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Law Enforcement Guide To
Effective Victim Interviewing

DetectiveRunning “Code” to a robbery in progress can be a fun ride. Conversely, report writing isn’t exactly the funhouse. It’s tedious. Monotonous. Here’s something to think about: It’s no fun being a crime victim either. It’s easy to forget that - especially in cities where crime is rampant and gunfire as commonplace as Fourth of July firecrackers. But, if you have ever been victimized (and cops represent a significant part of the victim population) you know it’s an emotional roller coaster ride that can make communication difficult. That’s because crime is unexpected.

No one starts their day with, “I’ll probably be robbed today around noon” or “I’m going to be kicked in the shins on the subway by a kung fu trained octogenarian.” Crimes aren’t in the script, so when they happen they catch us off guard resulting in fear, frustration, anger, confusion, and feeling of loss of control that make interviewing difficult.

These normal responses to a very abnormal event represent barriers to information – until they are addressed – by you. Here are some tips to help you get more cooperation, obtain more accurate information, and help get that victim back on track.

Minimize barriers from the start.

This starts with the dispatcher in the EOC. Citizens expect a quick response – that’s what they see on “Reality TV” and re-runs of “ADAM-12.” They don’t understand priority dispatching systems, manpower shortages and how a snowstorm can even slow a 5000 horsepower police cruiser. When we don’t show up as expected, they can get angry. And someone may die. Several years ago dozens of frantic residents called Philadelphia 911 for forty minutes reporting a large fight and that a teenage boy was being beaten on the front steps of a church. But no police were dispatched. By the time the first car finally arrived, young Eddie Polec was dead.

The public was understandably outraged. If you ever waited up for kids (or your spouse) late for curfew and haven’t called then you can relate to the worry, frustration and anger victims feel when the police never arrive. So get the call out. And if there’s going to be a delay be it the weather or other situation– tell them. Knowing that you’re on the way, but will be delayed is more palatable then waiting with no information.

Speak to their emotions

When you get there and the situation is secured take care of their needs. We’re programmed to yank out a first aid kit and call rescue for the obviously injured, but where many officers fail is treating the victim’s emotional needs. As the late NYPD police psychologist Morton Bard noted, immediately following the crime victims are in the Impact stage of crisis reaction, an emotional state lasting anywhere from a few moments to maybe a week. We get there ASAP only to be met with “Where the #$&*!# were you?” “What took you so frickin’ long to get here?”

The key: Plan ahead and don’t take it personally. They’re not angry at you. They’re angry with the situation. So let ‘em vent. You know that no time was wasted getting there, but victims and witnesses don’t. One hour with a pretty girl, said Albert Einstein, seems like a minute, but sit on a hot stove for a minute and it’s longer than any hour. A complainant’s sense of time may be distorted. So, don’t fix the blame, fix the problem.

First, don’t say “Calm Down!” Think about it. How do you react when someone says that to you? Those two little words tend to make matters worse. Instead, put their emotions into words and validate their emotions. “I can see you’re angry. If what happened to you happened to me, I might feel the same way too” or similar words then continue, “but I’m here now and I’m going to help.”

Introduce yourself and tell them why you’re there


Stating your name and the purpose may seem unnecessary; after all you are there with your squad, uniform and radio. But stating your name and maintaining eye contact helps break the ice and establish control. But remember the victim or witness is likely to be a little confused, maybe a little angry and feeling more than a little stupid. I remember once coming into a police conference in Dallas.

I asked a cop coming out of the hotel ballroom” Has the congressman begun speaking yet?” “Yes,” the officer replied. “He has been speaking for half an hour.” “What is he talking about?” I asked. “I don’t know, “said the officer. “He hasn’t said yet.” So tell them why you’re there.

They want safety and security

They may have just been through a frightening experience, and they see you as having the power and authority to protect them, restore order, and do something. So, ask them, “Are you Okay?” Tell them, “You’re safe now, you don’t have to be afraid anymore.”


You have needs too

Tell them what’s going to happen. Tell them, “I hear your frustration,” or “I can see you’re afraid” but you’re safe now. But, I can’t help you unless you help me. If the event just occurred, you know you need a description and you’ve got to get it broadcast. So take control verbally. “I know you’re upset, but I need your help. Tell me what the suspect looked like so that I can broadcast their description to other officers.” or “So I can tell other officers to look for him.” You and I know what a lookout, BOLO or Flash is, but your victim probably doesn’t, so avoid jargon and use simple words.

Empower the victim

As the crime was unfolding your victim or witness lost control – of themselves, their property, and concept of who they are. They’re excited or fearful and you can help them recover by periodically giving them small decisions to make. “Would you like to sit down?” “Can I get you something to drink?” “Is there someone I can call for you?” They’ll begin to feel better about themselves, regain their sense of control and be in a better frame of mind to recall information.
Judge

“Objections Your Honor, Counsel is Leading the Witness.”

Your witness is susceptible to suggestion, so avoid leading questions that suggest an answer like “Was he as tall as me?” “Did he have a beard?” “I weigh eight hundred pounds – was he as heavy as me?”

This style may result in a report containing your thoughts versus what they remember. The wrong person might even get arrested, like the case of Patrolman O’Shaughnessy who was banished to a beat in the worst part of the city. His sin? He mistakenly arrested a man climbing into a taxi in a prison outfit, only to discover the guy was a cranky old judge on his way to a costume party.

Patrolman O’Shaughnessy learned his lesson. “That’s the last time,” he muttered, “I’ll ever book a judge by his cover.” Instead, employ the seven W’s, Who, What, Where, When, Why, Which and How and you will obtain more accurate information. It’s their loss.

Sometimes we say things with good intentions that indirectly injure the victim - again. “You should be glad it wasn’t more” or “You should have known better than to go down there” or “Whaddya doin’ carryin’ that much cash?” as if the victim is somehow to blame. So, don’t judge, and avoid statements that minimize.

Property crimes are documented, classified, and prosecuted by dollar value, and determining loss is important. But, where you stand, a college professor counseled, depends on where you sit. So remember the victim’s perspective. An employed robbery victim who lost $50 will recover financially sooner than a senior citizen on a fixed income. It’s far better to say, “That’s a lot of money. I’m sorry this happened.”

Remember also that it’s better to be tactfully honest than to be artfully deceptive. If there’s near zero probability of getting their property back then diplomatically say so. When you’ve concluded the interview, give them contact information and information about contacting victim’s services available in your area – Rape Crisis, Travelers Aid, Salvation Army, and your department's Victim Witness Coordinator.

Spring Forward, Fall Back


A timely mnemonic, isn’t it? We need to recognize that emotionally, victims also spring forward and fall back. Bard noted that victims and witnesses (including survivors of homicide victims) enter a second, sometimes turbulent phase called Recoil. Why do we call it Recoil?

Ask any cop whose been involved in a shooting. At one moment you feel just like you did before the crime, and then something is said, heard, seen, smelled, touched or remembered that triggers them to relive the crime all over again. Victims may also fear harassment, intimidation or retaliation. Don’t casually dismiss their concerns with “Ya got nothin’ to worry about.” Instead, explain the law prohibits these actions and encourage them to report suspicious calls or anything that remotely resembles these acts.

Sometimes the prosecutable value of the original charge is poor, but the case for retaliation is very strong with a greater penalty. So be prepared, validate their emotions and allow them to vent again. Keep them informed of the progress of the case, and if you’re going to close it out, make sure you tell them why. By doing so you’re setting the stage for them to move on.

Moving On

For the most part, victims eventually will resume their routines. Bard calls this Reorganization. They think less and less about the crime and may have taken steps to avoid being victimized again.

Occasionally, reorganization may be delayed, such as when a trial is in progress or in the case of a missing person. But, don’t kid yourself: The Victim Never Forgets. And your interaction with them can make a difference. Years ago I recovered a pale green VW beetle stolen from a young teen in another jurisdiction. A year later his mother called to report that it had been stolen again, and since I was so kind to get it back before, she thought she’d let me know.

The benefits of psychological first aid are huge. By focusing first on the victim’s needs officers and investigators will get more accurate information; help victims resume their lives, improve chances of successful prosecution through better cooperation and leave them with a more favorable impression of law enforcement.


Zeh

*Billy Zeh has more than 30 years law enforcement experience in patrol, investigations, supervision and training. He operates Integrity Education Systems in Brunswick, GA., and serves on the board of directors for Professionals Against Confidence Crime.





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