The Wasser Agency

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The perception of judges to the activities and position of private detectives and particular detectives is obtained by experience at the performance of the judicial office in Miami Beach South Beach. Detective Search Miami Beach South Beach.

The activities and methods private detectives apply not only define their position vis-à-vis their clients but also their relations with public authorities in general, and especially with courts. After describing this view, we will share with you some ideas on the probative force of the results of the activities of private detectives and on the consequences of legal provisions for their position in Miami Beach South Beach. Detective Search Miami Beach South Beach.  Then we will reflect on the common minimum standard presented by IKD, on professional detective responsibility in context with an ethical code. And finally, we will tackle the problem whether private detectives and detectives could act as some kind of assistance to the court.

In the view of judges, the activities of private detectives and detectives are manifold and constitute a broad diverseness using many different methods to determine facts in a variety of matters. Detective Search Miami Beach South Beach. They may use various types of surveillance or searches to carry out investigations. Private detectives and detectives assist attorneys, businesses, and the public in cases covering legal, financial or personal problems.

They offer many services in Miami Beach South Beach including executive, corporate, and celebrity protection, and also provide assistance in civil liability and personal injury cases, missing person cases, insurance claims and fraud, child custody, and protection cases. Detective Search Miami Beach South Beach. To some extent, they are hired to investigate individuals to prove or disprove infidelity. Their duties depend on the need of their clients. Private detectives and detectives are specialized to a certain extent. One of the most important specializations is the activity private detectives generate as legal detectives. These specialize in cases involving the courts and often are employed by law firms. Detective Search Miami Beach South Beach. They frequently assist in preparing a criminal defense, locating witnesses, inside common law systems they serve legal documents, and gather and renew evidence. Legal detectives also may collect information on the parties to the litigation, testify in court, and assemble evidence and reports for trials. Detective Search Miami Beach South Beach.

Certain European states require private detectives and particular detectives to be licensed. For such a licensing mostly a given set of qualifications is required, like minimum age, having a combination of police sciences, criminal and other fields of the law, and often prior experience in activities typically for their profession. Detective Search Miami Beach South Beach. In addition, they mostly pass a criminal history background check and some kind of professional detective examination.

Some detectives in Miami Beach South Beach receive certification from a professional detective organization to demonstrate competency in a particular field. To receive such kind of designation, applicants must satisfy experience, educational, and continuing training requirements, and in some systems must pass written and oral exams, administered by the institution assigning the special designation. Detective Search Miami Beach South Beach.

Miami Beach South Beach Courts in both criminal and civil cases are confronted with pieces of evidence presented by the parties, which are produced by private detectives. Detective Search Miami Beach South Beach. Following the experience of judges, this evidence in the majority of cases is presented as a written report. In addition, and most frequently when it appears necessary to give proof on the circumstances established in such a report an oral interrogation would be conducted.

The testimony of private detectives in court has a particular quality. Their position implies to a certain extent conflicting quality with regard to the probative force of their statements. Private detectives in Miami Beach South Beach normally are employed by one side of the case, what evidently indicates a close relationship to the party engaging and paying them. But special abilities and skills acquired by professional detective training and experience imply a considerable benefit for such evidence. Private detectives know and are aware that after taking the observation they could be interrogated on the reproduction of the facts they observed, and that they may appear before a court as a witness.

Detective Search Miami Beach South Beach. Legal education allows the private detectives to focus already during the observations on those facts, which in the legal respect may really matter for the case and the judgment and allows them, therefore, to concentrate on the relevant facts. They imprint the crucial occurrences in their memory, and in this way, they are much more capable of reproducing them pursuant to what happened in reality.

This particular situation of a private detective when testifying in Miami Beach South Beach as a witness, of course, is regarded by the court when considering the testimony and evaluating the reliability and credibility of their statements. The so to speak partiality of such witnesses hired and paid by the party to the procedure, for whom they are testifying, may affect their credibility. Detective Search Miami Beach South Beach. As a general rule witnesses nominated by one party of the case often inclined to disclose only those facts, which may benefit the side for which they are testifying, and sometimes, what also may happen unknowingly, conceal circumstances which may weaken the litigating position of their client.

Detective Search Miami Beach South Beach. But on the other hand such a danger is reduced by the legal responsibility of such a witness, who is aware that before the court he only has to state the truth and nothing but the whole truth, and knows that already to conceal intentionally a part of the circumstances, which could be relevant for the assessment of the facts, in most of the legal systems would constitute a crime. The private detectives certainly are aware of the risks of an incomplete testimony. Detective Search Miami Beach South Beach.

This also applies to written statements and reports produced by a private detective in order to be presented in a case. Detective Search Miami Beach South Beach. Reports of private detectives are considered by the court generally in the same way like any other documentary evidence, which is submitted to the court by the parties, although some procedural codes refer explicitly to such kind of evidence. But unlike oral testimony, those written reports contain a higher probability that an essential circumstance would be concealed for reasons just explained, as this may happen with an oral testimony.

The report of a private detective shares the same kind of problems which may affect the presentation of a written expertise presented by one party. On this account judges would mostly prefer to have private detectives appearing before the court to testify orally on decisive facts, rather than to only have read out a written report produced by them. Detective Search Miami Beach South Beach.

This situation generally occurs, no matter whether a legal system regulates the position and structure of private detectives’ profession. European procedural systems, in general, don’t provide more credibility or persuasive power to particular kinds of evidence. Detective Search Miami Beach South Beach. All these legal systems are governed more or less by the principles of free consideration of credibility and reliability of a piece of evidence by the court, including evidence of all kind, may it be the testimony of a witness, a document, the statement of an expert or evidence by inspection. Detective Search Miami Beach South Beach. It is exclusively the court who evaluates freely, whether it would be satisfied by the evidence or not.

But in fact particular pieces of evidence have higher chances to be regarded as more convincingly than others, if one only takes into consideration the various kinds of documents which are presented to the court, ranging from a simple piece of paper with a handwritten statement by any person, to an official instrument certified, for instance, by a public notary or an official authority. Detective Search Miami Beach South Beach.

However, consistent regulations providing for the situation of private detectives and structuring the profession altogether have at least indirectly an impact on the position of private detectives vis-à-vis any public authority. Detective Search Miami Beach South Beach. A severe legal procedure for admission to the profession, with strong criteria on training and personal propriety, outwardly indicates that members of this profession are persons, who not only dispose about the necessary personal skills for their activities but also possess integrity.

This can result in a sound reputation of the profession, what of course has a consequence for credibility and liability of their members. The fact that private detectives normally are paid by the party for whom they are acting, therefore, takes a back seat in this respect. Detective Search Miami Beach South Beach.

Following these considerations, and Our personal experience also on a European level, we would plead for strong legal rules providing for the profession of private detectives and detectives. Detective Search Miami Beach South Beach. Those legal rules at least should cover personal and professional detective requirements for the performance and the scope of the profession, for training standards, provisions on incompatibility, and on responsibilities vis-à-vis the client and the legal system, in particular with respect to secrecy and the fundamental right to protection of personal data. Detective Search Miami Beach South Beach.

These provisions should guarantee personal integrity and propriety in order that clients and public authorities confronted with the activities of private detectives and detectives would be certain that in any respective case an upright person was performing the function properly, and that the assumption always is pleading for the reliability of what was produced. Detective Search Miami Beach South Beach.

In considering the situation within the European Union it could be advantageous to attain among the member states at least a harmonization of basic provisions. A common minimum standard would, of course, serve to achieve the desired goal. Detective Search Miami Beach South Beach.

For many years we acted for the European and International Association of Judges, and dealing considerably with the compilation of basic principles and provisions, which lastly are applicable for all members of an international organization. In such situations, one is confronted with the need to satisfy various demands. In this respect, each organization of a similar composition must cope with its own challenges. Detective Search Miami Beach South Beach.

But to achieve an agreement about a common standard within the international organization of a given profession this only is the first step. Detective Search Miami Beach South Beach. Even in establishing common principles one should take into account the following step, consisting in advocating for the rules firstly before the authorities of the own national legal system in Miami Beach South Beach, and then of the European Community.

In reflecting on the present draft on a common minimum standard we must ask for your appreciation. Our view, of course, is a perception from outside, and may be influenced to a certain extent by the experience judges are making in this regard. Detective Search Miami Beach South Beach. The paper we received on this seems to me a suitable endeavor to define the most basic principles, which could be or already may be agreed by all members of IKD. The presented scheme of options is an efficient structure to complete it according to the principles labeled there. Detective Search Miami Beach South Beach.

I think that option one of this paper dealing with personal requirements by mentioning only a minimum age and a sound mind seems to be somewhat undercharged. This possibly could be backed up to some extent. For us personally, the minimum age of only eighteen years seems somewhat too young. We believe that the profession of a private detective and particular detective in Miami Beach South Beach bears considerable accountability, what requires a well-founded character and a mature personality, and we worry that the age of eighteen years would not always guarantee this, keeping in mind first of all the desired reputation of the profession. Detective Search Miami Beach South Beach.

We don’t know whether this collides with already existing age limits in some systems, but we would determine a minimum age of at least twenty-four years as adequate. Detective Search Miami Beach South Beach. Physical and mental qualification for the aspired occupation of private detective could be another personal requirement. We would recommend emphasizing also the physical qualifications because these at least are necessary to conduct all kinds of surveillances the clients want the private detective to perform and to reproduce the observations in a way required to be used as evidence in Miami Beach South Beach.

Anyhow, the challenges for private detectives and investigators are increasing in Miami Beach South Beach, and their activities become important more and more. Significant tasks are sourced out from the responsibilities of public authorities, like corporate and personal protection, supervision of companies and residential areas, protection of persons and assets, investigation for insurance and bank companies. Detective Search Miami Beach South Beach. As from now, this could mark a part of the future development of the activities of private detectives and investigators.

Against the background of the high significance of the protection of personal data, which in all EU member states lead to the supervision of data detection and processing even of the authorities of police and military intelligence by independent legal commissioners and controllers, classical surveillance and investigation activity by private detectives in any way becomes increasingly complex. Therefore, also representatives of the judicial power are very interested in your debate on problems concerning your profession. Detective Search Miami Beach South Beach.