Final Report: Summary of Criminal Investigation Process - Essay Sample

Introduction

Final reports are a summary of the investigation of a criminal case that is presented before the commencement of a criminal trial. The reports are crucial to the success of the case because a prosecution is just as good as the final report from the investigating officer. The final report summarizes everything for the prosecutor so that when they take the case, they can try it with due efficiency. The report is a summary of the entire process of investigation, including the preliminary investigation, follow up reports, testimonies and witness statements, relevant lab reports, images and diagrammatic expression of important facts. Such a report is important to the prosecution in various ways as this paper illustrates/

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

According to (Geldenhuys, 2017), the final report is important to the prosecution of the case because it emphasizes specific crucial points and recommends actions. The final report makes sure that the important facts of the case are highlighted so that the appropriate action is taken by the prosecution. (Geldenhuys, 2017) connotes that details within the final report serve as a guide to the prosecuting attorney to formulate arguments. Besides, the report entails a list of witnesses and their respective testimonies in an organized fashion, according to the elements of the crime. When the prosecution receives this report, they can determine the witnesses that are most relevant to the case so that they can submit a coherent and consistent proof during the trial. The summary of the witnesses reveals to the prosecution whether or not they have a strong case. Moreover, the availability of the final report allows the prosecution to analyze the case from the defense's point of view and make rebuttals to expected defenses. Furthermore, the report is an opportunity for the prosecution to assess the crime and recommend action for the court.

As earlier mentioned, the final report of the investigation is the hinge upon which the prosecution's case relies. It has to be well done for the case to sail on well. When poorly done, a final report may hurt the prosecution's case in that it cannot be deemed reliable for final mitigations. Final mitigations need to be constructed on facts, not theories or opinions of the investigating officer (Geldenhuys, 2017). Cases that are made out of a poorly done report are likely to be dismissed even before they begin because they are not based on facts and may not fulfil the burden of proof as required before a verdict is delivered. A shoddily prepared final report that does not meet the legal standards is the reason for most cases being dismissed on multiple grounds like lack of witnesses, or corroborating evidence.

Stages of Criminal Proceedings

A criminal proceeding begins with the investigative stage, where the officer investigating the crime gathers the facts of the case before presenting the case for the prosecution. The investigation stage begins with the preliminary findings which are the inspection of the scene of the crime and establishing the suspects (Kelty et al., 2018). The follow-up procedures are then initiated to gather corroborating pieces of evidence like witnesses, exhibits and other elements that place the suspect at the scene of the crime. Interrogations are corroborated by using photographs or lab reports whenever applicable.

Investigative stage paves the way for the charging stage, where a determination of competence of the case is made. The case is either accepted for prosecution or dismissed depending on the evidence that is presented by the investigating officers (Kelty et al., 2018). At this stage, the determination of competence is either done by a grand jury or the prosecuting attorney. Felony charges are accepted or rejected by grand juries while criminal charges are accepted or rejected by the prosecuting attorney.

After the charging stage, the cases then move to the discovery and motion stage. This is an important part of the trial process as the defense lawyer gets to formulate their strategy at this stage. The motions entered in this stage are meant to dismiss the case on grounds that the attorneys cite (Kelty et al., 2018). They may move to dismiss the charges on grounds of lack of evidence or any other reason. Other motions include the bail denial or acceptance, and other motions before the trial commences. When the case moves forward, the parties move on to the discovery stage, which essentially reveals the evidence that each side has for the case, including the list of witnesses. Discoveries are an opportunity for both attorneys to seek access to the opposition territory and unearth evidence that would help win their case.

Finally, after all, motions are presented, and preliminary arguments are made, the judge gives a ruling which sets the stage for the last stage, which is trial. Trials are where the determination of guilt happens (Kelty et al., 2018). It can be a jury trial or a bench trial. Alternatively, the two parties can agree and enter a plea bargain if the defendant feels they stand to lose much by going through the rigors of the trial. Additionally, the defendant has the option to plead guilty to all charges and place himself at the mercy of the law. Whatever happens in this stage is part of the strategy of the sides trying the case.

Investigation and Trial

Detective Richard Gautsch, an experienced investigator, recommended that when giving their testimony in court, an investigator needs to focus on specific areas. First of all, the investigator needs to focus on their preparation for this day. Memorizing the final report does not count as preparation. The investigator needs to study the report and give their testimony with minimal reference to the report as possible (Waltke, 2020). This gives the impression that the investigator knows what they are talking about and that they know the facts of the case.

Secondly, the investigator needs to hone their communication skill because communication goes beyond the words that one utters (Waltke, 2020). The investigator should use auxiliary cues to exude confidence in self and reliability.

The third and final aspect that the investigator ought to pay attention to is their credibility. The investigator needs to make sure that whatever they say on the stand is credible and is from a reliable source. Using heresy and unsupported claims rules them out as incompetent (Waltke, 2020).

The investigators play a central role in the case prosecution because they are the people that gather the relevant facts of the case, respond to the scene of the crime (Waltke, 2020). The officer interrogates witnesses and analyzes their statements, providing confessions and admissions for the prosecution's sake. They also gather negative pieces of evidence like alibis so that prosecution is well prepared for the case.

Not Guilty and Acquittal

A not guilty verdict means that the court, after careful examination of the case, does not have enough pieces of evidence to convict the accused. A verdict of not guilty means the accused is acquitted and they are free to go (Geldenhuys, 2017). Acquittal and a "not guilty" verdict are used interchangeably in law. When a defendant is acquitted, it does not necessarily point to the failure of the investigator. There are a host of factors that determine the outcomes of a case, not only the investigation reports.

Looking Forward

Technological inventions continue to dominate the world and the legal systems are also adopting modern technologies. In the future, the investigation of criminal cases will be using modern technologies like admissions of video and audio pieces of evidence during trials in all judicial systems not only in America but the world over.

References

Geldenhuys, K. (2017). Procedural relationship between the prosecutor and the investigating authority: the search for the optimal model. Servamus Community-Based Safety And Security. https://doi.org/10.17803/1994-1471.2015.61.12.206-213

Kelty, S., Julian, R., Bruenisholz, E., & Wilson-Wilde, L. (2018). Dismantling the justice silos: Flowcharting the role and expertise of forensic science, forensic medicine and allied health in adult sexual assault investigations. Forensic Science International, 285, 21-28. https://doi.org/10.1016/j.forsciint.2018.01.015

Waltke, H. (2020). Sexual Assault Cases: Exploring the Importance of Non-DNA Forensic Evidence. National Institute of Justice. Retrieved 12 March 2020, from https://nij.ojp.gov/topics/articles/sexual-assault-cases-exploring-importance-non-dna-forensic-evidence.