Page 2 - Post-Event Photography - AFI-LLC June 2022

Post-Event Photographs – AFI-LLC – June 2022 2 of 5

UPDATE: Your Rights and Dignity – End of Life is Not End of Dignity
The legislative session ended 05/11/2022 and we expected this bill to die unheard in the House. We are pleased to
report this bill was heard in two state House committees and then to the House floor, where it passed. There were
several amendments in the process, most of which still gave too much wiggle room to health care providers to deny
visitation. Overall, we are glad there is a bill on its way to the governor to at least provide some protections to family
and loved ones, and not the ad hoc policies facilities would have and change to enforce at their will. On that note, the
only opposing testimony at all hearings was a state hospital association - a group which wants the CDC, NIH, and
Congress to set federal policy - not state policy. In all committees - only the hardcore supporters of the events and
destructive policies of 2020 voted no.
-- for details of this bill and its passing, please visit www.DeathCaseReview.com/afi-llc-blog/update-february-your-rights-
and-dignity-end-of-life-is-not-end-of-dignity

New Commentary: Post-Event Photographs
Attorneys and investigators, in civil and criminal cases, see photographs and
videos immediately following an event. These may be investigative
photographs or bodycam videos, for example. Rarely are photographs
available during an event, and with dashcams and security cameras it is
becoming more common to see these as an event happens. At a later time,
the attorney may hire an investigator to return to the scene and take more
photographs and videos. Together these all capture the circumstances of
the event at the time documented. These may include crime scenes and
motor vehicle collision scenes, among many other possibilities – including
defective equipment or premises liability investigations. What about victims of an event – living and deceased; their fatal
and non-fatal injuries?

From our various articles, books, and courses – we have shared an event has at least two scenes – where it happened,
and who was involved. Every crime scene has the environment and the victim(s) and/or decedent(s) – as does every
motor vehicle collision, work-place injury, etc. It is too often these are not treated as separate scenes outside of the
official investigations, and in most investigations there is no follow-up to these scenes. In the official investigation – once
the event scene is completed, as well as any victim medically treated and/or decedent autopsied, the Document stage is
completed. From our book, Practical Methods for Legal Investigations, every investigation (and assignment within) has
Prepare, Inquire, Analyze, Document, and Report stages. There is an advantage to being involved after the official
investigations are completed. One, too often neglected, is the ability and necessity of documenting all scenes post-
event.

Let’s look at three common scenes (environment, victim, and decedent), when they are regularly documented, and why
they should be documented again – possibly multiple times. In doing so, it is important to consider this documentation is
not just of damage and injuries – it is also to document the lack of damage or injuries, and may be as important.

Environment
This scene is the most common, and may include victims and/or decedents as part of the overall process. In the official
investigations these should be immediately photographed as found by first responding officers, detectives, and coroner
investigators if any persons are deceased. All should be documenting what they observe and find – and not rely on
others. This is in consideration of the events unfolding, circumstances, and assignments given by supervisors. Crime
Scene Technicians may take all the photographs; some first responders and detectives may take photographs for quick
documentation – using a cell phone or consumer camera for immediate needs. Coroner investigators will also be after
other investigative tasks have been completed. Together, these will all present various aspects of the scene as observed,
and purposes of the investigation. Law enforcement is responsible for determining if a crime occurred, and the evidence
in support of the crime – leading to any arrests, charges, and prosecution. Coroner investigators are responsible for
identifying the decedent, as well as evidence to determine Cause and Manner of Death – they do not investigate crimes.
All work together in their different duties.

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