speaker. They may gesture in a more exaggerated fashion than the situation calls for, their voice assuming a higher pitch. They tend to stutter, give incomplete answers, change the subject, or draw others into the conversation. A subject's body language may be relaxed and open at the beginning of an interview, and then begin to display signs of discomfort as the questioning continues. Do not assume this is always a sign of guilt, but be alert to changes in body language that can inform your strategy and result in a more productive interview.

      It is helpful to make note of significant body language cues when writing your report after the interview. If the subject suddenly clenches their fists and turns away from you during questioning, this is a significant change in behavior that should be recorded [18].

5.8 Confessions

      When a suspect confesses to neglecting, killing, or otherwise harming an animal, they are taking responsibility for their actions. When possible, an investigator should request the suspect to submit a signed statement, which, along with their confession, outlines the suspect's actions, and identifies their motive. Confessions are useful, but only if the confession is the truth. There are multiple reasons a suspect may choose to confess to committing a crime before, during, or after an interview. In some cases, the suspect may be overwhelmed with remorse and guilt for their actions. They may know the evidence you possess against them is insurmountable. There are also reasons a suspect may offer up a false confession. They may be protecting someone else or trying to create a diversion from additional crimes.

5.9 Ending the Interview

      If at any time during an interview the subject voices a desire to seek counsel, have their attorney present, or otherwise engage legal advisement, a law enforcement officer must stop the interview immediately and cannot arrange for further questioning until the subject has had an opportunity to obtain counsel. Make sure you have a clear understanding from the prosecutors you work with what actions or words suffice as a request for counsel. This is a constitutional right and courts construe what constitutes a request for counsel very broadly.

5.10 Documenting the Interview

      All interview notes must include the subject's name, address, and contact information. Record the date, time, and location of the interview as well as the names and addresses of any other individuals present during the interview. While audio or video recording is the most accurate and desirable method for collecting and preserving the information gained during an interview, it may not always be practical or possible. When relying on your notes and recollection of the interview, it becomes even more important that your interpretation of the information provided by the subject is accurate. Ask clarifying questions and repeat the subject's statements back to them to check for СКАЧАТЬ