Legal investigators are responsible for providing factual evidence a " as the fact finders, they are the foundation for the attorneys they work with daily. The attorney is responsible for forming and implementing the legal strategy and presenting it to the judge or jury. The legal investigator provides checks and balances to ensure that no evidence is being forced upon a theory, and that no theory is being forced upon the evidence. Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases presents legal investigators with a step-by-step process that reveals how to methodically find and report evidence in every aspect of the investigative process.
Similar to the scientific principle of using research to prove or disprove a theory, the authora (TM)s Investigative Protocol is designed to find the facts that prove or disprove criminal charges, civil allegations, or elements thereof. The book includes case studies that clearly detail how the process of the Investigative Protocol applies to every assignment of the case and to the case as a whole. Comprehensive and methodical, the system provides a map to the truth.
Dean A. Beers, CLI, formed his legal investigative agency in 1987, quickly becoming a leading and innovative provider of investigative, legal, and trial support services. His services include incident and scene investigations, causation of injuries and death, photography, videography, interviews, evidence collection, records and reports reviews, statement analysis, and many other related services. Beers has lectured extensively and is a regular contributing editor to The Legal Investigator, a publication of the National Association of Legal Investigators.
What Is a Professional Legal Investigator? The Professional Legal Investigator Five Qualities of a Professional Legal Investigator The Passionate Search for the Facts The Goals of the Professional Legal Investigator The Three Requirements of All Investigations What Roles Are Played in the Legal Drama? Stage 1: Prepare Prepare--Introduction Prepare--Records and Reports Prepare--Research Prepare--Scene Prepare--Photography Prepare--Interviews Prepare--Transition to Inquire Stage Stage 2: Inquire Inquire--Introduction Inquire--Records and Reports Inquire--Research Civil and Criminal--Motor Vehicle Collision Civil--Slip/Trip/Fall Criminal--Assault All Types of Cases Inquire--Scene Inquire--Photography Inquire--Interviews Inquire--Backgrounds Inquire--Expanding the Investigation Inquire--Request More Information Inquire--Transition to Analyze Stage Stage 3: Analyze Analyze--Introduction Analyze--Records and Reports Analyze--Research Analyze--Scene Analyze--Photography Analyze--Interviews Overall Analysis and Transition to Document Stage Stage 4: Document Document--Introduction Document--Evidentiary Discovery and Disclosures Document--Attorney-Client and Client (Plaintiff or Defendant) Document--Legal Investigator's Work Product Document--Transition to Report Stage Stage 5: Report Report--Introduction Report--Identification Report--Case Initiation or Case Status (Prepare) Report--Incident Synopsis (Prepare) Report--Provided Information (Prepare) Report--Discovery or Disclosure (Prepare) Report--Witnesses or Persons of Interest (Prepare and Inquire) Report--Backgrounds of Involved Parties and Witnesses (Prepare and Inquire) Report--Interviews, Contacts, or Statements (Prepare, Inquire, and Analyze) Report--Interview Summaries and Transcripts (Inquire and Analyze) Report--Scene Surveys or Investigations and Descriptions (Inquire, Analyze, and Document) Report--Investigative Processes (All Stages--Focus on Inquire) Report--Investigative Findings or Expert Opinions (Inquire, Analyze, and Document) Report--Key Points of Opposing Investigation (Inquire, Analyze, and Document) Report--Audio Recordings, Video Recordings, and Photography (Document) Report--Attachments, Reports, and Records Acquired (Document) Report--Evidence Collection, Retention, and Distribution (Document) Report--Pending Assignments and Activities (Analyze and Document) Report--Recommendations (Analyze) Report--Summary (Complete Investigative Protocol) Report--Certification and Confidentiality Statements Report--Presentation to the Attorney-Client Report--Other Common Reports Report--Other Considerations Understanding the Completion of this Investigative Protocol Introduction Stage 1: Prepare Stage 2: Inquire Stage 3: Analyze Stage 4: Document Stage 5: Report The Legal Investigator The 80/20 Rule of Investigation (and All Things Related) Introduction Stage 1: Prepare Stage 2: Inquire Stage 3: Analyze Stage 4: Document Stage 5: Report An Investigator's Day Rules and Ethics as Agent for Attorneys Ethics and Professional Licensing Ethics and Rules of Evidence Common Rules Violated Ethics Scenario Specific Applicable Rules of Professional Conduct and Ethics for Legal Investigators Scenario (Criminal) Specifics to the Rules of Professional Conduct (Investigators) Pretexting for Investigative Purposes Five Qualities of a Professional Investigator Equivocal Legal Investigations and Subject Assessment Chronic and Acute Subject Assessment Factors in ELIs The Legal Investigator's Relationship with Families Conducting Comprehensive Background Investigations Introduction Scenario--Hit and Run Examples of What Can Be Found in Public Records Tips and Techniques Crash Course on Forensic Photography Introduction Recommended Equipment Highlights of Recommended Policy Key Purposes of Forensic Photography Proper Photographic Techniques Improving Techniques and Results Protocols of the Forensic Photographer (Including Law Enforcement) Recording, Archiving, and Distribution of Images Enhancing vs. Manipulating Images Courtroom and Evidence Conclusion Reviewing and Comprehending Autopsy Reports Introduction An Overview of Death Investigation Autopsy Report Format and Contents Nonconforming Autopsy Reports What to Look For Investigative Considerations Conclusion Introduction to Common Composite Scenarios: Using This Investigative Protocol and Reporting Investigating Nursing Home and Elder Deaths (and Abuse) Case Initiation and Assignments Incident Synopsis Key Facilities, Agencies, and Persons Social History Medical History Summary Medical and Incident Records Review Other Records Reviewed Incident Witnesses Staff Professional Disciplinary Actions Interviews Investigative Summary Exposure Incident to Death Determination Scenario Conclusion Equivocal Death Analysis and Investigation Case Initiation Incident Synopsis Identification and Assessment Photographs Description of the Scenes Social History and Victimology Medical History Case Investigation Scenario Conclusion Investigating Motor Vehicle Collisions Case Initiation and Assignments Incident Synopsis Collision Scene Description Persons of Interest Scene Photography and Videography Interview Summaries Attachments to This Report Additional Information Pending Additional Recommendations Summary Scenario Conclusion Criminal Defense--Felony Assault and Sex Assault Case Initiation and Assignments Incident Synopsis Prosecuting Attorney Discovery Persons of Interest Investigative Review of Discovery Witnesses Evidence Analysis Scene Photography and Videography Description of the Scenes Social History and Victimology Medical History Interview Summaries (Transcripts Are Attached) Audio Recordings Retention and Distribution Other Records Reviewed Additional Information Case Investigation/Investigative Findings Pending Additional Recommendations Summary Scenario Conclusion Glossary Appendix A: The Legal Investigator Defined Appendix B: Miranda Warning and Waiver Appendix C: Incident Scene Investigation Protocol Appendix D: Criminal Investigation Tips in Crimes Against Persons Appendix E: Records for Basic Background Checks Appendix F: Fact-Finding Investigation Report Appendix G: Agency Policy for Forensic/Evidentiary Digital Photography Appendix H: Video and Photograph Log Appendix I: Medical and Investigative Records Release-- HIPAA Compliant Appendix J: Confidential Medical Records Request Fax Appendix K: Helpful Information for Reviewing and Comprehending Autopsy Reports Appendix L: Forensic Autopsy Report Appendix M: Full Body, Male, Anterior and Posterior Views Appendix N: Professional Codes of Ethics Appendix O: Recommended Reading and Reference Books Acronyms Index
"Mr. Beers' exemplary performance can be traced to his merger of life experience with in-depth study of criminalistics and meticulous attention to detail.a His investigations show a unique combination of 'book smarts' and common sense." "Dean is an expert forensic photographer and was one of the most thorough medicolegal death investigators I have encountered in my career.a He showed great skill during scene investigations, performing case follow-up, and in the autopsy suite.a He is a credit to the profession and I believe his work displays a commitment to the forensic sciences and investigative services.a His work in both photography and medicolegal investigations is detailed, thorough, objective, and of the highest quality." -- Stephen J. Cina, MD, Forensic Pathologist, "The painstaking inquiry of the legal investigator is indispensable to the competent and successful trial attorney and to the effective administration of justice in this country." -- National Association of Legal Investigators / Certified Legal Investigator Program, " ! an information packed, all inclusive "Legal Investigator's Manual" providing a thorough understanding of the knowledge, skills and practices required in order to become the successful, highly valued investigator on any legal team. ! should be a 'must-read' for every new investigator making his or her way into criminal defense and civil negligence matters. ! The wealth of information in this book is both comprehensive and timeless." --Pursuit Magazine "I have in front of me a textbook that all professional investigators should read. Dean Beers ! has managed to do a great job of compiling a handbook of concepts and protocols that apply to both civil and criminal investigations. ! From the outset, this text thoroughly and concisely walks you through an investigation, covering a variety of civil and criminal investigations, from photography to death analysis and all things in between." --Florida Association of Licensed Investigators Newsletter
PRAC METHODS FOR LEGAL INVESTI
Concepts and Protocols in Civil and Criminal Cases
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