Wirtschaftskanzlei G. Ley, LL.M.
Crime scene & Co. suggest to us every day how the police work. At the end of each episode, the police then of course convicted the perpetrator. The reality content of these performances tends towards zero. Real investigative work looks different. Regularly, what the police have to do in this area is not very spectacular.
First of all, an important statement:
The German police are well trained. The vast majority of police officers are highly motivated and do a good job accordingly.
Unfortunately, this cannot be said of all police officers. It is not uncommon to pursue a one-sided, investigative hypothesis without wasting a thought that and whether alternative hypotheses may also be closer or at least equally remarkable.
Once such a one-sided investigative hypothesis in the world, you can either do nothing as a criminal defense lawyer in the preliminary proceedings or you unpack the big club and do from the beginning what is commonly referred to as conflict defense. Of course, this is not a good starting position, but often cannot be avoided.
You can only show such a massive reaction if you also have a profound knowledge of criminalistics. This does not only include the crime scene, etc. Knowledge of forensic science, forensic psychology and forensic medicine are also included.
Here is just one example from my forensic practice.
The prosecutor charged that my client hit the alleged victim on the head and face at least 10 times. Furthermore, my client is said to have put this person on the street with his back, then threw himself on this person and attacked them with his feet while sitting on her. Previously, this person is said to have repelled the blows to the head with the forearm. This should then also be proven by witnesses.
Without going further into the mode of reality of the alleged crime, it can already be said that from the point of view of forensic medicine there should have been traumatological traces, which in any case had to be documented. Parrying injuries should be proven on the forearms. Sideragment marks, e.g. print marks, should also have been in the back area. Nothing of the kind has been documented or claimed. Thus the evidence for the accused actions was not successful.
This small example shows that a criminal defense lawyer either cannot do without a profound knowledge of forensic criminalistics or the criminal sciences as a whole or, if he does not have them himself, must obtain them. As a trained criminal lawyer with a little more than 37 years of experience in law enforcement in all three career groups (medium, senior and higher service), I have a profound knowledge of criminalistics and criminology, which are also sufficiently tried and tested.
The focus of my work is not to cover the entire criminalistics. Rather, my focus is on forensic crime studies . That means I'm dealing with criminal case analysis. This includes, for example, crime scene work, hypothesis formation and criminalistic evidence with all its sub-areas, such as forensic science, but also forensic medicine or the application of physical laws.
If the principles of the first attack (security attack and evaluation attack) are not observed in crime scenes, the entire investigation process can get out of hand if necessary. Manual errors or one-sided investigative hypotheses almost always offer attack potential for the defense. The prerequisite is, of course, that the starting points are known.
Forensic-psychological aspects also play a role. Keyword: cognitive dissonance and confirmation bias, to name only the most important. In this respect, it is not enough to have access to a large pool of specialist knowledge. That is, of course, a prerequisite. The experience-based mental work that is to be done in this area is also essential here.
I am available to law firms nationwide in this area. In particular, I check whether the criminal activity in question has occurred lege artis, whether and which technical or technical errors can be identified and whether the conclusions drawn from the investigative products are correct, permissible and valid.