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Principles of investigative documentation

"In the years since this book's initial publication, my co-author, Scott Krischke, and I have continued to build upon the principles outlined in the first edition. Scott worked as a staff attorney for the Legal Aid Society of New York City and is presently at the Federal Public Defender fo...

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Main Author: Becnel, Philip,
Other Authors: Krischke, Scott James,, Becnel, Alexandra K.,, EBSCOhost.
Format: eBook
Language: English
Published: Springfield, Illinois : Charles C Thomas, Publisher, LTD., 2024.
Physical Description: 1 online resource (xx, 244 pages) : illustrations.
Edition: Second edition.
Subjects:
Criminal investigation.
Documentation.
Electronic books.
Table of Contents:
  • Intro
  • PRINCIPLES OF INVESTIGATIVE DOCUMENTATION
  • ABOUT THE AUTHORS
  • PREFACE
  • INTRODUCTION
  • ACKNOWLEDGMENTS
  • CONTENTS
  • PRINCIPLES OF INVESTIGATIVE DOCUMENTATION
  • Part I OVERVIEW
  • INTRODUCTION
  • Chapter 1 FIVE PRINCIPLES OF INVESTIGATIVE DOCUMENTATION
  • 1. Take notes about everything.
  • 2. Document every effort to contact a witness and all surveillance in your running resume.
  • 3. Prepare a report when there is any possibility you may testify.
  • 4. Take verbatim statements or audio recordings from hostile or unhelpful witnesses.
  • Get declarations from friendly witnesses.
  • 5. Provide all case documents to the client at the conclusion of the case-or have a document retention policy that decrees the maintenance of most records for at least five years.
  • Chapter 2 MISCONCEPTIONS RELATED TO DOCUMENTATION
  • Myth: Grammatical and other non-substantive mistakes do not matter in reports.
  • Myth: Reports are objective.
  • Myth: It is better not to document an investigation than to risk the documents becoming discoverable.
  • Myth: Email is a sufficient means of documenting an investigation.
  • Myth: Digital media do not require additional documentation.
  • Chapter 3 RACIAL AND GENDER IDENTITY IN YOUR REPORTS
  • 1. Consider the source.
  • 2. Confront biases and assumptions.
  • 3. Race and ethnicity.
  • 4. Gender and sexuality.
  • Part II LEGAL ISSUES WHEN DOCUMENTING AN INVESTIGATION
  • INTRODUCTION
  • Chapter 4 CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE
  • 1. What is confidentiality?
  • 2. What is attorney-client privilege?
  • 3. What is the work product doctrine?
  • 4. Are there other protections outside of these three legal doctrines?
  • Chapter 5 HEARSAY.
  • 1. What is hearsay?
  • 2. Literally anything someone tells you could end up being a prior inconsistent statement.
  • 3. Recorded recollections.
  • 4. "He uttered excitedly, 'Greg shot him!'"
  • 5. Other exceptions and stuff to know.
  • Chapter 6 REAL EVIDENCE
  • 1. You have a duty to preserve evidence.
  • 2. How to handle real evidence.
  • 3. Documentary evidence.
  • 4. Preserving real evidence that is digital.
  • Part III DOCUMENTING IN PRACTICE
  • INTRODUCTION
  • Chapter 7 NOTETAKING
  • 1. Always bring along at least two pens and a clean legal pad.
  • 2. Learn to listen and observe first, and then take notes afterward.
  • 3. Think proactively and ask the right questions.
  • 4. Develop your own system for abbreviations.
  • 5. Review your notes immediately after the activity.
  • Chapter 8 RUNNING RESUMES
  • 1. Add a notation to the running resume for all interviews, attempted interviews, and surveillance.
  • 2. Update your running resume daily.
  • 3. Include identifiable details in your updates.
  • 4. Send updates to clients when you complete a task successfully or when you definitively fail.
  • Chapter 9 REPORTS.

In Prospector

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