POLICE INVESTIGATIONS 101

GUIDANCE FROM SHAKESPEARE’S THE WINTER’S TALE

Gilles Renaud | Ontario Court of Justice[1]

INTRODUCTION

In this article, I document the various elements of guidance and instruction from the play The Winter’s Tale that may result in excellence in investigative work.[2]

Investigators succeed by asking sound and searching questions and my topic might lead to the query: why read a play from centuries ago to become a better police officer today? In response, I quote from Dean John Wigmore, a leading law professor and writer on evidence: "The lawyer must know human nature. He [or she] must deal understandingly with its types and motives. These he [or she] cannot all find close around ... For this learning he [or she] must go to fiction which is the gallery of life's portraits.”[3] If this proposition is sound, and surely it is, then detectives are in the same situation as lawyers, for they also must understand humanity, flawed and at times violent and or scheming, and why not turn to fiction to accomplish this objective?[4]

I have organized my thoughts along thematic lines embracing demeanour evidence, followed by interviewing techniques and skills that police officers must acquire and hone, judgment in police word including human nature and concluding with the subject of professionalism. Thus, my goal is to assist investigators to excel in their difficult but vital work in bringing offenders to justice and in helping to exonerate those thought to have offended, whether suspects or already accused. My objective is achieved, in part at least, by analyzing this excellent play.

DISCUSSION

Demeanour evidence as a guide to investigators

Demeanour – introduction – body language being observed to judge if “matches” the words spoken

Consider a first example taken from another play, King Henry VI (Part1): “Plantagenet Meantime your cheeks do counterfeit our roses; For pale they look with fear, as witnessing The truth on our side.” Refer to Act 2, sc. iv, l. 62. In effect, I imagine you as the investigator are speaking and that you are stating to the person you are interviewing: “your words and your demeanour are fighting each other as what you say is denied by your pale cheeks and fearful expression. In short, your face shows that you are caught in a lie!”

A further useful example follows of the appearance of the witness as a form of “lie-detector”, also from that other play, at 2-iv-64:

Somerset

No, Plantagenet,
'Tis not for fear but anger that thy cheeks
Blush for pure shame to counterfeit our roses,
And yet thy tongue will not confess thy error.

Demeanour – what Shakespeare teaches us in Macbeth

“Duncan: There's no art To find the mind's construction in the face…” [1-iv-12]; “Macbeth … Away, and mock the time with fairest show: False face must hide what the false heart doth know. » [1-vii-92]; “Malcolm … Let's not consort with them: To show an unfelt sorrow is an office Which the false man does easy…” [2-iii-135].

Demeanour – a brief excerpt from R. v N.S., [2012] 3 SCR 726

I only wish to quote this passage from the majority judgment of McLachlin C.J.C. and Deschamps, Fish and Cromwell JJ.A.:

Changes in a witness's demeanour can be highly instructive; in Police v. Razamjoo, [2005] D.C.R. 408, a New Zealand judge asked to decide whether witnesses could testify wearing burkas commented:

... there are types of situations ... in which the demeanour of a witness undergoes a quite dramatic change in the course of his evidence. The look which says "I hoped not to be asked that question", sometimes even a look of downright hatred at counsel by a witness who obviously senses he is getting trapped, can be expressive. So too can abrupt changes in mode of speaking, facial expression or body language. The witness who moves from expressing himself calmly to an excited gabble; the witness who from speaking clearly with good eye contact becomes hesitant and starts looking at his feet; the witness who at a particular point becomes flustered and sweaty, all provide examples of circumstances which, despite cultural and language barriers, convey, at least in part by his facial expression, a message touching credibility. [para. 78]

Demeanour – Guidance from Bowman A.C.J. of the Tax Court of Canada

The future Chief Justice of the Tax Court observed in Faulkner v. Canada (Minister of National Revenue - M.N.R.), [2006] T.C.J. No. 173:

13 Where questions of credibility are concerned, I think it is important that judges not be too quick on the draw. In 1084767 Ontario Inc. (c.o.b. Celluland) v. Canada, [2002] T.C.J. No. 227 (QL), I said this:

8 The evidence of the two witnesses is diametrically opposed. I reserved judgment because I do not think findings of credibility should be made lightly or, generally speaking, given in oral judgments from the bench. The power and obligation that a trial judge has to assess credibility is one of the heaviest responsibilities that a judge has. It is a responsibility that should be exercised with care and reflection because an adverse finding of credibility implies that someone is lying under oath. It is a power that should not be misused as an excuse for expeditiously getting rid of a case. The responsibility that rests on a trial judge to exercise extreme care in making findings of credibility is particularly onerous when one considers that a finding of credibility is virtually unappealable.

14 I continue to be of the view that as judges we owe it to the people who appear before us to be careful about findings of credibility and not be too ready to shoot from the hip. Studies that I have seen indicate that judges are no better than any one else at accurately making findings of credibility. We do not have a corner on the sort of perceptiveness and acuity that makes us better than other people who have been tested such as psychologists, psychiatrists or lay people. Since it is part of our job to make findings of credibility, we should at least approach the task with a measure of humility and recognition of our own fallibility. I know that appellate courts state that they should show deference to findings of fact by trial judges because they have had the opportunity to observe the demeanour of the witness in the box. Well, I have seen some accomplished liars who will look you straight in the eye and come out with the most blatant falsehoods in a confident, forthright and frank way, whereas there are honest witnesses who will avoid eye contact, stammer, hesitate, contradict themselves and end up with their evidence in a complete shambles. Yet some judges seem to believe that they can instantly distinguish truth from falsehood and rap out a judgment from the bench based on credibility. The simple fact of the matter is that judges, faced with conflicting testimony, probably have no better than a 50/50 chance of getting it right and probably less than that when their finding is based on no more than a visceral reaction to a witness. Moreover, it is essential that if an adverse finding of credibility is made the reasons for it be articulated. [Emphasis added]

Demeanour evidence – We all judge the looks of others, on a day-to-day basis, not just investigators

That demeanour is the stuff of day-to-day observations and judgments is supported by the quote that follows: “Polixenes. The king hath on him such a countenance …” See The Winter’s Tale – Act 1, sc. ii, l. 368.

Further, on the question of demeanour being the stuff of day-to-day observations and judgments, consider: “Polixenes. The king hath on him such a countenance …” [1-ii-368]

Demeanour evidence – Actors may put on a brave face, or others, to fool you

In this vein, recall that Leontes observed: “… May a free face put on … and making practised smiles, As in a looking-glass, and then to sigh…” The Winter’s Tale – Act 1, sc. ii, l. 113, 117-118. The lesson for investigators is that offenders know that their demeanour may betray them and they may thus practice their “looks”, their face, with a mirror or more advanced technology.

A bit more guidance on the subject of a person’s ability to fake a favourable demeanour is found in this passage: “Camillo My lord, Go then; and with a countenance as clear As friendship wears at feasts…” The Winter’s Tale – Act 1, sc. ii, l. 342-345. In other words, we will not wish to appear surly or put out at a banquet, reception, etc., and we put on an appropriate “face”. For present purposes, the more pressing concern for investigators is not how we might “appear” in such social contexts, to satisfy societal expectations, but our ability to fake out outward appearance. Consider this further quote: “Camillo. … I will seem friendly, as thou hast advised me.” [1-ii-349]

Demeanour – Body language made up of many parts

First Gentleman

I make a broken delivery of the business; but the
changes I perceived in the king and Camillo were
very notes of admiration: they seemed almost, with
staring on one another, to tear the cases of their
eyes; there was speech in their dumbness, language
in their very gesture; they looked as they had heard
of a world ransomed, or one destroyed: a notable
passion of wonder appeared in them; but the wisest
beholder, that knew no more but seeing, could not
say if the importance were joy or sorrow; but in the
extremity of the one, it must needs be.

The Winter’s Tale – Act 5, sc. ii, l. 8-19.

Demeanour evidence – Nomenclature of what makes up demeanour evidence

Blush

Hermione.

… But thus: if powers divine
Behold our human actions, as they do,
I doubt not then but innocence shall make
False accusation blush and tyranny
Tremble at patience… [3-ii-27]

For our purposes, this passage sets out how little value we ay assign to demeanour involving blushes as both the guilty and the not guilty blush, at least according to Shakespeare. With that in mind, I set out a further example: “Perdita. Your pardon, sir; for this I'll blush you thanks.” The Winter’s Tale – Act 4, sc. iv, l. 583.

Complexion

Polixenes

… what you do know, you must.
And cannot say, you dare not. Good Camillo,
Your changed complexions are to me a mirror
Which shows me mine changed too; for I must be
A party in this alteration, finding
Myself thus alter'd with 't. [1-ii-379]

In some instances, the investigator will have “read the” complexion of a witness and begun to draw a different conclusion as a result.

Eyes

“Polixenes. … when he, Wafting his eyes to the contrary and falling A lip of much contempt …” Act 1, sc. ii, l. 372-374. Later, we read: “Hermione …
The flatness of my misery, yet with eyes Of pity, not revenge! The Winter’s Tale – Act 3, sc. ii, l. 121-122.

Face

“Leontes … May a free face put on … and making practised smiles, As in a looking-glass, and then to sigh …” Act 1, sc. ii, l. 113, 117-118.

Lip

“Polixenes. … when he, Wafting his eyes to the contrary and falling A lip of much contempt …” Act 1, sc. ii, l. 372-374.

Look

This play sets out several useful examples: “Paulina. … And never to my red-look'd anger be The trumpet any more…” [2-ii-33]; “Paulina. … Strike all that look upon with marvel…” [5-iii-100]; “Leontes. …That e'er I put between your holy looks …” [5-iii-148]

Redness

In the study of demeanour, redness due to mirth may be encountered. See Act 4, sc. iv, l. 54: “Florizel. … And let's be red with mirth.”

Shaking

“Camillo. How now, good fellow! why shakest thou so? Fear not, man; here's no harm intended to thee.” The Winter’s Tale – Act 4, sc. iv, l. 629.

Shrug

“Leontes … The shrug, the hum or ha …” Act 2, sc. i, l. 71.

Sigh

“Leontes … May a free face put on … and making practised smiles, As in a looking-glass, and then to sigh …” Act 1, sc. ii, l. 113, 117-118.

Smiles

“Leontes … May a free face put on … and making practised smiles, As in a looking-glass, and then to sigh …” Act 1, sc. ii, l. 113, 117-118.

Wink

“Leontes … To give mine enemy a lasting wink …” Act 1, sc. ii, l. 317.

Interviewing skills that an investigator must acquire and perfect

Interviewing skills – A long, drawn out, “bold” not guilty plea advanced to the police interviewer -

Consider the lengthy extracts found below and be mindful that a professional investigator will not cut off a person’s response to a question, no matter how drawn out, unless there are exceptional circumstances. Of course, the interview may present a golden opportunity for an offender to attempt to hoodwink you, but you must view it as a first opportunity for a person presumed innocent to proclaim this fact.

Hermione

Was not my lord
The verier wag o' the two?

Polixenes

We were as twinn'd lambs that did frisk i' the sun,
And bleat the one at the other: what we changed
Was innocence for innocence; we knew not
The doctrine of ill-doing, nor dream'd
That any did. Had we pursued that life,
And our weak spirits ne'er been higher rear'd
With stronger blood, we should have answer'd heaven
Boldly 'not guilty;' the imposition clear'd
Hereditary ours. [Emphasis added] [1-ii-65]

Interviewing skills – Admissions might be a ploy to gain favour

In my opinion, faults freely admitted might be ploy to hide greater fault in some cases and prudence might be advisable. I note that Camillo stated: “My gracious lord,
I may be negligent, foolish, and fearful …” The Winter’s Tale – Act 1, sc. ii, l. 249.

Interviewing skills – Answering the interjections of witnesses

If a witness states “Do you believe me?” or words to that effect during an interview, I suggest that your only response should be “I am duty bound to obtain information that will be evaluated by others”. I am mindful that many vulnerable witnesses require support and some measure of validation, but the fear is that if you express any reservation, the response will be an exaggerated degree of detail, to reassure you. Consider “Leontes What! lack I credit?” The Winter’s Tale – Act 2, sc. i, l. 158.

Interviewing skills – Assess if witness accuses or praises person(s) of interest

On occasion, it is quite difficult to ascertain if the person being interviewed seeks to harm or to assist the person being described, as illustrated in the quote that follows. It is the responsibility of the interviewing officer to ensure that no ambiguity survives after follow-up questions are put to the interviewee.

Archidamus

Verily, I speak it in the freedom of my knowledge:
we cannot with such magnificence--in so rare--I know
not what to say. We will give you sleepy drinks,
that your senses, unintelligent of our insufficience,
may, though they cannot praise us, as little accuse us.

The Winter’s Tale – Act 1, sc. i, l. 10.

Interviewing skills – Assess if witness is capable of perceiving event correctly, as a matter of cognitive ability

I need add little to the description of the rubric and invite the reader to consider this statement by Archidamus: “Believe me, I speak as my understanding instructs me and as mine honesty puts it to utterance.” Of course, the vocabulary selected appears to describe a person with both intellect and education. See 1-i-19.

Interviewing skills – Assess if witness is providing credible information

As noted earlier, Shakespeare has Archimadus state: “Believe me, I speak as my understanding instructs me and as mine honesty puts it to utterance.” See Act 1, sc. i, l. 19. The first element that the prudent investigator assesses critically is the self-serving statement: “Believe me … honesty …” Many situations of this nature lead to rejection at the end of the day if there is no documentation or information to support the claim. Secondly, investigators should be wary of individuals who include a form of release for “limiting liability for falsehoods” in what they say to police, as in this instance in which the interviewee is quick to state “as my understanding instructs me”. Such a limitation is quite troublesome.

Interviewing skills – Be exhaustive and verify each element for completeness

“Hermione. Never? Leontes. Never, but once.” The Winter’s Tale – Act 1, sc. ii, l. 88. It is obvious that the investigator would have badly represented the potential evidence had she not pursued by asking the further question “Never”?

Interviewing skills – Capacity of the witness to make a sound statement, in terms of their mental health

I offer this example:

Polixenes.

Methinks a father
Is at the nuptial of his son a guest
That best becomes the table. Pray you once more,
Is not your father grown incapable
Of reasonable affairs? is he not stupid
With age and altering rheums? can he speak? hear?
Know man from man? dispute his own estate?
Lies he not bed-rid? and again does nothing
But what he did being childish?

The Winter’s Tale – Act 4, sc. iv, l. 395-403.

Interviewing skills – Commenting on the value of testimony – to be avoided

I suggest that investigators not inform would be trial witnesses as to the potential value of their testimony, as it serves only to deflate their ego if not see as positive and might lead to inflated or exaggerated accounts if later called upon to testify or, even worse, to a situation in which a witness will consider their testimony to be absolutely vital and will refuse to make fair concession at trial, leading to an adverse ruling by the court. In this context, consider these remarks from 1-ii-88: “Leontes … Hermione, my dearest, thou never spokest To better purpose.”

Interviewing skills – Context

In an interview, context may be important, as in determining if you just heard a death threat. Consider Antigonus: “Hang all the husbands That cannot do that feat…” The Winter’s Tale – Act 2, sc. iii, l. 109.

Interviewing skills – Credit to the investigator for basic intelligence

The investigator may, upon a sufficient basis, after some “patient listening”, and expressed in a polite fashion, inform the witness being interviewed of the following: “don’t take me for a suitcase!” For example, Polixenes once stated: “… Be intelligent to me …”, a more subtle means of communicating that you do not like being take for a fool. The Winter’s Tale – Act 1, sc. ii, l. 377.

Interviewing skills – Deception, be wary of

Leontes stated at 1-ii-239, “… but we have been Deceived in thy integrity, deceived
In that which seems so.”

Interviewing skills – Demeanour evidence, obtaining a clear record of

“Leontes. … Virtue itself: these shrugs, these hums and ha's …” Act 2, sc. i, l. 71 and l. 74. The challenge is to ensure that your recording equipment can capture each nuance.

Interviewing skills – Details, examine extent of details

By way of example, I quote from Leontes to illustrate how a potential witness provides a wealth of details:

Is whispering nothing?
Is leaning cheek to cheek? is meeting noses?
Kissing with inside lip? stopping the career
Of laughing with a sigh?--a note infallible
Of breaking honesty--horsing foot on foot?
Skulking in corners? wishing clocks more swift?
Hours, minutes? noon, midnight? and all eyes
Blind with the pin and web but theirs, theirs only,
That would unseen be wicked? is this nothing?
Why, then the world and all that's in't is nothing;
The covering sky is nothing; Bohemia nothing;
My wife is nothing; nor nothing have these nothings,
If this be nothing.

The Winter’s Tale – Act 1, sc. ii, l. 284-296.

The theory is that an abundance of details suggests actual knowledge of the subject matter being described while a paucity of information points to a lack of actual knowledge and suggests fabrication.

Interviewing skills – Duped by appearances

“Paulina. … As this world goes, to pass for honest.” The Winter’s Tale – Act 2, sc. iii, l.

74.

Interviewing skills – Hide your objective and the means of achieving it

Consider what Leontes stated at 1-ii-180: “ ,,, I am angling now, Though you perceive me not how I give line …”

Interviewing skills – Interpreting words of the witness - ensure full record of, including explaining vocabulary

The lengthy passage that follows explains this well:

Servant

He hath songs for man or woman, of all sizes; no
milliner can so fit his customers with gloves: he
has the prettiest love-songs for maids; so without
bawdry, which is strange; with such delicate
burthens of dildos and fadings, 'jump her and thump
her;' and where some stretch-mouthed rascal would,
as it were, mean mischief and break a foul gap into
the matter… [4-iv-193]

Interviewing skills – Leading questions and offering two possible choices

Autolycus remarked at 4-iii-60: “I am robbed, sir, and beaten; my money and apparel
ta'en from me, and these detestable things put upon me.” The Clown then asked: “What, by a horseman, or a footman?” The Winter’s Tale – Act 4, sc. iii, l. 60-65. It is leading as the person interviewed must choose as between two options and neither was proposed by the witness. If the person interviewed had said “I was with a horseman and a footman, and was then beaten…”, a different follow up would be fit, such as “which one of the two beat you?”, assuming they were not acting in concert, which is why totally open question such as “What happened next?” are always acceptable.

Interviewing skills – Look to senses that a potential witness possesses and employs

Leontes remarked at 1-ii-274: “… If thou wilt confess, Or else be impudently negative,
To have nor eyes nor ears nor thought …” Stated otherwise, the careful investigator considers whether the witness has turned all senses, all talents, to the task of recalling accurately what was seen, heard, et cetera.

Interviewing skills – Negative comments directed at person interviewed versus those you accept as to your work

As you interview witnesses, be wary of speaking ill of anyone but you can reverse the situation by accepting blame, if it will advance your investigation. Consider: “Leontes. Go on, go on Thou canst not speak too much; I have deserved All tongues to talk their bitterest.” The Winter’s Tale – Act 3, sc. ii, l. 214.

Interviewing skills – Oaths, be wary of

I do not suggest that you should interview witnesses who have potential evidence of great value to be advanced at trial without an oath or solemn affirmation, merely that persons no longer fear “roasting in hell” if anyone truly did in times past. I do suggest that you not assign too much importance to the fact of an oath and place your confidence in the solemnity of the occasion and the fear of a prosecution for perjury. In this context, consider this quote:

Hermione

Verily!
You put me off with limber vows; but I,
Though you would seek to unsphere the
stars with oaths … [Act 1, sc. i, l. 47]

Consider this example as well: “Clown Not swear it, now I am a gentleman? Let boors and franklins say it, I'll swear it.” The Winter’s Tale – Act 5, sc. ii, l. 159.

Interviewing skills – Right to silence enjoyed by a witness

In my estimation, all potential witnesses you interview, at the scene or at a police station, and not just suspects, enjoy the right to decline to answer questions of police, but if they do reply, they must tell the truth or face an obstruct accusation. For example, Camillo stated “I may not answer”, at Act 1, sc. ii, l. 398. I consider that witnesses may not wish to incriminate themselves and are at liberty to decline to respond. Indeed, this situation may lead the investigator to fruitful lines of inquiry as a refusal is easier to interpret than a vague response.

Interviewing skills – Rise not to insults

One favoured means for a person interviewed to distract the interviewer and to distort the process is to accuse you of lying, as in calling you a liar. “Leontes You're liars all.” The Winter’s Tale – Act 2, sc. iii, l. 144.

Interviewing skills – Saving the innocent especially by lying on their behalf

“Antigonus. … To save the innocent: any thing possible.” One might interpret this quote to mean that an honest person might distort the truth in a misguided attempt to help one they believe to be innocent, making your work so much more difficult. The Winter’s Tale – Act 2, sc. iii, l. 166.

Interviewing skills – Silence, speaks volumes at times

The example that follows illustrates well how a witness who has responded fully to a question may impress even more than the words just spoken by silence. In other words, those who see no purpose in trying to speak on to impress you might be providing the best proof that what they just said was full and accurate. Consider: “Paulina …
The silence often of pure innocence Persuades when speaking fails.” The Winter’s Tale – Act 2, sc. ii, l. 41.

Interviewing skills - Statements that are far too broad

Consider this example: “Leontes You're liars all.” The Winter’s Tale – Act 2, sc. iii, l. 144. When you receive such a statement, be mindful that you can “mine it” to great advantage, obviously, but that you should firstly draw out all of the other information available before doing so.

Interviewing skills – Threats, that will render statement inadmissible

The example that follows, found at 1-i-55, illustrate the concern I am voicing fully: “Hermione … How say you? My prisoner? or my guest? by your dread 'Verily,' One of them you shall be.

Consider this situation as well:

Camillo

Swear his thought over
By each particular star in heaven and
By all their influences, you may as well
Forbid the sea for to obey the moon
As or by oath remove or counsel shake
The fabric of his folly, whose foundation
Is piled upon his faith and will continue
The standing of his body.

The Winter’s Tale – Act 1, sc. ii, l. 424.

Further, I offer this valuable example:

Camillo. … Speak ere [before] thou diest.” The Winter’s Tale – Act 4, sc. iv, l. 452.

Interviewing skills – Verify with witness that can hear and understand well

Consider this indirect example: “Polixenes. … I must be answer'd. Dost thou hear, Camillo …” The Winter’s Tale – Act 1, sc. ii, l. 399-400.

Judgment that an investigator must demonstrate

Judgment – Circumstantial evidence given due weight and hesitation as it is a difficult degree of evidence for a court to give effect to

Third Gentleman

Most true, if ever truth were pregnant by
circumstance: that which you hear you'll swear you
see, there is such unity in the proofs. The mantle
of Queen Hermione's, her jewel about the neck of it,
the letters of Antigonus found with it which they
know to be his character, the majesty of the
creature in resemblance of the mother, the affection
of nobleness which nature shows above her breeding,
and many other evidences proclaim her with all
certainty to be the king's daughter. …

The Winter’s Tale – Act 5, sc. ii, l. 30-41.

Judgment – Human nature – betrayal

In effect, the investigator must consider that if a potential witness can turn on employer, they can betray you, if such words are proper in context of providing information about criminal acts. Consider: “Leon. … All’s true that is mistrusted: that false villain Whom I employ’d, was pre-employ’d by him …” See The Winter’s Tale – Act 2, sc. i, l. 47.

Judgment – Human nature - bias of witness towards someone, a factor to be wary of

Consider the lengthy example that follows. Investigators must always be wary of any type of relationship that might signal a bias, such as love, and it must be emphasised that jealousy may be as powerful a factor towards slanted information as is a romantic link.

Camillo

Sicilia cannot show himself over-kind

to Bohemia. They were trained together in their

childhoods; and there rooted betwixt them then

such an affection, which cannot choose but

branch now. Since their more mature dignities

and royal necessities made separation of their

society, their encounters, though not personal,

have been royally attorneyed with interchange

of gifts, letters, loving embassies; that they have

seem’d to be together, though absent, shook

hands, as over a vast, and embrac’d, as it were,

from the ends of opposed winds. The heavens

continue their loves!

Archidamus

I think there is not in the world

either malice or matter to alter it. You have an

unspeakable comfort of your young prince

Mamillius: it is a gentleman of the greatest promise

that ever came into my note. [Act 1, sc. i, l. 20].

Judgment – Human nature – complex beings are we

“Leontes Where the warlike Smalus, That noble honour'd lord, is fear'd and loved?” Indeed, how can we both fear and love another? Refer to The Winter’s Tale – Act 5, sc. i, l. 156.

Judgment – Human nature – honesty

“… Are such allow'd infirmities that honesty Is never free of …” is a phrase that Camillo pronounces in The Winter’s Tale, at Act 1, sc. ii, l. 263. For present purposes, what the investigator must be wary of is that some witnesses might be too honest in setting out their frailties, exaggerating faults when a more objective view might put the bar differently.” Perhaps, in the final analysis, I ought to suggest that this is a matter of reliability, of frailty of evidence, as opposed to honesty.

Judgment - Human nature – jealousy

At times, one might be forgiven for thinking that so much investigative time is allocated to analyzing the negative emotions, such as jealousy, that may be motivating information provided by witnesses. In support of this view, much of Act 1, sc. ii, l. 255 to 285 is devoted to the subject of jealousy, as in the play Othello. The most telling phrase being “… without my present vengeance taken …” See lines 280-281 and lines 296-299 where Camillo states: “Good my lord, be cured Of this diseased opinion, and betimes; For 'tis most dangerous.”

Thereafter, we read: “Hermione … Which I would free, if I shall be condemn'd
Upon surmises, all proofs sleeping else But what your jealousies awake…” [3-ii-110] Later, at l. 157, Leontes states: “… For, being transported by my jealousies …” at l. 158.

Judgment – Human nature – youth

I suggest that the passage that follows explains fully this concern, and how the judgment of the professional investigator is challenged in such cases.

Polixenes

We were, fair queen,
Two lads that thought there was no more behind
But such a day to-morrow as to-day,
And to be boy eternal. [Act 1, sc. ii, l. 62].

Further guidance on the twin subjects of youth and immaturity is found in this quote:

Shepherd

I would there were no age between sixteen and
three-and-twenty, or that youth would sleep out the
rest; for there is nothing in the between but
getting wenches with child, wronging the ancientry,
stealing, fighting--Hark you now! Would any but
these boiled brains of nineteen and two-and-twenty
hunt this weather? … Act 3, sc. iii, l. 58-66.

Judgment – Identification evidence contains many frailties – Be wary of

Third Gentleman

The Winter’s Tale – Act 5, sc. ii, l. 30-41.

Judgment – Kids in a schoolyard – conduct and information mostly unreliable as not much by way of detail or that is supported objectively

Little more need be said by me in support as the words below make plain how an investigator will be at a loss to view this exchange as useful.

Leontes

Say it be, 'tis true.

Camillo

No, no, my lord.

Leontes

It is; you lie, you lie:
I say thou liest, Camillo, and I hate thee …

The Winter’s Tale – Act 1, sc. ii, l. 297.

Judgment – Recklessness of some individuals

The professional officer will always consider the mental element in their investigations, notably the issue whether recklessness was involved. For example, “Florizel. Not any yet: But as the unthought-on accident is guilty To what we wildly do…” The Winter’s Tale – Act 4, sc. iv, l. 537.

Judgment – Self-fulfilling prophecy

The investigator must beware the danger that one’s initial impression, based on very little information, evolves into a theory as you experience the evolution of your thinking and beliefs. Consider: “Leontes. … I have too much believed mine own suspicion.” The Winter’s Tale – Act 3, sc. ii, l. 151.

Judgment – Truth – not all of it will be uncovered by your diligent efforts

Antigonus

[Aside] To laughter, as I take it,
If the good truth were known. [Act 2, sc. i, l. 199].

Professionalism in investigative work

Professionalism – Advantage not to be taken of detainee who will not sign release documents

Every so often, you will encounter an individual who refuses to sign whatever release document you will have prepared, being convinced that to do sign amounts to a confession. In such cases, I suggest that your professionalism will be in evidence when you write on the document words to the effect that the detainee refused to sign but did not in any suggest that they would not appear or that they would engage in whatever conduct you specifically documented was strictly prohibited. The exchange noted below, and previously, illustrates this dynamic:

Hermione
… How say you?
My prisoner? or my guest? by your dread 'Verily,'
One of them you shall be.

Polixene

Your guest, then, madam:
To be your prisoner should import offending …

The Winter’s Tale – Act 1, sc. i, l. 55.

Professionalism – Analyze the case often and fully

An investigator who wishes to earn praise during their career will have analyzed, will have thought deeply about cases to not overlook vital points. In this context, Leontes observed: “… or thought, - for cogitation Resides not in that man that does not think …” The Winter’s Tale – Act 1, sc. ii, l. 271. Whatever your opinion, do not second-guess yourself once you reach it. Thus, “Clown but though my case be a pitiful one, I hope I shall not be flayed out of it.” The Winter’s Tale – Act 4, sc. iv, l. 816.

Professionalism – Be decisive

Consider this indirect example of a person deciding to not decide! “HERMIONE … Of this make no conclusion …” The Winter’s Tale – Act 1, sc. ii, l. 81. An experienced investigator would better serve the administration of justice by stating: “The conclusion is that no case is made out or that a case is made out.

Professionalism – Deliberation as one of the elements that make up decision making

This quote is helpful, I suggest: “Time. I, that please some, try all, both joy and terror
Of good and bad, that makes and unfolds error “… The Winter’s Tale – Act 4, sc. i, l. 1-2. I wish to add that what the prudent investigator must do is found at The Winter’s Tale – Act 4, sc. ii, l. 35-36: Polixenes. “I have considered so much, Camillo, and with some
care…” In other words, one should never rush to judgment. The difficulty is that investigators might be correct to rely on their first impression, as in this case: “Autolycus. … Tell me, for you seem to be honest plain men …” Will deliberation modify this opinion in any way? The Winter’s Tale – Act 4, sc. iv, l. 795.

Professionalism – Fact finding

Dorcas.

Is it true too, think you?

Autolycus.

Five justices' hands at it, and witnesses more than
my pack will hold. Act 4, sc. iv, l. 283-285.

Typically, investigators cannot count on so rich a hand of witnesses…

Professionalism – Justice is your true employer

“Antigonus. Be certain what you do, sir, lest your justice Prove violence …” This citation found at Act 2, sc. i, l. 127 serves to illustrate the importance of your ultimate duty which is to the administration of justice. If you make a mistake, especially by reason of tunnel vision or distorted judgment, that could easily have been avoided, you assist in bringing justice into disrepute.

Professionalism – Language rights s. 14 of Charter

Hermione underlines the type of issue that arises, that requires the professional interpreter to ensure that the person interviewed understands what is being asked, and that furthers the cause of justice as there will be no doubt as to what the witness sought to communicate. Thus: “… You speak a language that I understand not …” The Winter’s Tale – Act 3, sc. ii, l. 27-32.

Professionalism – Open mind, must keep

This element of professionalism is defined by the lengthy passage that follows:

Hermione.

Since what I am to say must be but that
Which contradicts my accusation and
The testimony on my part no other
But what comes from myself, it shall scarce boot me
To say 'not guilty:' mine integrity
Being counted falsehood, shall, as I express it,
Be so received. But thus: if powers divine
Behold our human actions, as they do,
I doubt not then but innocence shall make
False accusation blush and tyranny
Tremble at patience… [Act 3, sc. ii, l. 22]

Of course, so complicated a statement will require the investigator to ask a number of follow up questions.

Professionalism – Paid well in quiet praise, but often poorly paid in real terms

In this vein, Act 1, sc. ii, l. 94, reminds us that investigators cannot depend on society recognizing fully their contributions by means of the pay scale, though no payment equals the praise a victim may bestow upon you. Thus: Hermione … Our praises are our wages…”

Professionalism – Prepare witness for “open” trial where there are members of public

Leontes …
Summon a session, that we may arraign
Our most disloyal lady, for, as she hath
Been publicly accused, so shall she have
A just and open trial. While she lives
My heart will be a burthen to me. Leave me,
And think upon my bidding. The Winter’s Tale – Act 2, sc. iii, l. 201-106.

It is important to explain to potential witnesses and notably complainants and other vulnerable individuals how a trial will be conducted in a public venue, and of the safeguards for their identity, if applicable, and technological means of keeping them away from the defendant.

Professionalism - Testimony you provide – seek to be qualified as having provided full, fair, and valuable information

Consider this example: “Leontes. … Within this hour bring me word 'tis done, And by good testimony …” The Winter’s Tale – Act 2, sc. iii, l. 135.

Professionalism – Work in short bursts of intense activity as information gained

This is made plain by the citation: “Dion … will rush to knowledge…” The Winter’s Tale – Act 3, sc. i, l. 21.

Conclusion

In the case of most veteran investigators, you will have already learned all the lessons set out in this guide to investigative work as “taught” by Shakespeare in his play The Winter’s Tale. In such cases, I invite you to re-write and correct this document. In the cases of other readers, I invite you to suggest changes and improvements. In all cases, I hope that this different way of teaching signal lessons to have been informative and useful.

[1] This article is written in a private capacity. Should any of my opinions be quoted to me by a prosecutor seeking to support the work of an investigator, I reserve the right to state: “Now that I think about that point, in light of the cases cited by defence counsel, I find that I was wrong!” I recall a very experienced judge, who had one of his books cited by a lawyer, and who stated: “I will change that part when the book goes to the printer for the next edition.”

[2] For the sake of brevity, I might only refer to “the play”. As for the citations, Act 2, sc. ii, l. 2 may be referenced as 2-ii-2.

[3] See "A List of One Hundred Legal Novel" (1922), 17 III. L. Rev. 26, at p. 31.

[4] Refer as well to a similar article by Law Professor W.H. Hitchler who published these relevant remarks in "The Reading of Lawyers", (1928) 33 Dick. L. Rev. 1-13, at pp. 12-13: "The Lawyers must know human nature. [They] must deal with types. [They] cannot find all them around... Life is not long enough. The range of [their] acquaintances is not broad enough. For this learning, they must go to fiction. ...” I could easily replace “lawyers” by “police officers” and the meaning remains correct.