Page 76 - CFDI Guide

There are four possible findings to the CFDIs review and analysis of the official investigations, which may be

different for each:
1) The official investigation was competent, with the official findings consistent with the facts and

evidence; or
2) The official investigation was not competent, with the official findings consistent with the facts and

evidence; or
3) The official investigation was competent, with the official findings not consistent with the facts and

evidence; or
4) The official investigation was not competent, with the official findings not consistent with the facts

and evidence.

Most often we find the second and third to be true. The purpose is not to find fault or errors – the purpose
is to find the map to the truth. What the information, facts, and evidence tell – and how it can be used by

the CFDI and defense team. This includes in defense strategy, and most important to the CFDI – the
investigative strategy. Start with what you know, then work to what you do not know – don’t put the cart

before the horse. Too often an investigator will decide to conduct a full investigation without knowing
anything about what other investigations tell or don’t tell.

I. THE CORONER / MEDICAL EXAMINER OR OTHER MEDICAL INVESTIGATION

It is important the CFDI not overlook this component of the investigations which are involved in the

prosecution of criminal offenses; or the medical provider equivalent in non-fatal cases resulting in criminal
charges. The information, facts, and evidence here may be the most important. We recommend reviewing
1
“Death Investigation: A Guide for the Scene Investigator” from the National Institute of Justice.

The essential difference between a ‘coroner’ and ‘medical examiner’ system is the former is elected and the
latter is appointed. Further, the former may be an untrained lay person and the latter is a qualified forensic

pathologist. There are jurisdictions, such as the training and work experience of the authors, in which both
apply – the elected coroner is a forensic pathologist. For the purposes of this course, the terms may be used

interchangeably.

1 https://www.ncjrs.gov/pdffiles1/nij/234457.pdf

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