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Investigations and the Law Office (From Criminal and Civil Investigation Handbook, P 1-75 to 1-88, 1981, Joseph J Grau and Ben Jacobson, ed. - See NCJ-84274)

NCJ Number
84280
Author(s)
J A Landau
Date Published
1981
Length
14 pages
Annotation
This discussion of investigations by or for defense attorneys discusses the need for flexibility and adaptability in investigations, the importance of prompt investigations, using the telephone and the mail to obtain information, standard sources of information, and interviews with and statements from witnesses.
Abstract
Initially, time must be spent analyzing the investigative needs of the case, determining primary and alternative investigative goals, and exploring possible methods of investigation. Flexibility and adaptability within a broad investigative plan will be required because of the varying degrees of success achieved from particular investigative approaches. Following the development of an investigative plan, it is important to act as promptly as possible to take the photographs and obtain the information needed in the case, particularly because of the headstart the prosecution has on the defense. Many valuable pieces of information can be obtained over a telephone and through the mails. Care should be taken not to appear to be an attorney or a law enforcement officer when this might obstruct the obtaining of the information desired. Some standard information sources for various types of data are the division of motor vehicles, the post office, utility companies, county clerks' offices, police departments, boards of education, boards of elections, and various information retrieval services. Interviews with witnesses should not be intimidating or condescending. A friendly, listening approach is most likely to yield a talkative witness. Notes taken at the interview should be in the form of a statement in case the witness can be convinced to sign it.