Writing Reports for Conviction

Data needs to be collected on the types of offenses as well as the different levels within the organization (i.e. officer, shift, precinct, division, entire agency). As part of this assessment, it is important for agencies to reach beyond their arrest statistics and focus on convictions.  This will enable leaders to better identify where they need to focus their attention. When reviewing officers’ cases by the types of offenses, are there more dismissals for specific crimes (i.e. burglary, shoplifting, domestic assaults)?  What are the differences between individual officers?  For example, two officers make 100 arrests. The first officer has 98 convictions and the other has five. Why is this occurring? What needs to be done to address this issue? Without this information and open communications between law enforcement agencies and prosecutors, the issue will never be recognized and adequately addressed.

To successfully accomplish this, police departments need access to the prosecutors’ or clerks of court database to review case status and dispositions. Providing access to these systems also enables departments to track adjudications of cases and streamline the process for obtaining court orders to destroy or return property and evidence.

Second, is the issue occurring across all agencies or do they vary between departments? For example, are officers documenting sufficient information in their reports?  This may range from not articulating the elements of the crime to not including personal observations, evidence collected, statements, etc.  In other cases, one department includes video evidence with their report and another department never collects or documents the recordings.  In some cases, one precinct or shift may do an excellent job of documenting information, and another does not. This feedback allows leaders to tailor their corrective actions.

During the COVID-19 pandemic, the court system was closed. As a result, there continues to be huge backlog in most circuits. Because of this backlog, there is often a long time between the officer making the arrest and the case coming before the court. Officers do not remember the case and the report does not have sufficient detail to remind the officer of the actions they took.

Other times, officers’ behavior interferes with cases moving forward. For example, some officers do not return calls to prosecutors or their investigators to answer questions regarding their cases. Several circuits have reported officers refusing to appear to testify.  Some officers are of the mindset that defendants “should not fight the charges” and they “should not have to come to court.’  Presumption of innocence is a constitutional right that attaches to every arrest and must be expected by every officer. Officers’ understanding of how cooperation with prosecutors protects the rights we all are protected by and entitled to is key. What communications regarding this behavior is being exchanged between the prosecutor and the department? When communications are adversarial between officers and prosecutors, the defendant and defense attorneys can and often do capitalize on this. An arrest without a conviction should be a concern for everyone.

Working Group

Once the information has been collected, create a working group of “all-stars” to develop strategies to improve the reporting system. This group should include a variety of representatives to include:

First Line Supervisors – Sergeants are the linchpin for ensuring department policies are properly employed by patrol officers providing direct services to the community. They have intimate insights into the challenges officers must cope with every day. One of these responsibilities is to ensure each officer prepares their incident reports in accordance with established standards.

Report Writing Champions – Who are the best report writers in patrol and detectives? These persons are role models for the rest of the department. They can give guidance of how they create outstanding reports.

Alienated Followers – This group of officers were once engaged, critical thinking individuals who were viewed as being exemplary employees. While the reasons vary, they became frustrated and disengaged. These individuals still care about their job but are frustrated and voice what many view as a negative perspective. While some leaders tend to ignore alienated followers, they do so at their own peril. These officers’ insights are more likely to be direct and candid regarding the underlying causes, problems with reporting writing, strategies that do not work, and insight in how to improve the processes.

Field Training Officers – FTO’s teach new officers how to apply the skills learned in classroom in the real world. They can describe common issues recruits experience when preparing reports. This information can provide insight for instructors to improve their curriculum.

Instructors – Academy and department instructors can discuss what is currently taught and use information from this project to improve the basic and in-service training curriculum.

Prosecutors – Attorneys can definitively list and describe the importance of evidence to be documented in the report. They can also describe the challenges faced in the various court proceedings. More importantly, they can explain “why” specific information and items should be included in the report. This is critical because when officers understand the why, they are more likely to engage in the solution.

District Attorney/Solicitor Investigators – These investigators are charged with following up on officers’ reports to clarify issues and collect information needed by the prosecutor. Most prosecutor investigators have decades of investigative experience and are frequently engaged in major cases in multiple jurisdictions. This enables them to provide insights into effective strategies that could be used in the courtroom. They can and often do partner with agencies on major crimes to streamline preparing search and arrest warrant affidavits.

They can also collaborate on active case investigations to advise on best practice legal procedures and help identify investigative leads.  Prosecution investigators can testify in court as expert witnesses to educate jurors on various subject matters. These investigators also assist prosecutors prepare for and present cases at trial. These experts can utilize a variety of techniques to identify the issues with police reports and creating solutions. For example, a SWOT analysis of police reports enables them to identify the strengths, weaknesses, opportunities, and threats impacting the prosecution of cases. Once these are identified, teams can brainstorm how to capitalize on the strengths, overcome weaknesses, take advantage of opportunities, and mitigate threats.

The final installment of this series will identify problems frequently found in an investigative narrative and processes to create comprehensive systems.