Witness

A person who has information about a crime or suspected crime

Suspect

A person (under arrest or not) suspected by the police of having committed a crime.

Testimony

The oral evidence of a witness in court

Accused

A suspect who has been formally charged with a crime

Trier of Fact

The person or persons charged with making determinations of fact in a trial, namely the jury in a jury trial or the judge in a trial by judge alone.

Person of Authority

Anyone that the accused believes could affect the outcome of their case.

Perpetrator

A person who has committed a crime

Informant

A witness who is compensated, either monetarily or by the granting of a privilege such as a reduced sentence, for his or her evidence or role in gathering evidence

MOM

Means, Opportunity, Motive

Subpoena

A formal request, enforceable by the court, for a person’s attendance in court to give testimony

Competence

Being legally permitted to testify (based on the absence of factors such as under 14 years or mental handicap)

Compellability

Being without legal excuse to avoid testifying

Admissibility

The likelihood of a piece of evidence being allowed by the judge to be presented in court

To be admissible it must be

Relevant and Material

Inducement

a promise, favour, threat, or representation made to an accused that can be perceived as an effort to coerce the accused into making a confession.

Relevant

tending to prove or disprove a proposition

Hearsay Evidence

Evidence based not on a witness’s own knowledge but on a statement that the witness has heard from another source.

Opinion Evidence

Evidence that goes beyond a statement of fact to present an opinion or conclusion.

Hypnosis

A technique by which hypnotist purports to put a subject into a trancelike state in which the subject’s responses and actions are under the hypnotist’s control.

Will Say

A formal witness statement prepared for disclosure to the opposing party.

Free Recall

A witness’s uninterrupted narrative of an incident

Context Reinstatement

The establishment of background facts or conditions precedent that help put a statement into its proper context.

Alibi

An account of one’s actions of whereabouts that negates the possibility that one committed a crime.

Inculpatory

A term applied to statements that tend to admit guilt or involvement in criminal activity.

Exculpatory

A term applied to statements that tend to deny guilt or involvement in criminal activity.

Modus Operandi

A person’s characteristic method of carrying out criminal activity.

Caution

A formal warning to a suspect on arrest or before questioning that communicates the suspect’s legal rights to him or her.

Judges’ Rules

A set of rules established by case law that has been relied on by police forces in designing procedures for cautioning and questioning.

Consensual Interview

An interview conducted with the interviewee’s consent.

Voir Dire

A hearing in the absence of the jury to determine an issue such as the admissibility of a piece of evidence.

Cognitive Interview

-Preparation

-Time and Location

-Establishing Rapport

-Context reinstatement and requesting a free-recall statement

-Listening and making notes for subsequent questions

-Follow-up questions and recall-enhancement strategies

-Concluding the interview and getting agreement for further participation

-Formatting the statement for a will-say

Experienced investigators recognize that most suspects’ responses to questioning fall into one of three categories;

1) The suspect, who has simply been waiting for the opportunity, makes a full and honest confession;

AND CAN INCLUDE

When 2 officers are in the room, each is required to

take his or her own notes in their own words

All questions and answers should be recorded

verbatim, including questions intended to clarify ambiguities in the suspects statements

3 Categories for false confessions:

1) Voluntary False Confession

A suspect who has not been arrested has the same right to

refuse to attend a police station or be interviewed as does any other witness.

When asking an at-large suspect to come to a police station, the investigator must specify that

he or she wants to conduct an interview, and also indicate the offence about which the suspect is to be questioned.

Revisiting a scene is a technique often used by investigators of

hit-and-run accidents

If a witness does not comply with their subpoena you can do 3 things

1) Get a material witness warrant

Four Roots of modern interview techniques:

1) Hypnosis

Citizens can be uncooperative for any number of reasons, including

fear of reprisal, ambivalence toward crime in general, fear of notoriety, mistrust of authority, and involvement in the crime

Voluntary witnesses should not be

treated or approached in the same manner as informants

Police can not detain or arrest a witness for

the sole purpose of an interview

KGB

Video Taped Statements

If a witness does not comply with their subpoena you can do 3 things;

1) Get a material witness warrant