41J-Interviewing Victims and Witnesses 2019

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Policy & Procedure Page 1 of 7 Lexington Police Department Subject: Interviewing Victims and Witnesses Policy Number: 41J Accreditation Standards: Reference: 1.2.3(a) Effective Date: 11/1/10  New  Revised Revision Dates: 1/24/19 By Order of: Mark J. Corr, Chief of Police The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the Massachusetts Chiefs of Police Association. MPI provides training and model policies and procedures for police agencies. This policy is an edited version of MPI Policy 1.06, “Interviewing Victims and Witnesses.” GENERAL CONSIDERATIONS AND GUIDELINES The interviewing of a victim or witness is a vital part of the criminal investigation procedure. It can lead directly to the identification, subsequent apprehension and conviction of the guilty offender. It is the task of a police officer to convince witnesses of the need for their testimony by appealing to their sense of civic responsibility and to their duty as a citizen to ensure that the purposes of justice are effectively achieved. Eyewitness identification is not considered the most reliable form of evidence and will be closely scrutinized by the court. Mistaken identifications are not uncommon occurrences. Eyewitness identifications must be made under strict legal requirements and must avoid any suggestiveness by the police on impressionable witnesses. (See Department policy 41N-Eyewitness Identification, Show-ups and Photo Arrays.) Officers conducting the initial investigation and interviews should be aware that some criminals remain at the scene. If the officer begins to suspect that a person who claims to be only a witness or even a victim may actually be the perpetrator, the officer should be cautious in conducting any questioning. If the suspect is placed in custody, further questioning must be preceded by administration of the Miranda warnings. (See Department policies 41K- Interrogating Suspects and Arrestees and 41L-Stop and Frisk and Threshold Inquiries.) Officers conducting the initial investigation should be aware that a victim/witness has the right to consent to or refuse to be interviewed.i Under M.G.L. 258B § 4, victims and witnesses of crimes, or in the event the victim is deceased, the family members of the victim, shall be afforded basic and fundamental rights, to the greatest extent possible and subject to appropriation and to available resources, with priority for services to be provided to victims of crimes against the person and crimes where physical injury to a person results. (See Department policy 55B-Victim/ Witness Assistance.)