3 answers
Sydney
Student
Port Charlotte, Florida
1
Question
Asked
226 views
How do you proceed a case if the victims won’t give you any evidence or information?
How do you get your client to share the information you need to win the case
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3 answers
Danny Kono
Homicide Investigator (Ret.)
22
Answers
Pomona, California
Updated
Danny’s Answer
Hello Sydney! I've noticed that you've already received several responses with precise details. However, your question stands out as one of the most intriguing I've come across on this platform, prompting me to share my viewpoint.
In all the cases I've handled, the crime victims were unable to contribute to the investigation because they were deceased. In California, for serious crimes like murder, the "victim" is actually the State itself! While it can be more challenging if the crime's direct victim or entity refuses to participate, it's not an insurmountable obstacle. The cooperation you're referring to extends beyond the immediate victim of the crime. My specialty was persuading WITNESSES to share information or evidence, without offering incentives that a skilled defense attorney could portray as motivation for their testimony, instead of the truth!
As you might expect, most homicides are linked to drugs and/or gang activities. The average witness often resides in these affected neighborhoods. It's a tough ask to request their assistance, knowing they live in areas where the suspects' friends and family continue to freely move about. The investigator must show understanding of this predicament. It's counterproductive to solve one murder case only to inadvertently instigate another!
Many states, including my own, offer 'witness protection' programs. These programs assist cooperative witnesses by relocating them and providing temporary financial aid to cover moving expenses. However, these services typically don't extend to identity changes or purchasing new homes at the local level. Such provisions are occasionally made in significant federal cases, but it's not common. Surprisingly, gangs and drug dealers rarely seek revenge against ordinary citizen witnesses. However, gang members or drug dealers who testify are not as fortunate! The risks are simply too great in the long term! Law enforcement typically views threats or intimidation against innocent witnesses as equivalent to an attack on a police officer, resulting in severe repercussions for the gang or drug dealer.
Sydney, your question is truly insightful! Keep up the excellent work!
In all the cases I've handled, the crime victims were unable to contribute to the investigation because they were deceased. In California, for serious crimes like murder, the "victim" is actually the State itself! While it can be more challenging if the crime's direct victim or entity refuses to participate, it's not an insurmountable obstacle. The cooperation you're referring to extends beyond the immediate victim of the crime. My specialty was persuading WITNESSES to share information or evidence, without offering incentives that a skilled defense attorney could portray as motivation for their testimony, instead of the truth!
As you might expect, most homicides are linked to drugs and/or gang activities. The average witness often resides in these affected neighborhoods. It's a tough ask to request their assistance, knowing they live in areas where the suspects' friends and family continue to freely move about. The investigator must show understanding of this predicament. It's counterproductive to solve one murder case only to inadvertently instigate another!
Many states, including my own, offer 'witness protection' programs. These programs assist cooperative witnesses by relocating them and providing temporary financial aid to cover moving expenses. However, these services typically don't extend to identity changes or purchasing new homes at the local level. Such provisions are occasionally made in significant federal cases, but it's not common. Surprisingly, gangs and drug dealers rarely seek revenge against ordinary citizen witnesses. However, gang members or drug dealers who testify are not as fortunate! The risks are simply too great in the long term! Law enforcement typically views threats or intimidation against innocent witnesses as equivalent to an attack on a police officer, resulting in severe repercussions for the gang or drug dealer.
Sydney, your question is truly insightful! Keep up the excellent work!
Thank you, this is amazing! I really needed it.
Sydney
James Hammond
Investigator at Dallas County District Attorney's Office
29
Answers
Dallas, Texas
Updated
James’s Answer
If your attempts to persuade the victim to answer your questions completely are unsuccessful, just document the information they did give you, and allow a detective to follow-up. Any witnesses may be able to supplement what the victim did tell you.
The event may have been too traumatic for the victim to repeat at that time, considering what we now know of the neurobiology of trauma.
The event may have been too traumatic for the victim to repeat at that time, considering what we now know of the neurobiology of trauma.
Matthew Connors
Attorney
11
Answers
Chicago, Illinois
Updated
Matthew’s Answer
Answering your question is tricky because it heavily relies on specific facts. In your situation, at what point did the victim stop helping the police? Remember, most cases start when a victim or another witness reports to the police. Some areas permit the use of statements collected during the investigation. Also, investigations frequently find witnesses, videos, or photos that can support a story. In short, every case is unique and depends on the facts given.