Interviewing Child
Witnesses and Victims
Law Enforcement II
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Plan the Interview
Proper preparation includes giving the child
the choice of when and where to conduct the
interview, the gender of the interviewer, and
who will accompany the child
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Plan the Interview (continued)
Issues to consider
– Location
» The child needs to feel safe and comfortable
» Child-friendly décor without being distracting
» A private area devoid of noise
» Age appropriate play materials
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Plan the Interview (continued)
Issues to consider (continued)
– Timing
• Take the child’s routines into account when scheduling
the interview
• Avoid embarrassing them by taking them out of class
unless it is necessary
– Number and duration of interviews
• A single interview is always preferred
• Balance the need for justice with the needs of child
• Give the child an approximate idea of how long the
interview will last
• Discuss if breaks will be needed
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Plan the Interview (continued)
Tailor the interview to the child by considering the child’s
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Age and gender
Race, culture, religion, ethnicity, and language
Cognitive and linguistic abilities
Present emotional state
Mental and physical health
Family composition and living arrangements
The nature of his or her relationship with family members
Daily routines, bedtimes, meals, baths, etc.
Sources of stress
Previous involvement with child services
Details of previous action taken and support
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Plan the Interview (continued)
Influence of the interviewer is
important; the child needs support
throughout the interview
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Conduct the Interview
Building Rapport
– Is very important, never omit it
– Overcome initial hesitation, unease, or
mistrust
– Gain understanding of the child’s
communication skills and
cognitive/linguistic development
– Reassure the child that it is not his or her
fault
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Conduct the Interview
(continued)
The Interview Atmosphere
– Age, attention span, and rapport building
determine the pace
– Speak slowly and clearly while allowing for
pauses
– Speak in a normal tone
– Look for fatigue or the need for a break
– Begin with general questions as a warm-up
– Make them feel safe
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Conduct the Interview
(continued)
Ground Rules
– The child talks and the interviewer listens
– The interviewer was not present at the event
– Remind the child,
• “Even if you think I know, tell me anyway.”
• “It is okay to ask me to re-word or re-ask the question”
– Do not give the child answers
– The interviewer’s mistakes can be corrected
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Conduct the Interview
(continued)
Telling the Truth
– Make the child aware of the importance
of telling the truth
– Let the child tell the story in his or her
own words
– Discuss the difference between the truth
and lies, and give concrete examples
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Conduct the Interview
(continued)
Closure
– Summarize the child’s statements
– Check with the other interviewers to see if any
additional questions are needed
– Ask the child if he or she has any questions
– Inform the child of the next step in the process
– Provide him or her with contact information
– Thank the child for his or her time and effort
– Give the child time to compose himself or herself
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Juvenile Guidelines
Oral statements
– Are admissible under Family Code (FC)
51.095 if the statement tends to
establish guilt, such as the findings of
secreted or stolen property or
instruments used in the crime
• The statement is res gestae (made
spontaneously and instinctively)
• Is made in open court
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Juvenile Guidelines
(continued)
Written statements
– Are admissible under FC 51.095 if the child is in custody of
an officer and, before making the statement, had been
taken to a magistrate with a statement packet
• The magistrate gives the child the Miranda warning
• The officer takes the written statement from the juvenile,
but it must be in front of the magistrate
• The juvenile voluntarily waives the Miranda rights in the
presence of the magistrate
• The officer returns the juvenile to the magistrate with the
unsigned statement
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Resources
• Texas Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) Investigator’s Course
http://www.tcleose.state.tx.us/
• Texas Code of Criminal Procedure and the Family Code
http://www.statutes.legis.state.tx.us/
• Officer’s Interrogation Handbook, Matthews Bender &
Company, Inc., Charlottesville, 2004
• Hamilton, Cheryl. Communicating for Results. Wadsworth,
Thomson Learning. U.S., 2001
• Do Internet search using the following key terms:
– Gastonia Officer Shot Witness Interview Part 2
– Nathan’s Interrogation Video
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