Dr Kennedy Mabuku
In the realm of criminal justice, it has become a commonplace practice to place sole blame on the police when convictions fail to materialise.
Acknowledging that some failed convictions may indeed be attributed to police negligence in investigations is essential. However, it is equally crucial to emphasise that in many cases, the public fails to provide law enforcement agencies with critical information and evidence that could lead to successful convictions. While the police cannot be omnipresent, crimes are typically committed within the community itself, making the active participation of ordinary citizens indispensable.
Therefore, this write-up illuminates the fundamental role of ordinary citizens in police investigations. By examining the capabilities of the police, exploring their limitations, and highlighting the undeniable importance of public participation, this write-up underscores the necessity of collaboration between the police and the community for sufficient investigations, and subsequently convictions. To this end, I dispel misconceptions and bridge the gap in understanding, presenting a comprehensive analysis that emphasises the symbiotic relationship between law enforcement and the citizens not only in Namibia but in other many countries. There is no doubt that law enforcement agencies possess several key capabilities that are critical to conducting successful investigations. These include specialised training and expertise, access to resources and technology, and a range of investigative techniques. For instance, in Namibia, detectives undergo rigorous basic and advanced investigations training at police colleges and training centres.
These trainings aid in developing skills in evidence collection, forensic analysis, and interrogation. Moreover, the police have the advantage of utilising advanced technologies such as DNA analysis, surveillance systems, and database management tools to aid in solving crimes. Despite their capabilities, the police encounter significant limitations that can impede successful investigations.
In addition to limited resources, police departments in general often operate with limited personnel. The number of officers available to patrol and respond to calls may be numerically insufficient to cover every neighbourhood and collect evidence for every potential crime. It should also be noted that the police have multiple functions not only investigation, these competing priorities further exacerbate the strain on police manpower, making it both physically and logistically impossible to have an officer present at all times in every area. On the other hand, respecting individuals’ privacy rights is a cornerstone of democratic societies like Namibia and serves as a challenge in crime investigations. Police officers must adhere to legal and ethical guidelines that protect citizens’ privacy. While this protection is essential for civil liberties, it presents a challenge for police investigations.
The police cannot constantly monitor or intrude upon private spaces without probable cause or a valid search warrant. Such limitations prevent the police from having a physical presence in every home or monitoring every individual’s activities to solicit evidence for effective investigations. For instance, when investigating crimes that occur within private spaces, such as domestic violence or drug-related offences, the police may face difficulties gathering evidence or obtaining witness statements without violating privacy rights. This limitation can hinder investigations and weaken the chances of securing a conviction if crucial evidence cannot be obtained lawfully. There is also a notable trend that criminal activities occur unpredictably and can quickly shift from one location to another. This is because criminals are adaptive, seeking opportunities where law enforcement presence may be relatively lower or response times may be delayed. The dynamic nature of the crime makes it unthinkable for the police to be in the right place at the right time consistently, necessitating the involvement of the populace as additional eyes and ears in the community. The narrative above may coerce us to fundamentally pose these two questions; firstly, is it empirical to expect the police to be physically present everywhere? Taking cognizant that some crime often occurs behind closed doors, making it essential for the community to play an active role in reporting suspicious activities or furnishing information that could aid investigations. In cases of child abuse, neglect, GBV and incest, neighbours or community members who witness concerning behaviour or signs of mistreatment play a critical role in reporting their observations to the police for feasible convictions.
To have a broader view of the preceding description, allow me to borrow from Dr Edmond Locard’s exchange principle, which dictates that during a crime, evidence from the perpetrator is left at the scene, and evidence from the scene is transferred to the perpetrator or their immediate surroundings. Significantly, this exchange can occur through the movement of objects or individuals among others which may be witnessed by the public members, not necessarily the police. bWithout their involvement, lack of proof for a crime committed permits perpetrators to evade the wrath of justice. Secondly, we may further self-introspect: how frequently have we reported crimes that are committed in our presence? By reporting pessimistic activities, citizens can serve as the eyes and ears of the community, alerting the police to potential criminal acts. This accords with the primary argument of the present write-up that witness cooperation is vital in providing accurate testimonies and evidence that can support successful prosecutions in Namibian courts. Sadly, several criminal cases in which the citizen thought the accused would be found guilty are normally withdrawn due to the State’s failure to prove beyond reasonable doubt through evidence on the accused’s link to the crime. It is unfortunate that successful convictions are not solely reliant on the efforts of law enforcement but are the result of a strong collaboration between the police and ordinary citizens.
This interlink is exemplified through collaborative investigations, strengthened witness protection programs, and community empowerment initiatives like community policing. Combined investigations leverage the expertise of both police and citizens, pooling resources, knowledge, and perspectives to accomplish reasonable outcomes. In conclusion, successful police investigations and convictions are contingent upon the active participation of ordinary citizens. The capabilities of the police, while significant, are not sufficient in isolation. By recognising the vital role of the community in reporting crimes, cooperating as witnesses, and engaging with law enforcement, citizens contribute to the strength and effectiveness of police investigations.
Gripping this nest of realisation, the need to move beyond the prevalent blame culture and instead foster a shared responsibility between the police and the public becomes compelling. Through collaborative efforts, trust-building, and harnessing the collective knowledge and resources of both parties, investigation can be enhanced and this increases the likelihood of finding the accused guilty.
*Dr Kennedy Mabuku writes in his personal capacity. The illustrations and perspectives submitted are not suggestive of the Namibian Police Force or any specific organisation. They are exclusively intended to illustrate interlinks between the police and citizens in investigations. He can be reached at kennedymabuku@yahoo.com or 0814173100