Author, "The Investigation Project," web site: http://sheridan_conlaw.typepad.com/the_investigation_project/2016/03/reality-check-investigative-aphorisms.html

Jan 01, 2000 | by
  • Description

We rely on competent investigation to avoid or solve all problems in a world where justice counts, criminal law especially. Justice and morality are fundamental human rights as well as duties.  No legitimate government or agency can deny these and retain legitimacy. Competent investigation, with integrity to the truth, the objective truth, not just some political idea of required truth is essential. Failure to properly ascertain objective truth often results in a miscarriage of justice, meaning a result that is false, unjust and immoral. Proper investigation with integrity to the truth is thus a fundamental human right. This site explores and discusses the ins-and-outs of what competent investigation means, citing the basic elements, three moral and three substantive, as well as the way we evade the requirements, far too often. After we mistakenly shot up a hospital in Afghanistan killing many Doctors Without Borders and patients, October, 2015, Pres. Obama called the president of the organization, apologized on behalf of the United States, and assured her of a thorough and "transparent" investigation. Investigation must be conducted competently, that is with integrity as well as skill, or it is immoral and unreliable. We have far too many false convictions, raising the question:  What was wrong with the first investigation that the second, which produced the exoneration, got right? The FBI has profilers who study serial killers. Why don't FBI profilers study how it is that we have so many false convictions? This site represents a start. There's a lot more work to be done. Obtaining a competent investigation is easier said than done. Some of us don't always want to know the inconvenient truth.  It may challenge our comforting preconceptions. But let's say that integrity rules and we do want to know the truth, however difficult to accept. In this case, always, one may hope, we need to know what to look for, put the findings in context, and then how to present our findings effectively where it counts. That is what this site is about.  We've reorganized investigation in a way you may not have seen before since we've reanalyzed the subject from the ground up as an original project.  It is from the standpoint of a trial attorney with long experience as a prosecuting and defense attorney, as well as professor of Constitutional Law, San Francisco Law School, 2002-2005.

Author, "The Investigation Project," web site: http://sheridan_conlaw.typepad.com/the_investigation_project/2016/03/reality-check-investigative-aphorisms.html