A police report is a crucial document in the criminal justice system, capturing details of an incident and providing a clear record of law enforcement actions. Unfortunately, investigations may not go as smoothly anticipated. Victims might not want to help, evidence may be missing, and that guy over in the corner filming and yelling profanities may distract investigators from doing their job. All these hurdles may end up making police reports unclear. And unclear reports lead to prosecution issues and case dismissal.
As I speak with prosecutors from around the US, I notice a common theme among their complaints against police officers’ reports. Clarity. Probable cause is not clearly found in police reports forcing the prosecutor to sift through the entire report to find what they need to open a criminal prosecution. Prosecutors are understaffed and overworked, just like many police departments. Due to staffing constraints, prosecutors must prioritize their caseload. Spending too much time finding the elements of a crime is why some cases are being dismissed.
An easy way for officers to help prosecutors, analysts, records clerks and administrators is to write a closing statement. It doesn’t take long to write, but it makes a powerful impact on the quality of a police report. This article delves into the intricacies of writing closing statements in a police report, highlights key considerations, and provides practical tips for law enforcement professionals.
Understanding the closing statements in a police report
There are two types of closing statements in a police report: the disposition statement and the charging statement. Both statements help the reader quickly understand what happened in a case. For those agencies that report to NIBRS to the DOJ, both statements help records clerks find the things they need to make the report without having to sort through each line in an officer’s report. This streamlines the report review process and enhances efficiency.
A well-crafted closing statement conveys the actions taken by law enforcement, the charges recommended or filed, and the ultimate resolution of the case. Both are similar, but they have distinct and important differences.
Disposition: The disposition in a police report refers to the outcome or resolution of the incident. It explains what happened after the incident was reported, including any actions taken by law enforcement, whether it resulted in an arrest, a citation, a warning, or any other outcome. Every police report must include a disposition statement. This statement acts as the legal reason you did or did not do something.
Charging statement: A charging statement is a part of the narrative in a police report that outlines the specific criminal charges that are being recommended or filed against a suspect based on the evidence and circumstances of the incident. It typically includes a description of the relevant criminal statutes or codes violated and provides the legal basis for the charges being pursued. Include a charging statement when filing charges or seeking prosecution from a prosecutor.
In summary, the disposition explains what happened because of the incident, while the charging statement outlines the specific criminal charges being recommended or filed against a suspect. Both elements provide important information for understanding the outcome and legal aspects of the incident documented in the police report.
Key elements of an effective closing statement
Writing an effective closing statement does not have to be complicated. Here are some easy rules to follow:
- Be clear and brief: Your closing statement is like the probable cause statement on a charging document except shorter. A disposition statement should be succinct and straightforward, conveying essential information without unnecessary jargon or technical language. Aim for clarity, ensuring anyone reading the report can quickly understand the case’s conclusion.
- Be specific: Clearly write the actions taken by law enforcement. Specify whether an arrest was made, charges were filed, or other resolutions were reached. Avoid vague terms like “resolved” or “addressed” without elaborating on the specific outcome.
- Include charges and legal basis: If charges have been recommended or filed, clearly list the offenses along with the relevant statutes or codes. This information establishes a solid legal foundation for the case. Also, include evidence and witness statements that influenced the decision. This adds credibility and transparency to the report.
Writing an effective disposition statement
Writing an effective disposition statement is simple. Start with the entire case in mind. What happened throughout the entire investigation, and what led you to your final decisions? If you charge a suspect with a crime, you will want to pay close attention to the elements of each charge.
Let’s take the following scenario:
On January 1st, 2023, John DOE went into the Walmart Supercenter in Arizona and stole ham, cheese and a PlayStation video game. He placed each item in a backpack and walked by the registers toward the exit. Loss prevention stopped and detained him. Using their database, they confirmed DOE was trespassed from all Wal-Marts on December 25th after stealing another ham. Officers arrive at the Walmart and under Miranda, the suspect says he stole the ham and cheese because he was hungry and the PlayStation video game to sell for drugs. He told officers he knew he was not supposed to return to Walmart because they gave him a trespass paper.
We want to pay attention to the elements of our two crimes: shoplifting and trespassing. For shoplifting in Arizona, the suspect must pass all points of sale or intend to permanently deprive the owner of those items. For trespassing, the suspect just needs to know that he is not supposed to be there.
For this scenario, the charging statement would look something like this:
Charging statement
Based on the witness statements from Walmart’s loss prevention officers, video surveillance footage of DOE’s actions, the recovery of the stolen items in DOE’s possession, and DOE’s admission that he stole the items, I charged John DOE with (1) Count ARS 13-1805A1 – Shoplifting.
Based on the trespass log report from Walmart on December 25th and DOE’s admission that he knew he was trespassed by Walmart, I charged John DOE with (1) count of ARS 13-1503A – Trespass.
There you go. The prosecutor can read and quickly find each element of the crime that is supposed to be in the report.
Let’s say Walmart does not want to prosecute. Instead of including a charging statement at the end, we will use a disposition statement.
Disposition statement
Based on the witness statements from Walmart’s loss prevention officers, video surveillance footage of DOE’s action, the recovery of the stolen items in DOE’s possession, and DOE’s admission that he stole the items, I determined that there was sufficient evidence to believe John DOE committed (1) Count ARS 13-1805A1 – Shoplifting. However, Walmart did not want to prosecute at this time.
Based on the trespass log report from Walmart on December 25th and DOE’s admission that he knew he was trespassed by Walmart, I determined that there was sufficient evidence to believe John DOE committed (1) count of ARS 13-1503A – Trespass. However, Walmart did not want to prosecute at this time.
Why include all this detail? Because the criminal act still happened. It does not matter that the victim doesn’t want to help in prosecution; documenting the criminal act that was actually committed is what matters.
Conclusion
In law enforcement, a well-written closing statement holds immense importance, providing a concise yet informative account of a case’s resolution. By adhering to the principles of clarity and specificity and ensuring all legal elements are met, law enforcement professionals can effectively convey the outcome of an investigation in a manner that stands up to scrutiny in legal proceedings.
| NEXT: 5 essential police report writing tips to improve clarity and detail
