(Continuing the series)
Last week, we stated:
“Our obvious objective in interviewing witnesses is to obtain a statement. To that end, a successful interview is often based on the investigator’s approach and the better she can assess the subject’s personality, the more effective the interview. Fortunately, most people are cooperative, fairly truthful and possess a normal personality. There have been quite a number of times, however, when we’ve had to extract information from people whose base nature or personality has been overwhelmingly outside of the normal range.
With these type subjects, it’s the investigator’s people skills that determine whether she will prevail.”
In our multiple-part series, Part II, focused on interviewing an empathic witness.
Definition of an Empathic Personality: (The Mind Unleashed.org):
Feeling others emotions and taking them on as your own
Sensitive to violence, cruelty or tragedy
Loves to daydream
Description of a Empathic Personality: (from Psychology Today):
“Empaths are highly sensitive and supportive. They are finely tuned instruments when it comes to emotions and tend to feel everything, sometimes to an extreme.”
“Empaths unwillingly, unwittingly absorb, intuit and feel other people’s emotions — from joy to misery.”
Armed with the above knowledge, a field investigator, and having determined that the witness has an empathic personality, the best approaches to elicit a strong and credible statement are:
- The empath, prone to daydreaming, needs to be kept on track by sticking to the facts as points of reference. Empathic witnesses can keenly recall many details at once, overloading their sensitive natures. It may take more time, and without coloring their recall, let the empath tell the story their way but keep them on track with facts. I.e., keep them on a timeline track. “The accident occurred at 12:30 p.m. How long after the accident did the police arrive?” rather than “At what time did police show up at the accident scene?”
- Don’t lead (you can direct) an empath as they tend towards creativity. “In which hand was the def. driver holding the cell phone?” is very different from the correct “Was the def. driver on her cell phone before or during the accident?” The former may get the statement, “In her right hand.” which at trial may be expanded to, “In her right hand, after she pulled it out of her purse to call 911 after the accident.”
- Allow for emotional outbreaks. An empath is more sensitive than normal and may process the pain and shock of the actual victim during recall. Don;t sit there like a cold fish or rush her along. While maintaining to the above suggestion to keep an empath on track by time reference points, an investigator is often surprised by the deluge of facts retained by empaths. They are able to place themselves in the victim’s place at time/place of occurrence and observe the event through that prism. Follow the facts through the emotions.
In the next Bulletin in this series, we will cover, “The A-Type”. How to interview an alpha type who may be uncooperative.
BNI Operatives: Situationally aware.
As always, stay safe.