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an investigation beyond review and analysis of the prosecution’s discovery and any facts provided by the

attorney-client and defendant. The second to fourth conclusions do uncover reasonable doubt. Most
often, the uncovering of reasonable doubt in the pre-trial investigative process may provide for better

negotiation of plea agreements, dropping of charges, or dismissal. If these negotiations are unproductive,
the attorney-client may require an independent investigation to strengthen their position and/or prepare

for trial.

IMPORTANT INVESTIGATIVE CONSIDERATIONS TO THE CFDI
❖ Traumatic Injuries

Traumatic injuries are best defined as those which require urgent medical attention and are caused by the
actions of the victim, another person or environment within which the victim is (outdoors, indoors,

vehicle, etc.). These can be divided into bodily injury, serious bodily injury and fatal injuries. To understand
each of these, it is easiest to understand the definition of Serious Bodily Injury [SBI] involves a substantial

risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted
loss or impairment of the function of a bodily member, organ, or mental faculty. Bodily injury is less

substantial than SBI and a fatal injury is an SBI that has resulted in death. In some jurisdictions, such as
Colorado, an injury involving a break or fracture is also classified as SBI, regardless of how minor or severe

(i.e. finger or nose fracture).

Traumatic injuries may not be visible; however, there are usually indications of such injuries. Injuries are

first classified as either sharp force or blunt force injuries. Sharp force injuries include incisions (cuts) and
punctures (stabbing). Blunt force injuries include lacerations (tear), abrasions (bruise) and avulsions
(removed area). Other injuries, and thermal injuries (burns – including electrocution). These injuries may

take the form of pattern injuries – often distinctly caused by an instrument (i.e. cord, knife, baton, etc.) or

non-pattern injuries – often seen in circumstantial to the incident (abrasions are common non-pattern
injuries). A perforating injury has an entry and exit, and a transecting injury is typically an incision or

laceration resulting in the through-and-through separation of a limb, organ or other body part – as little as
a transected nerve or artery, to as large as a transected spleen or liver. Finally, there are external and

internal injuries – those which are on the surface or under the surface. All organ injuries, save the skin (the
largest organ of the body) are internal injuries. These injuries of themselves may not be the direct cause of

death; however, a cluster of injuries – such as multiple blunt force trauma in a motor vehicle collision –
may collectively be the cause of death.

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