Pre-Trial Procedures for a Criminal Investigator

by Johnny Kilhefner , studioD Google

Criminal investigators have the trial of their suspects in mind the moment they begin investigating a crime scene. The criminal procedure involves the rules of individual municipalities, states and the federal government. The U.S. Constitution guarantees due process to those charged with a crime, including the right to legal counsel and the right to not testify against themselves.

Reviewing the Case

Investigators begin reviewing a case by interviewing the victim of a crime and following up with fact-checking. Through review, they determine whether the facts meet the crime classification and what further information is needed. Detectives then re-interview victims to ensure no facts have changed since the first interview or if there are new facts to learn. The case is then reviewed for false reporting, civil and domestic dispute, misidentification and additional crimes.

Initial Analysis

From the facts gathered during review, investigators determine the "who, what, where, when, why and how" of the case. The who identifies the victim and suspect; the what is identifier of the crime, such as theft; the where is the crime scene and other locations that may have led to or been involved in the crime, including IP addresses and phone numbers; the when refers to the time; the why is the motive; the how is the identifiers of the crime, such as purchases and weapons.

Create an Evidence Book

Investigators create an evidence book throughout the investigation for use in building a case against and prosecuting the suspect during trial. The evidence book consists of the time line of the crime, the cast of characters and follow-up steps. In a white collar crime, for example, investigators create a trail of physical evidence including surveillance footage and IP addresses that may put a suspect at the scene of the crime. With the time line, investigators have a visual concept of the crime and its extent and nature.

Pre-Trial Considerations

Throughout pre-trial investigation, attention must be paid to the U.S. Constitution and state and local laws. Investigators ensure their investigation follows the rules of the law to avoid the suppression of evidence or release of suspects. All criminal defendants are made aware of their rights before making a statement if the statement is intended as evidence. Defendants must be aware of their rights and voluntarily waive them for their statements to be admitted as evidence in a courtroom.

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