1. Interviewing Child Witnesses and Victims
Law Enforcement II

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3. 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

4. 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

5. 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

6. Plan the Interview (continued)
Tailor the interview to the child by considering the child’s
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

7. Plan the Interview (continued)
Influence of the interviewer is important; the child needs support throughout the interview

8. 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

9. 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

10. 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

11. 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

12. 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

13. Juvenile Guidelines Oral statements
Are admissible under Family Code (FC) 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

14. Juvenile Guidelines (continued)
Written statements
Are admissible under FC 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

15. Resources
Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) Investigator’s Course
Texas Code of Criminal Procedure and the Family Code
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