Thorough, offender-focused investigations are the foundation of effective law enforcement response to reports of crime.

These investigations include interviewing victims, witnesses, and suspects; processing crime scenes; locating and processing evidence from other sources; integrating victim advocacy; and analyzing intelligence and connected cases. The effective use of controlled communication can be a critical strategy to support investigations.

What Is Controlled Communication?

Controlled communication involves recorded contact between suspects and individuals who have been impacted by crime for the purpose of gathering information about offenses being investigated. The process is overseen by law enforcement, and recorded contact often involves victims, but it can also involve witnesses and victims’ parents or legal guardians. This strategy can be applied to multiple crime types and is most effectively employed in cases when victims and suspects have current or previous relationships (e.g., sexual assault by an intimate partner, drug- and alcohol-facilitated sexual assaults, domestic violence).

Benefits and Purpose

Controlled communication can be used to obtain information that corroborates other evidence and statements made by victims and witnesses—or that refutes statements made by suspects. It can also help identify other information to be investigated and help establish elements of the crime according to statutory requirements. Statements made by suspects during controlled communication can be powerful evidence during subsequent law enforcement suspect interviews and in court, leading to increased offender accountability and increased positive case outcomes.

Inclusion of Victim Advocates

Victim advocates are essential team members in the overall response to crime and provide vital assistance to ensure that victims’ rights and needs remain a priority throughout the investigative process. Investigators who use controlled communication should do so in coordination with victim advocates to assess victims’ willingness and readiness to participate. It is essential that the emotional well-being and safety of victims and witnesses participating in controlled communication are factored into assessment processes. Victim advocates can also partner with investigators to help prepare sample dialogue, conduct practice sessions, and manage expectations of those participating.

During controlled communication, victim advocates provide support even if a victim chooses to withdraw their participation. Following any controlled communication, victim advocates serve as an essential resource to enhance ongoing engagement with justice system processes.

Fundamental Considerations

Developing agency written guidance for use of controlled communication is essential for collaborative and consistent practices that outline expected and prohibited conduct.

The following fundamental issues should be considered when developing controlled communication policies and procedures:

• Can contact between suspects and people impacted by crime be legally recorded? Federal and state laws must be consulted prior to using controlled communication. Consent requirements for recording conversations are key factors and vary by state.
• Are necessary equipment, accounts, and locations available? Testing equipment and using quiet, secure rooms will support successful controlled communication.
• Has thorough preparation occurred? Preparation includes conducting pre-contact meetings and safety assessments; completing a comprehensive review of case facts; and ensuring familiarity with policies, statutes, and legal thresholds for conduct during controlled communication.
• Have post-contact meetings and actions been planned? Following controlled communication, evaluation of suspect statements will guide the next steps in the investigative process.

Expected Outcomes

Not all investigations or investigative strategies result in prosecution and conviction of suspects. The ethical and judicious use of controlled communication is one component of—not a substitute for—thorough and objective investigations. As professionals, it’s important to remember that effective law enforcement response to reports of crime includes completion of investigations through collaboration among team members, development and adherence to policy, delivery and use of proper training, and addressing victims’ rights and needs.

For more information about the resources presented in this article, please reach out to the SAKI TTA Team at sakitta@rti.org.d