Uncooperative Witness & Collection of Evidence Assignment

Uncooperative Witness & Collection of Evidence - Assignment Example Given such circumstances the investigator has to find ways and means of convincing that witness to agree or find another way to collect the required evidence. Introduction The process of collecting evidence to be used in the prosecution of an offender usually involves collecting evidence from witnesses. Witness accounts are usually by far the best type of evidence in criminal cases as a god truthful witness can be most convincing at a trial. However, when witnesses choose to be uncooperative due to fear or any other type of misgivings, it may make it hard for a prosecution to be successful and may even result in the acquittal of a guilty person or the throwing out of the case on a technicality. It is the investigators’ work to ensure that they get the most reliable and believable witnesses but it is also important that the witness be willing and able to testify in a court of law when called upon to do so. It is therefore the work of the investigator and the prosecution in prep aring witnesses for court and also ensuring that their testimony is availed to the judge and jury in the most efficient manner. 1. The investigator’s work is to ensure that all the evidence is presented to a court of law in a way that makes it possible for the correct finding to be made based on facts and evidence presented. One of the prime duties in accomplishing this is the finding, interviewing and preparing of witnesses that will be able to give useful evidence at trial (Shirreff, 2011). This process can be hampered when a witness is reluctant or uncooperative because of what they may perceive as negative impacts of their testifying at a particular trial. The investigator therefore needs to be very careful in their handling of the witnesses by clearly explaining to them the reasons why their evidence is required. The evidence that the witnesses give needs to be handled in a manner that ensures that it is not contaminated either by being influenced by that of other witnes ses in the same trial (Bertino, 2011). It is important that the investigator familiarizes himself or herself with the situation of the witness and that all the circumstances in which they have to testify. This needs to be clarified ducting the interview process and be recorded as such to ensure that the witness knows that the investigator is fully aware of what the witness thinks will be the impact of their testimony on himself and others. Such collection of evidence in an orderly and calm composed manner also ensures that the witness feels safe and secure in the trial. It is important the investigator also makes the witness aware of any danger that they may be placing themselves in by testifying and also, more importantly, the remedies that are available in law to mitigate this. One of the paramount duties of the investigator is to protect the integrity of all their evidence including the evidence that is given by the witnesses and in this case it means protecting the witness thems elves (Bertino, 2011). 2. There are some ways in which an investigator can ensure that an important witness co-operates with the investigation. One of the most important ways is to reassure the witness that the impact of their evidence is to get the right person imprisoned and also where