Use of excessive force to apprehend a suspect amounts to police brutality (Findlaw, 2017). Excessive force refers to the act of exceeding the preset force that can be used to handle criminals in prison, military operation or police arrests (Findlaw, 2017). As an investigator, the accusations against officer small and officer miller are allegations and must be treated so until investigations are concluded. The Monroe v. Pape decision made provisions allowing victims of police brutality to report these cases and obtain legal redress (FAMU, 2017). This augments the necessity of paying critical attention to the victim, witnesses and the statements from officer small and officer Miller. The findings from the investigation will help in serving justice to the victim as well as clearing any person who is unjustly accused.
Who to interview
A thorough collection of information is vital to making a balanced decision or conclusive report concerning crimes and determining allegations (IBAC, 2016). For a proper investigation, the victim, witnesses and the accused will be interviewed for clarity.
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Witnesses
Eyewitnesses are important in offering a first account narration of the incident involving officer Small and Miller. It is understood in most cases that eyewitnesses under oath are most likely to take a neutral ground in a case and their information is often relied upon heavily ( Powel, Garry, & Brewer, 2013) . In this case, it is the witnesses who reported the matter and therefore it is significant to interview them as first account witnesses. Obtaining information from more than a single eyewitness will provide sufficient information for the investigation.
Accused
Officer Miller and officer Small’s accounts should also be recorded. As the accused, they may want to defend themselves and separate interviews of both officers will provide sufficient information that can be matched with those of the eyewitnesses. The accused under the law have rights that cannot be alienated from them. The international criminal laws demand that an accused person be given an environment for the interview free from coercion to confess guilt, free from cruelty, mistreatment or any form of degrading act (Global Affairs Canada, 2016). The investigation of officer Miller and Small will, therefore, follow a truck that will ensure respect to the officers and still not undermines justice.
Victim
The case revolves around the drunk driver. His testimony on the matter is equally important. The allegations may be supported or turned down by the drunk driver. Perhaps what seems to the witnesses as a use of excessive force is an insignificant matter to the driver. The law requires that a victim of an injustice receives a legal compensation for the injustice conducted against him (Global Affairs Canada, 2016).
Order of Interview
The interview structure is to be determined prior to the conduction of investigations. The order should be such that it will eliminate prejudice and achieve reliable information. The victim should be the first in line to be interviewed. In case the victim turns down the allegations the officers charged will be cleared immediately without need of further investigations. In case the victim affirms the allegations, the witnesses will follow suit in the interview. The information from the witnesses will serve as a counter check to confirm if the position taken by the driver is so.
Location of Conducting the Interview
The choice of location is a very important matter. The investigation should be conducted in a location that will guarantee confidentiality and yet inspire confidence in the parties involved that justice will be achieved. The best location to conduct a video recorded interview is at the police station interview room. This location is private and far from intimidation and other forms of unintended interruptions.
Form of Documentation
Documentation of the findings is significant as these will be the materials to rely on while reaching conclusion. The information should be documented in a manner that will maintain orderliness and accuracy. Written formats are prone to inaccuracy due to the tendency of making a summary; also it may not reflect the tones and facial expression while the interviewee is responding to questions. These shortcomings of written documentation make video documentation as the best method of documentation since it can be reviewed in future and be resourceful as though the interviewee was going through the session once more (Ministry Of Justice, 2011). It is also important to note that the decision to use or not to use video recording is not determined by the interviewee only but requires an acceptance by the source (IBAC, 2016)
Conclusion
Use of excessive force by the police is unacceptable in the law. The law provides the victim with the right of reporting such a case the moment it occurs for further investigations and redress. In such case, all parties involved should be interviewed including eyewitnesses, victims and the accused. The order should be chronological beginning with the victim to testify if it is so then the witnesses and finally the accused to give their defense. Such an interview should be conducted in a confidential manner and place that will provide room for equitable justice. Also, the documentation of the interview is significant to ensure that the information is complete and uncompromised by human errors and this makes video recording the most appropriate method. Thus the allegations raised against officer Miller and officer Small are not a trivial matter conducted before the public but a serious case that should be investigated and punishment enforced to the guilty party.
References
Findlaw. (2017). Excessive Force and Police Brutality. Retrieved from https://criminal.findlaw.com/criminal-procedure/excessive-force-and-police-brutality.html
FAMU. (2017). Federal Law - Use of Excessive Force by Police . Retrieved from http://library.famu.edu/c.php?g=276382&p=1842027
Ministry of Justice. (2011). Achieving Best Evidence in Criminal Proceedings. Retrieved from https://www.cps.gov.uk/sites/default/files/documents/legal_guidance/best_evidence_in_criminal_proceedings.pdf
IBAC. (2016). Investigations guide conducting internal investigations into misconduct . Retrieved from http://www.ibac.vic.gov.au/docs/default-source/guidelines/investigations-guide---conducting-internal-investigations-into-misconduct.pdf?sfvrsn=2
Powel, M., Garry M. & Brewer, N. (2013). 65 Eyewitness testimony . Retrieved from https://www.agd.sa.gov.au/sites/g/files/net2876/f/powellgarrybrewer13eyewitnesstestimony.pdf?v=1490676272
Global Affairs Canada. (2016). Rights of the accused . Retrieved from http://www.international.gc.ca/court-cour/rights-accu-droits.aspx?lang=eng
Global Affairs Canada. (2016). Victims rights. Retrieved from http://www.international.gc.ca/court-cour/rights-vict-droits.aspx?lang=eng
