Preliminary investigation Assignment Example | Topics and Well Written Essays - 500 words

Preliminary investigation - Assignment Example The basic steps include the filing of a Complaint-Affidavit, the Issuance of subpoena by the prosecutor who is investigating to the respondent, the filing of a counter-affidavit by the respondent, the filing of a Reply-Affidavit and Rejoinder-Affidavit and resolution. In a primary investigation, a number of things are included. They include: ascertaining if the suspect is armed and still in the area, proceeding to the scene safely and promptly, rendering assistance to the injured, effecting the arrest of the criminal, locating and identifying witnesses, interviewing the complainant and witness, maintaining the crime scene and protecting evidence, interrogating the suspect, arranging the collection of evidence, reporting the incident accurately and fully, and yielding the responsibility to the follow-up investigator (Urlacher & Duffy, 2010). The most important aspect of these is the securing of the crime scene and protection of evidence. This is because the scene of crime usually provides some important leads as well as evidence that can be useful in settling the case. If the scene is not secured, the evidence might be tampered with, and this jeopardizes the settling of the case. Preliminary investigation benefits the plaintiff in that it provides room for an investigation that might bring evidence that supports his or her case. It avoids a hasty trial that can be defeated on grounds of insufficient evidence. Therefore, by identifying a probable cause, the preliminary investigation helps to solidify the plaintiff’s case. It is beneficial to the judicial economy because with the appropriate evidence, judges are able to make a quick determination so that the case does not drag on for long. Mary Carter Agreements are used in the settlement of multi-party litigations. According to Sedrak (2012), a Mary Carter Agreement is a contract or agreement whereby one codefendant makes a secret agreement with the plaintiff that if