Police Officer Preparation & Law Enforcement Resource - Archive
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06-20-11, 06:12 PM
...and there's a smoking gun against the suspect, would the witness still have to take a statement? For example, if the witness was traumatized and probing would only traumatize her further. Thank you all.
06-20-11, 07:44 PM
If they can't recall, they can't recall. We had a disastrous program for a short time when we trained a few detectives to do hypnosis. We learned quickly there was a reason they couldn't remember and didn't do that anymore.
Statements, whether from a victim, witness or subject, are voluntary. We don't beat statements out of folks in the U.S. Short of a court order from a judge the police can't compell someone to give a statement, only encourage and seek cooperation.