How Lawyers Investigate and Interview Witnesses in Criminal Cases

How Lawyers Investigate and Interview Witnesses in Criminal Cases

When a crime happens, lawyers gotta figure out what went down. That means they gotta talk to anyone who saw stuff–the witnesses. Interviewing witnesses is super important to build a case. This article explains how lawyers dig for the truth.

Finding Witnesses to Interview

First things first, lawyers gotta find people to interview. Here’s how they track down witnesses:

• Talk to the police – Cops usually interview witnesses first. Lawyers can get witness names from police reports.
• Ask the client – If the lawyer’s defending someone, the client may know witnesses who were there.
• Canvas the area – Lawyers or investigators will go where the crime happened and ask around to find witnesses.
• Check surveillance cameras – Lawyers review footage from security cameras, ATMs, etc to spot potential witnesses.
• Subpoena records – Phone records, credit card receipts, and stuff can show who was around during the crime.

Once the lawyer has witness names, it’s time to set up interviews. This is where things get tricky…

Interviewing Witnesses

Interviewing witnesses takes skills. Lawyers gotta extract the truth from witnesses who might be biased or mistaken. Here’s how they do it:

1. Build rapport – Get the witness comfortable by being friendly. But don’t get too casual, stay professional.
2. Ask open-ended questions first – Get witnesses talking with broad questions like “What did you see?” before narrowing in.
3. Listen closely – Pick up on what witnesses imply but don’t say directly. Follow up on odd details to dig deeper.
4. Watch for red flags – Liars often fidget, avoid eye contact, or get defensive. But don’t assume, just be alert.
5. Nail down the details – Have witnesses sketch the scene, examine evidence, pinpoint locations, etc. Details help verify accounts.
6. Press gently on inconsistencies – If witnesses contradict themselves or others, politely point it out. But don’t badger.
7. Review testimony – At the end, summarize the main points and ask if you got it right. It locks in their story.

Lawyers have to walk a fine line during interviews. They want to get at the truth while avoiding accusations that they manipulated or intimidated witnesses.

Following Up After the Interview

The lawyer’s job doesn’t end when the interview does. Next steps include:

• Review notes and make detailed memos on each interview while it’s fresh.
• Analyze how each witness account fits with other evidence and testimony.
• Determine which witnesses to put on the stand at trial.
• Try to fill any gaps by investigating further and interviewing more witnesses.
• Subpoena reluctant witnesses to compel them to testify.
• Prep cooperative witnesses on courtroom procedures and potential cross-examination tactics.

Lawyers also research witnesses’ backgrounds to dig up dirt for impeachment. It ain’t pretty, but it’s part of the business.

Special Interview Considerations

Certain witnesses present special challenges and require extra care when interviewing:

Child Witnesses

Kids think differently than adults, so lawyers must:

• Avoid suggestive or leading questions.
• Check that kids understand the questions.
• Let kids give answers in their own words.
• Use props, drawings, toys, etc to help kids open up.

Judges may allow kids to testify remotely or with a support animal to reduce stress.

Eyewitnesses

Eyewitness memory can be unreliable. Lawyers should:

• Ask open-ended questions to avoid planting false memories.
• Avoid confirming or correcting the witness’s account.
• Get witnesses to recreate what they saw using sketches or visiting the scene.

Leading questions can distort eyewitness testimony, so lawyers tread carefully.

Hostile Witnesses

Some witnesses won’t cooperate with the lawyer. In that case:

• Get straight to the point, don’t waste time buttering them up.
• Use closed-ended questions to pin them down on facts.
• Don’t argue, just move on if they get combative.

The lawyer may even ask the judge to declare the witness “hostile” so they can cross-examine them.

Conclusion

Interviewing witnesses is a complex process. Lawyers must extract accurate recollections while avoiding contamination. It takes strategic questioning, active listening, and understanding of psychology to get witnesses to provide complete and truthful testimony. Mastering witness interviews is a key skill for lawyers investigating criminal cases.

So next time you see a lawyer on TV grilling a witness on the stand, remember all the work that went into preparing that moment. Those intense cross-examinations don’t happen without extensive witness interviews and preparation behind the scenes.