Do Prosecutors Ever Investigate Crime Scenes?

It's a common misconception that prosecutors dive right into crime scene investigations. In reality, this scenario is far removed from the truth and more akin to scenes in Hollywood blockbusters. Prosecutors don't typically investigate crime scenes. Law enforcement does that first.

Cracking the Fiction/Reality Barrier

Imagine a movie where prosecutors wade through a crime scene, meticulously gathering evidence and making key decisions. Sounds thrilling, right? But the reality is that the role of a prosecutor in crime scene investigations differs significantly. For instance, One Flew Over the Cuckoo's Nest may have won accolades, but it's an exaggeration to suggest that it depicted psychiatric hospitals accurately. Similarly, in the realm of criminal law, the notion of a prosecutor investigating crime scenes is pure fiction.

Crime Scene Investigation: A Survey of Roles

Crime scenes are where the rubber meets the road, and it's the police who arrive first and start the investigation. Detectives gather evidence, identify suspects, and bring their findings to the prosecutor for further legal actions. Thus, it would be hard to imagine a scenario where a prosecutor would be the immediate on-site responder.

My Personal Experience

During my early years as a trial prosecutor, I discovered the importance of visiting crime scenes when necessary. I had a photographic memory that helped me recall events accurately, but I also had a strong imagination. Reading police reports often led me to form my own version of the scene, which was not always accurate. Visiting a crime scene firsthand was essential for getting the full picture. On occasion, I would even request a visit to be included in defense motions, such as during a high-profile car chase case that required extensive witness testimony.

Visit to the Scene for Trial

One memorable case involved a homicide where the victim's trail of blood revealed his last moments. I requested the crime scene photographer to capture this gruesome display, which provided crucial evidence for the trial. This experience highlighted the critical nature of firsthand crime scene investigations.

The Limitations of Prosecutors in Crime Scenes

It's vital to understand that prosecutors do not investigate crime scenes. Their role is to present evidence and advocate for the prosecution at trial. They do not possess the training or experience required for detailed crime scene analysis. Additionally, prosecutors are not routinely called to crime scenes. This is not only due to the complex nature of these investigations but also to the desire of investigators to maintain focus and confidentiality.

Historical Anomalies

There have been instances where senior police administrators advocated for prosecutors to visit crime scenes for a fresh perspective. However, this often proved to be temporary as administrators moved on, and crime scene investigators reverted to their established practices.

Conclusion

The role of prosecutors in crime scene investigations should not be confused with the typical narrative in popular culture. Prosecutors may visit scenes for specific needs but do not conduct formal investigations. This separation of roles ensures the integrity and focus of both law enforcement and legal proceedings.