Technological part of the effective investigative interviewing of socially vulnerable persons

Abstract

Abstract. The author of this paper is going to focus on the technological part of investigative interviewing of a child who belongs to a socially vulnerable group of persons. A child may be a witness, a victim, or a suspect in the criminal proceedings. Due to young age and ongoingcognitive, mental, and emotional development, the investigative interviewing process must be conducted in the most effective manner that allows them not to harm the child’s psyche. In each situation the Hippocratic principle is applicable: “to help or at least to do no harm”(primum non nocere) during investigative interviewing. The above-mentioned principle mandates investigators from pre-trial investigative bodies, prosecutors, and pre-trial investigating judges to avoid causing harm to participants in the criminal proceedings, namely in the given academic paper – a child to be victimized. The Hippocratic principle prevents a child from being harmed again after a previous, often similar, perience of victimization. For example, in child sexual abuse cases. The author of this paper would like to pay attention to the technological part of investigative interviewing. Namely, in choosing the proper premisesfor conducting investigative actions in the future, acoustics and interior design of the premises, use of the microphone, and placement of audio and video recording devices and speakers.

So, the author is going to analyze the premises, interior design of the premises, and equipment for communication and recording from the point of view of protecting a child from revictimization. The author is of the opinion that the technological part plays the same role in the success of pre-trial investigation as the proper performance of all legal procedures during investigative interviewing prescribed by the criminal procedure code and other legal acts. The author shares his observations obtained during his performance of the prosecutor’s functions when he oversaw organization, direction, and supervision of the pre-trial investigations related to the crimes committed against children or the crimes committed by children in the territory of the Republic of Lithuania. Due to assigned tasks, the author took part at the pre-trial investigation stage during investigative interviewing of the children conducted by the judges in the court, mainly victims who suffered sexual violence. The interview procedure of a child is regulated in detail by the criminal procedure code and standard operation procedures approved by the order of the General Prosecutor of the Republic of Lithuania. It creates an illusion that the rights of the child victim, child witness, and child suspect are protected and there is no way for revictimization. Although, once more, practice proves that detailed and precious legal regulation of an investigative interviewing procedure of a vulnerable group of human beings can’t have stopped them from becoming a victim yet again. Questions may arise. Why? What are the reasons standing behind it? The answer to the above-mentioned questions is simple. Technical specifications of equipment in use during an investigative interviewing, location of the courthouse building, interview room location in the building, acoustics of the premises, interior design of the premises, choosing unsuitable microphones for the communication, and bad location for installation of the video-audio equipment for recording an interview may create suitable conditions for secondary victimization.