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Witnessing Processing For Testimonial Evidence

The document discusses guidelines for witness interrogation and processing statements. It provides definitions of a witness and outlines steps for taking sworn statements. It also compares structured and unstructured interviews, describing their characteristics, differences, advantages and disadvantages.

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0% found this document useful (0 votes)
45 views6 pages

Witnessing Processing For Testimonial Evidence

The document discusses guidelines for witness interrogation and processing statements. It provides definitions of a witness and outlines steps for taking sworn statements. It also compares structured and unstructured interviews, describing their characteristics, differences, advantages and disadvantages.

Uploaded by

gal yoon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COURSE: PUBLIC SAFETY JUNIOR LEADERSHIP COURSE

(PSJLC)
Module 5: Police Operations
Sub-Module 3: Investigation
Lesson Proper – Overview:
Witness Processing for
Testimonial Complaint

Definition of “Witness”

A WITNESS is a person who is required to come to court to answer


questions about a case. The answers a witness gives in court are called evidence.
Before giving evidence, the witness promises to tell the truth.

Witness Interrogation Guidelines:

1. The interviewer must give the interviewees enough time and space to
provide their version of the events.;
2. Questions asked must be open and neutral - Avoid any bias that the
interviewer may bring to the interview;
3. The key objective of a witness interview should be to increase the recall
quantity, without jeopardizing the accuracy of that information;
4. Witnesses who may disclose essential information in the investigations need
to be treated in a manner that will maximize the likelihood of witnesses
coming forward for future investigations;
5. Ensure that the experience of the witnesses is not a negative one. -
Recognize the stress of being a witness to a crime;
6. Recognize the pressure to become involved in the Criminal Justice System;
7. Ensure the security of witnesses during the conduct of interview;
8. Be reminded of rules in interviewing women and children victims; and
9. Ensure the degree of confidentiality for women and children victims.
Taking of Sworn Statement(s) of the Witness(es)

1. Sworn Statement or Affidavit of complainant/s and witness/es must be


taken immediately by the investigator-on-case observing physical distancing
and minimum health standards;

2. Affidavit of Arrest of arresting officers must be taken immediately not later


than 24 hours; and

3. In Inquest cases, the investigator-on-case and the arresting officer/s shall


observe Art. 125 of the RPC.

Structured and Unstructured Interviews

As common as it is, a quest for justice is not always easy, however, any
person accused of a crime has the fundamental right to be presumed innocent until
proven guilty beyond reasonable doubt. Hence, burden of proof always falls on the
complainant who has to take the necessary steps in establishing the offender’s guilt.

Therefore, to avoid mistakes that could be detrimental to quest for justice


and can hamper the fundamental right of all parties involved in a case, a proper
procedure has to be followed when filing a criminal complaint against an offender.

Structured and unstructured interviews are common methods of


gathering data. While structured interviews are mostly used in quantitative
observation, an unstructured interview is usually applied to qualitative data
collection because it pays attention to describing the subjects.

Apart from the key difference highlighted above, there are other things an
interviewer must know about the natures of structured and unstructured interviews.
Hence, it is important for the interviewer to understand the many differences
between a structured interview and an unstructured interview.

What is a Structured Interview?

A structured interview is a type of interview in which the researcher asks a


set of premeditated questions in order to gather information about the research
subjects. It is also known as a standardized interview or a researcher-administered
interview, and it aims at investigating research variables using the same set of
questions.
Typically, structured interviews are used to collect information about the
quantity or numerical value of the research subjects. It outlines events, behaviors,
procedures, and guidelines for conducting the interview and recording the
information collected to serve as the research data.

Characteristics of a Structured Interview


1. A structured interview utilizes a standardized process of inquiry.
2. It is a quantitative method of observation.
3. A structured interview is easy to replicate.
4. This type of interview is sequential in nature.

What is an Unstructured Interview?

An unstructured interview is a type of interview that does not make use of a


set of standardized questions. Here, the interviewer does not generate any specific
set of standardized questions for research, rather he or she asks different questions
in line with the context and purpose of the systematic investigation.

Typically, an unstructured interview relies on spontaneity and follow- up


questioning in order to gather detailed information from the research subject. In
many ways, this type of interview can be viewed as an informal, everyday
conversation because of its extremely colloquial style.

Characteristics of an Unstructured Interview:


1. An unstructured interview is flexible in nature.
2. It relies on spontaneity in its method of inquiry.
3. An unstructured interview is a method of qualitative observation.
4. It is descriptive in nature.

Differences between Structured and Unstructured Interview

a. When it comes to definition:

Structured interview is a type of interview that relies on a set of


standardized and premeditated questions in order to gather information. On
the other hand, an unstructured interview is a type of interview that does not
rely on a set of premeditated questions in its data-gathering process.

In an unstructured interview, the researcher does not prepare a set of


pre-planned interview questions while in a structured interview, the
researcher depends on an interview sequence. A structured interview is a
directive in nature while an unstructured interview is non-directive in
nature.
b. When it comes to sequence:

In a structured interview, the researcher follows an interview


sequence comprising standardized questions while in an unstructured
interview; the researcher does not create any interview sequence. An
interview sequence consists of standardized questions for conducting an
interview arranged in the order of use.

The interviewer in a structured interview follows the sequence as he


or she makes inquiries about the research subject. In an unstructured
interview, the researcher does not follow any sequence but relies on
spontaneity to direct the course of the conversation.

c. When it comes to question types:

A structured interview makes use of close-ended questions,


predominantly while an unstructured interview makes use of open- ended
questions, predominantly. Close-ended questions allow the interviewer to
limit the interviewee to a range of possible responses in line with the
research context.

On the other hand, open-ended questions do not restrict the


respondent to pre-conceived options. Rather, it gives the respondent the
opportunity to explore the questions from multiple perspectives and this
allows the interviewer to gather a variety of information about the research
subject.

Advantages of Structured Interview

Data gathered through a structured interview is more objective and easier to


analyze unlike the data gathered via an unstructured interview. This is because a
structured interview requires the respondents to provide brief and relevant answers
to the questions, unlike an unstructured interview.

In addition, a structured interview can be used to gather information from a


large data sample of the target population, unlike an unstructured interview.
Because of the standardization of a structured interview, the interview process is
easier unlike that of an unstructured interview.

Disadvantages of Structured Interview

The data gathered via a structured interview lacks depth and detail unlike
the information gathered through an unstructured interview. This is because a
structured interview restricts the interviewee to a set of questions
and this prevents him or her from providing additional information that would prove
useful in the research.

A structured interview is a less valid means of data collection while an


unstructured interview is a more valid means of data collection. In a structured
interview, the researcher is not allowed to deviate from the line of questioning
regardless of any developments but this is allowed in an unstructured interview.

Advantages of Unstructured Interviews

An unstructured interview can be used to gather information on complex


issues, unlike a structured interview. This is because an unstructured interview
adopts a conversational approach that creates a rapport between the researcher and
the interviewee, which allows the later to reveal important information.

An unstructured interview is also more flexible and more comfortable than a


structured interview. In an unstructured interview, the researcher has the
opportunity to formulate new questions and research hypotheses based on new
information provided, unlike a structured interview that follows a strict sequence.

Disadvantages of Unstructured Interviews

An unstructured interview is more time-consuming when compared to a


structured interview. Since it is not limited to particular questions or a sequence,
conducting an unstructured interview takes up more time and more resources than a
structured interview that follows a sequence.

An unstructured interview generates large amounts of data which is difficult


to categorize and analyze, unlike a structured interview that collects the most
relevant responses. Since it is not standardized, an unstructured interview is
considered non-reliable and highly subjective, unlike a structured interview.

How to Conduct an Unstructured Interview

1. Avoid leading questions.

The aim of an unstructured interview is to allow respondents to


freely communicate their thoughts and opinions. This is why it is important
for every interviewer to avoid asking leading questions that direct the
research towards premeditated responses.
The best way to ask the questions in an unstructured interview is to
phrase your inquiries in a way that allows interviewees to communicate
their feelings and views, freely. Leading questions often communicate
implied meanings that can lead to survey response bias.

2. Probe beyond the surface.

In order to gather insightful and in-depth information about a


research subject, it is important for the interviewee to prove beyond the
surface. This means asking a range of follow-up questions that reveal more
information about an interviewee’s thoughts and experiences.

3. Explore inconsistencies.

Sometimes, an interviewee’s statements contradict their previous


assertions or explanations. In such a situation, it is important for the
interviewer to explore these apparent inconsistencies by asking follow-up
questions that clarify a misunderstanding or provide new information.

4. Record your data.

When taking and rewriting notes, ensure that you document the
respondent’s views and thoughts as accurately as possible. Focus on new
words or pieces of information and, pay attention to subjects that seem
unclear or confusing as very often, these phases provide valuable insights to
understanding the thoughts of the interviewee.

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