Criminal

Hawaii Criminal Investigation

The outcome of a trial is determined by questions of fact and propositions of law. "Did defendant deliberately and with premeditation stab victim in the chest with a knife in an effort to kill him?" is an example of a fact question. "Stabbing a person to death intentionally and with premeditation constitutes the crime of first degree murder." is an example of a proposition of law. 

In most litigation, questions of fact exert greater influence than propositions of law on the litigation's outcome. The government has the burden of proof.  They must prove beyond a reasonable doubt all the elements of the crime (propositions of law).  Private Investigators must discover facts and evidence that will refute the elements of the crime charged against the defendant causing the trier of facts to doubt the evidence as they apply to the fact questions in a lawsuit.

Private investigators should also consider whether there may be affirmative defenses available.  There are many recognized defenses to criminal liability, although the defenses available to a particular defendant depend upon the crime charged. In an affirmative defense, the defendant admits that what he did was wrong but argues that, under the circumstances, he was not responsible for what he did. 

    Criminal Defenses:    

1. Infancy

2. Insanity

3. Diminished Capacity

4. Intoxication:  Depends upon whether the accused was voluntarily or involuntarily intoxicated.  While involuntary intoxication may be a complete defense, voluntary intoxication is never a defense, although it may sometimes be used to prove lack of mens rea.

5. Ignorance or Mistake of Fact:  Ignorance or mistake as to matter of fact will prevent liability if it shows that the defendant lacked a mental state essential to the crime charged.  Simple ignorance (i.e., defendant never thought about the matter) or affirmative mistake (i.e., defendant thought about the matter but reached a wrong conclusion) that negatives an essential mental state is a valid defense.

6. Ignorance or Mistake of Law:  Generally, ignorance or mistake of law is no excuse: i.e., it is no defense to the commission of a crime that the defendant was unaware that the acts were prohibited by the criminal law or that defendant mistakenly believed that the acts were not prohibited.  The exceptions are:   (1)  Reliance upon statute later held unconstitutional;  (2)   Reliance upon judicial decision;  (3)  Reliance upon official interpretation.  Sometimes, the mens rea aspect of a particular crime requires a certain belief concerning a legal matter.  In such cases, if the defendant was ignorant or mistaken as to the legal matter, the prosecution may be unable to establish the mens rea required for liability and no conviction can be obtained.

7. Necessity or Justification:  Defense is available where the accused acted in the reasonable belief that perpetration of the offense would prevent the occurrence of a greater harm or evil.

8. Duress:  It is a defense to all but the most serious crimes that the defendant committed the criminal act under "duress" or "coercion."

9. Entrapment:  It is a defense to most crimes that the defendant was "entrapped" into committing the act by a law enforcement officer or one acting as agent of a law enforcement officer.

10.   Consent: 

11.   Self-Defense

12.   Defense of Others

13.   Protection of Property

14.   Crime Prevention

15.   Public Authority

Investigators may also assist the defense by testing the perception, memory, veracity, and articulateness of witnesses against the defendant.

We do more, here at the Bureau of Private Investigation,  than just take pictures.  Knowledge of the criminal law, it's requisite elements (Mens Rea, Actus Reus, Attendant Circumstances, and Causation) and their defenses are the foundation for an investigator's perspicacity necessary for evidence discovery and acquisition.  We have the experience and training to do more than just take pictures.  Our requisite professional credentials have earned us the compulsory credibility necessary to educe cooperation from individuals with relevant and reliable information.

We are trained and experienced with preparing cases for defense and prosecution.  Preparations include recognizing, developing, and presenting evidence that reconstructs events, sequences and time elements for presentation to the trier of facts.

Our reports are comprehensive, thorough, and may include addenda of supporting documentation, videos, photographs and/or drawings.

Above all, we are committed to the axiomatic norms of professionalism.  All investigations are confidential and conducted within the parameters and limitations of authority using personal initiative in the management of all cases at a nominal expense.

Talk to us for a free consultation we may save you an enormous amount of money on pre-trial discovery, investigation inquiries, and evidence acquisition.

It may be economically prudent to give us a call toll free at (800) 306-6682 or (808) 732-6999.  

Based in Honolulu we provide services through out the Islands Hawaii and the Pacific Region.

Contact me personally at:

g e o r g e @ p i b u r e a u . u s    or    i n v e s t i g a t o r s @ p i b u r e a u . c o m