Witness is an individual who has, or claims to be having, or is suspected to be having the authority

Witness is an individual who has, or claims to be having, or is suspected to be having the
authority of compelling testimony, or for having knowledge important for a specific event or
other subject of interest. In consideration with law, a witness is known to be compelled for
providing testimony in court, in front of a grand jury, deposition officer, administrative
tribunal, or a number of the other proceedings. One of the relevant duties in trial counsel is to
marshal the evidence from the perspective of the client. Witnesses are significant
personalities for building the foundational base of a particular case (Toglia, 2008). Witnesses
are also known to be the key source of providing evidence that help to look for facts related
to the case. This means that witnesses and evidences of a case are closely related and should
be handled in a significant manner. For handling evidences and witnesses, a common process
can be followed that include five main steps.
The first step is to find the witness and evidences involved. This step involves two main
phases, identification of potential witnesses and evidence, and locating these witnesses and
evidence for arrangement of interviews and investigation (Read, 2001).
The second step is an extremely important one as it sets the time frame for interviewing the
witnesses and investigating evidences in a significant manner in order to understand
evidences with highest potentiality. However, it is important to note that the best practice
should be interviewing and investigating as soon as possible.
The next three steps are related to the ways in which interviews can be conducted. For
handling the witnesses and evidence, it is important to consider the General Rule of
Competency stated under Rule 601 by the Federal Government. According to this rule, every
individual will be competent for being a witness, leaving the exceptional ones aside that have
been mentioned by law as well. However, in civil proceedings and action, in consideration
with the element of a defence or claim with respect to which the rule of decision is supplied
by the state law (Loftus, 2007). Hence, it can be stated that whether or not witness is
competent, state law will be determining it. The handling must be done in a manner that
considers the key factors of witness for ensuring evidence is in alignment with the case.
These key factors are perception and memory that are extremely important in extracting
relevant evidences.
Eliciting Cooperation of Witnesses and Collection of Evidence
Investigator must consider encouraging the witness for volunteering information without
forcing them to do so. This is due to the fact that witness and not investigator is in possession
of important information. For eliciting cooperation amongst the witnesses, mental activeness
is extremely important in the duration of interview ad generation of information, in
opposition of being passive and to wait until any appropriate questions are asked by the
investigator before an answer is placed (Read, 2001). The investigator will be encouraging
the witness for being mentally active by placing direct request for the favour of this activity,
or by placing questions that are open ended. Questions that are open ended allow for narrative
and unlimited responses from the witnesses in a significant manner. Once the witness opens
up in front of the investigator, it can be stated that will contribute in eliciting cooperation
amongst the witness being interviewed and investigated (Loftus, 2007). Hence, the below
stated point will help in eliciting cooperation and encouragement to answer amongst the
witness:
? Expectations being stated: This is relevant as the witnesses may not be acknowledging
his or her expectations or may be having inaccurate expectations of the role they play
in conducting the interview and investigation.
? Open- ended question being asked: These types of question will help in establishment
of confidence amongst the parties involved in the interview and the investigation.
Questions that are open ended allow for narrative and unlimited responses from the
witnesses in a significant manner (Read, 2001). Once the witness opens up in front of
the investigator, it can be stated that will contribute in eliciting cooperation amongst
the witness being interviewed and investigated
? Avoidance of interruption: When witness shows willingness to answer any specific
question, the investigator must not interrupt and only start when the witness ends his
or her answer
All these steps will not only help in eliciting cooperation, but will also help in enhancing and
facilitating the thinking and memory of witness with respect to the scene being investigated.
Hence, it can be concluded that establishment of confidence is extremely important for
eliciting cooperation amongst the key witnesses with the investigator (Toglia, 2008). Hence,
it can be stated that whether or not witness is competent, state law will be determining it. The
handling must be done in a manner that considers the key factors of witness for ensuring
evidence is in alignment with the case.
Useful Interviewing Situation
Witnesses play a significant role in providing evidence that is extremely important for
solving case scenes. Witnesses must first be identified that have the potential of providing
highly significant evidences. It is crucially important to conduct an interview with the witness
for extraction of maximum information regarding the evidence. In context with these
interviews, it is extremely important for asking Open- ended question. These types of
question will help in establishment of confidence amongst the parties involved in the
interview and the investigation (Loftus, 2007). Questions that are open ended allow for
narrative and unlimited responses from the witnesses in a significant manner. Once the
witness opens up in front of the investigator, it can be stated that will contribute in eliciting
cooperation amongst the witness being interviewed and investigated
There must be consideration of important elements related to the case of client and the other
side as well for ensuring that there is awareness regarding each and every single area
involved in the case and this information is discussed with the witness. At the same point of
time, it is extremely important for having an understanding related to the evidence that has
been provided by the other witnesses in other interviews. The most appropriate practice for
conducting an interview is preparing a list of several question related to the topic and focus
on these questions while conducting the interview (Read, 2001). In adequate situations,
package of material can also be sent to the witnesses in order to review them before
conducting the interview. In the final context, if there is anticipation that there will be
difficulty in receiving cooperation from the witnesses, it is important for being cognizant
related to highest potentiality in preparing the interview to be conducted. If there is no
cooperation to forth come, attempt must be made for obtaining information that might be
assisting in applying the pursuant. Conducting interview of witness is not science, but an art.
There is no single style that can be considered as being the best. These have to be changed
from situation to situation and personality to personality (Toglia, 2008). In general sense,
there is more cooperation from the witnesses, if one has the ability of building the rapport and
significant degree of trust. When the witness is interviewed, it is relevant that there is
significant legibility and notes are in detail. These facts can assist in a significant manner
while conducting interview successfully.

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