A criminal defense investigator establishes reasonable doubt by functioning as an “impartial and objective advocate of the truth,” focusing on identifying mistakes, inconsistencies, and omitted evidence in the prosecution’s case. Rather than merely summarizing the state’s findings, the investigator actively seeks to rebut the prosecution’s claims through a systematic approach that uncovers new facts and witnesses.
The primary methods used to establish reasonable doubt include:
1. Rigorous Discovery and Evidence Analysis
Investigators perform a comprehensive review of all discovery, police reports, and documents provided by the state to identify “serious flaws” or procedural violations.
- Identifying Inconsistencies: By comparing police reports with witness statements, investigators can highlight factual inconsistencies that undermine the state’s theory.
- Locating Missing Evidence: Investigators often find evidence that law enforcement failed to locate or examine, such as undisclosed exculpatory evidence that might have helped the defendant.
- Forensic Re-examination: They re-examine forensic evidence to find violations or errors. For example, a specialized investigator might identify incorrect procedures in Standardized Field Sobriety Tests (SFSTs), leading to an acquittal.
2. Witness Identification and Impeachment
A central part of the investigator’s role is finding and interviewing witnesses the police either chose not to visit or did not realize existed.
- Developing New Witnesses: Investigators may track down fact witnesses who can identify the actual person responsible for a crime or provide an alibi for the defendant.
- Background Investigations: Digging into the backgrounds of state witnesses can uncover biases or credibility issues. This information allows the defense attorney to impeach those witnesses during trial or depositions.
- Unbiased Interviews: Unlike police interrogations, defense investigators use pleasant, conversational techniques to gain the trust of witnesses and determine what they might say when questioned by the prosecution.
3. Crime Scene Re-examination
Visiting the crime scene—even weeks or months later—helps the investigator form a clear picture of the events and identify areas neglected by the prosecution.
- Reconstructing Events: Using photography and video, investigators document the scene to reconstruct events and establish timelines that may prove the factual impossibility of the state’s case.
- Alibi Verification: Investigators confirm the defendant’s whereabouts through documentation, surveillance, or witness testimony to establish they were not at the scene.
4. Utilizing The Component Method
Professional defense investigators often use the Component Method, a six-step standardized formula to ensure a thorough investigation:
- Investigative Case Review & Analysis
- The Defendant Interview
- Crime Scene Examination, Diagrams & Photography
- Victim/Witness Background Investigations
- Witness Interviews & Statements
- Report of Investigation & Testifying
5. Collaboration with Experts
In complex cases, investigators work with forensic experts to challenge the government’s technical evidence. Experts assist the defense by:
- Evaluating prosecution reports for errors.
- Translating technical data into a legal strategy.
- Asking probative questions of the state’s experts during depositions or cross-examination to highlight weaknesses in their methods.
6. Strategic Reframing
Establishing doubt can also involve subtle shifts in perspective. For instance, investigators are advised to use the term “accuser” rather than “victim” in reports, as “victim” implies a crime has already been proven, whereas “accuser” inherently indicates the possibility of doubt.