In the described scenarios, both witnesses can provide valuable testimony however, the evidence of the eyewitness in scenario one would be given more weight at trial because there is a direct connection that the accused committed the offence through direct evidence, and the court would not need to make any interpretation on the veracity of any circumstantial evidence. In the first scenario, the witness would be classified as an eyewitness but in the second scenario, the witness would be a corroborative witness. In both scenarios, a male suspect is apprehended in possession of a handgun only two blocks away from the scene of the crime. Upon entering the store, he saw the cashier had been shot. He then saw a man running out the front of the store with a handgun in his hand. In the second scenario, the witness is a customer who was walking up to the front of the store when he heard what sounded like a gunshot. She saw the robber walk up to the counter, raise his handgun, and shoot the cashier. This witness was a customer inside the convenience store. In the first scenario, one witness is found at the scene of the crime when the police arrive. For example, consider two scenarios where a young cashier is shot to death during the robbery of a convenience store. An eyewitness is a person who directly saw the criminal event take place, while a corroborative witness is a person who can only provide circumstantial or indirect evidence of the events surrounding the crime. Eye Witnesses and Corroborative WitnessesĪs discussed in previous chapters, evidence can be classified as either direct evidence indirect circumstantial evidence. This is important for several reasons, including that if charges ever go before the court, a judge will also consider these witness types and apply appropriate rules of evidence and levels of probative value to the evidence each type of witness provides. Different types of witnesses will provide evidence from different perspectives, and these perspectives need to be assessed by the investigator to establish the reliability of the evidence provided. Once the identity of a witness has been determined, an investigator needs to establish an understanding of the witness classification. This can be best achieved by viewing a valid photo ID or, in the absence of photo ID, by establishing the witness’ identity through other means, such as police records, confirmation of identity, or verification of identity by a credible third party. Regardless of the reason, it is imperative for an investigator to verify the identity of each witness. The reasons for this deception can vary from actual involvement in the crime to fear of reprisals from the suspect to simply not wanting to become involved with the criminal justice system. It is sometimes the case that persons found as apparent witnesses to an event do not always provide accurate information about their identity. Recognizing dominant witness influences and conformity.Identifying the witness/suspect dilemma.The purpose of this chapter is to discuss the following concepts as they relate to the process of witness management. It is important for an investigator to understand these elements as this allows an investigator to evaluate witnesses and collect witness evidence that will be acceptable to the courts. Witness statements will assist the investigator in forming reasonable grounds to lay a charge and will assist the court in reaching a decision that the charge against an accused person has been proved beyond a reasonable doubt.Īs the law has evolved regarding witnesses, many rules of evidence, definitions, and protocols have developed to govern the way witnesses may testify in court. Witness testimony is the verbal account of events or knowledge of the facts relevant to the crime. “Different types of witnesses will provide evidence from different perspectives, and these perspectives need to be assessed by the investigator to establish the reliability of the evidence provided.”įor any investigation, the details of events provided by witnesses are a critical element of the evidence gathered.
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