Investigative Failures and Bad Decisions by Law Enforcement

By Clayton T. Robertson (Criminal Defense, Civil Rights, and Civil Litigation Attorney)

In a criminal case, the prosecution's purpose is to make you look bad no matter the alleged offense.

But the theme of "bad decisions" can (and should) be applied to law enforcement, including their failure to adequately investigate a case, whether through intentional or "inadvertent" bad choices - i.e., prosecuting the "prosecution team."

"So, detective, when you failed to look into that issue, was that on purpose or just a mistake?" (Either answer looks bad for the detective.)

The burden of proof is on the prosecution, so keep it there.