ABSTRACT

The focus of Chapter 4 is the evaluation of the testimony and other evidence gathered to determine recommended findings. This process depends on knowledge of the applicable standard of evidence employed, the “preponderance of the evidence” in most administrative misconduct investigations, and having an organized case file to ensure a thorough and complete review. Utilizing a witness/evidence matrix outlining key statements and evidence can provide a visual analytical tool, which is particularly helpful when making credibility determinations in complex cases. The chapter discusses supervisory review of investigations, findings used in misconduct investigations, consideration of policy or training recommendations, as well as suggested formats for writing investigative reports. To illustrate the role of policy/training recommendations regardless of the finding against an individual officer, Chapter 4 includes a sample of impactful changes stemming from the Consent Decree between the U.S. Department of Justice and Ferguson, Missouri, following the investigation of the officer-involved shooting death of Michael Brown Jr.