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Re: Destruction of notes and data
Posted by:
Jim Mazerat (IP Logged)
Date: February 20, 2007 05:39PM
The best reason is the presumption of innocence. The purpose is because this may be the best method for handling these notes. The final product is clearer and may better represent the information gathered during the initial investigation.
Is there a better reason than just the one that the investigator believes this method has nothing to do with the destruction of information and believes it is an accurate way to preserve the information learned from the investigation. The fact that the trend in the courts and other agencies follow this way of thinking and through their decisions it is an adequate methodology for the preservation of this information is good support for the conclusion being reached. Now, there is nothing wrong with having a different perspective and reasons for maintaining the original notes, but I have not been show what is being asked is any more than a personal preference. Is there a case out there where maybe the original notes could be used during cross examination of the person, yes without a doubt, but does the transferring of this information to other format prevent a fair trial from taking place, the majority of the court opinions say no.
Based on the previous posting, the underline reason for this information is that there is a presumption that the individual is dishonest and is intentionally hiding information to give his side an advantage. What upset me is the presumption of comments that the person is guilty of the act without any evidence of it occurring. Think about this position. You are guilty of committing a crime that we have no evidence took place so we want you to assist us in proving you did something wrong even if you did not. The other side will be the judge and jury as to how accurately you can transfer note. Does not one see a problem with this type of thinking in this country.
Now let me ask you because no one else wants to answer this question, is why this profession is being singled out on this topic. The method used by different industries and profession prohibit and sometimes prevent the retention of the original recording or other note taking process. The medical industry is rapidly changing over to a dictation system where the original dictated material is no longer kept. That is acceptable to them. Right now it is my belief that this issue of the note is noting more than one side attempting to get advantage over the other.
The other thing that is being missed by this group is we are taking about the destruction of the paper not the information. Everyone seems to be in agreement this information should be maintained in some format and that seems to be what the courts have accepted. If the court change then we will need to adapt.