Professional Writing for the Criminal Justice System

231	Why Write?

The experts say, “Writing is not simply a way for students to demonstrate what they know. It is a way to help students understand what they know.” It’s true. I have found that when I ask students to write about course content it turns out that two important things are happening simultaneously: As they write about course content they deepen their understanding of it, or at least discover the questions they need to answer in order to write about it coherently. At the same time, students are practicing the very language skills they will need when they are called upon to express themselves clearly and professionally in a high stakes format.

—Jill Harrison, PhD, Professor of Sociology
and Justice Studies, Rhode Island College

What you will learn in this chapter:

• What other professionals in the field think about writing

• Why writing in this field is critical to due process and the pursuit of justice

• How our writing is an extension of our professional competence and credibility

• How to use the examples and sources in this book to improve our own writing

This is a book about writing on the job in a wide range of settings, requiring all kinds of writing: on-scene evidence and note-taking, individual assessments, incident reports, case summaries, grant applications, letters to courts, and more. There are countless examples from police and corrections officers who feel tremendous pressure on the job regarding the importance of accurately documenting and reporting incidents and events. Unlike some professional writing in the academic world and in other professions, writers in the justice professions must produce reports and briefs that are both detailed and precise. What we produce must be able to withstand demanding readers up the chain of command, and sometimes, they must withstand cross-examination in a court 4of law by a judge or a lawyer. If we get our facts wrong, innocent people may suffer and guilty people go free.

Some cases may take years to resolve, and documents written on the job on one day may be used years later when a case comes to trial. For this reason (among others), many police officers feel a tremendous amount of stress related to the internal demands of the job, which in large measure is writing and documentation of the activities and events they covered on their shift. Gathering information, sorting through it quickly and efficiently, and then writing well about it need practice. Unfortunately, oftentimes the first draft of a written document is also the last draft, and from there a supervisor sees it and approves it or sends it back to the officer for revision. Because so many types of writing in criminal justice have significant consequences for others, the stakes are high, and therefore our writing work must be done with clarity, precision, and objectivity.

Despite the huge amount of writing that justice professions require, when students ask for a resource to help with their professional writing, we are at a loss to provide them with specific content areas related to their career goals and aspirations. This book is a response to the need for a textbook on writing for the broader range of settings, roles, and purposes that we encounter.

The need to write competently extends well beyond written notes in case files. Furthermore, the need for more effective writing instruction requires that it go beyond simply teaching writing platforms, for example, learning how to produce outlines or use electronic templates social service agencies might have in their computer systems. Nearly all justice studies students indicate their need for writing instructions related to writing fundamentals, such as assembling effective, clear sentences; using appropriate punctuation; finding the right word so we can say what we mean; and making sure we have spelled everything correctly. It takes practice to become generally fluent in the fundamentals while working to be sure that our writing effectively organizes and communicates information.

We have designed this book to address the needs of the novice as well as the burgeoning justice professional. In this book, you will find instructions about the basic writing skills required for documentation of your work, with examples from several practice settings. More importantly, you will find information and writing exercises designed to help you develop a writing process that is both efficient and effective. Say what you mean and document it precisely and simply. Be sure to format what you say so that your colleagues and superiors take you and your work seriously. Lives are at stake.

A professional in the human service field made this point when she commented, “If you cannot write it competently and accurately, then officially it did not happen, either for the client or the agency.” The point here is to underscore the significance of the mundane—the case record determines everything. If you contribute to the official case record, do so with care and caution. The case scenarios presented in this book came from actual justice settings, where, as you will see for many cases, there are serious consequences for inadequate documentation.

In your career, you will come in contact with other law enforcement officials, social workers, administrators, lawyers, and other professionals from various social service 5agencies. Each has a code of ethics, and for our purposes, it is instructive to outline a couple of them here.

According to a state constitution, Article III, Section 7,

The people of the State believe that public officials and employees must adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable, and responsive, avoid the appearance of impropriety, and not use their position for private gain or advantage (State of Rhode Island Ethics Commission, Article III, Section 7, www.ethics.ri.gov/code/).

This code of ethics applies to all persons, elected or not, serving in the capacity as a state employee, which includes criminal justice professionals. For police officers, for example, there is an additional code that states:

• As a law enforcement officer, my fundamental duty is to serve humankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all men and women to liberty, equality, and justice.

• I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept secret ever unless revelation is necessary in the performance of my duty.

• I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

• I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held as long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself to my chosen profession. (State of Rhode Island Ethics Commission, Article III, Section 7; www.ethics.ri.gov/code)

It is important to note that none of these directives can occur without keeping written records of our work and effectively communicating with others. In the narrowest sense, we help meet the basic needs of society that depend on law, order, safety, due process, and so on. The purpose of the justice professional is to serve people, as together we strive for justice in a society based on the rule of law. At its most fundamental, justice jobs require written communication between the justice professional and her or his superiors, the justice professional and the district attorney’s office and the courts, the justice professional and the victims, the justice professional and the suspect, and the justice professional and the community at large. All these services depend on adequate written communication skills.

Consider what Dr. Glantz, a justice professional with 10 years of experience on the job, has to say as she describes the practicalities of professional writing on the job.

6Why Write?

The impact of our written words linger long after we have moved on, and can continue to hinder growth and change within clients, practitioners, and organizations. Practitioners must put down on paper words and thoughts that have the power to severely impact the lives of others, be they correction staff or incarcerated persons or the organization itself. If one is not comfortable discussing an issue face-to-face and communicating directly, then putting it in writing requires even more reflection. In my own practice, research, and teaching, I live by a commitment to never write something that I would not be willing to say directly to an individual or organization. And I always align what I plan to write with the direct communication that has come before. Mean what you say, write what you mean, and let these truths guide your actions.

—Tonya Glantz, PhD, MSW, Former Director, Child Welfare Institute

Dr. Glantz reminds us that what we write outlasts and outlives us, even more now than ever, thanks to the world of digital communication. Writing is unavoidable. Justice professionals who take on the challenge to write effectively quickly become professionally indispensable. This book takes you through a series of writing scenarios that will help you become a more thoughtful and skilled writer for not only your professional field, but for all justice fields in general.

EXERCISE What Do You Think?

Reread what Dr. Glantz has to say about writing and writers in criminal justice professions. Take a moment to jot down at least three key points that she asserts are essential for professional writers in justice studies professions. What do you think is the most important idea she advocates?

Why Do We Need a Book on Writing for Justice Professionals?

The events the justice professional writes about are often brief, traumatic, surprising, and happen in a flash. The written record, on the other hand, will last for years, even decades. It must be deliberate, specific, and as unbiased and objective as the writer can manage. Consider the following scenarios that represent summaries of actual events:

• You are a correctional officer and just had to physically restrain two inmates who were fighting with each other. A shiv (knife-like weapon) was involved. You were injured. It took 15 seconds. You have to document your use of force and explain why it was justified.

• You are a police officer who stops a motorist for speeding, and when the driver retrieves his license and registration, a crack pipe and a baggy with a yellowish substance fall 7down from the visor. You must document the incident and explain how the drug and drug paraphernalia you encountered were not a result of an illegal search and seizure.

• You are a parole officer and must write a report documenting a second failed drug test. This report will send the parolee back to prison for 6 years to serve out the remainder of his sentence.

• At a victim advocacy service center where you are a case manager, a client fails to show up for three consecutive appointments. You are worried about her well-being, but you know she lost her cell phone a couple of weeks ago and probably had not gotten around to replacing it yet. You need to send her a letter to inform her that the judge has yet to approve the No Contact Order that she wants to be issued against her ex-boyfriend.

• Your supervisor sends you a Request for Proposal (RFP) for a grant that would support the gardening initiative that female inmates would begin in the spring at the state prison. You are asked to write part of the grant by explaining the project and how it would benefit this inmate population.

• You are a police officer called to a third story walk-up for possible domestic violence. The conflict is still in progress when you arrive, and it is unclear who initiated the violence as both the male and female in the apartment appear physically hurt with cuts visible on their faces and arms. You must write an arrest report charging both individuals with aggravated assault.

All these six examples, and thousands more like them (and just as many unlike them), occur every day in the life of a justice professional. As you looked at the writing tasks in the aforementioned list, did you experience any concerns about your own ability to handle such a writing challenge? On the one hand, you may think that it is all quite simple: You must simply gather and sort through the necessary information, decide what to include and omit, organize it in a logical order, and then convey it all in appropriate, professional language. On the other hand, you have limited time and must write your report in an error-free display so that your superiors have direct and reliable access to the information you are trying to convey. Judges, district attorneys, lawyers, commanding officers, and even your colleagues do not have the time to decipher your bad writing in order to try and guess what you were trying to communicate. Learn to get it right and get it done. This is no easy task, at least not at first, but practice—as in all things—makes perfect (Sopko, 2000).

At the most fundamental level, we, as justice professionals, must document our work with the right amount of information, and in a timely manner; we must use appropriate and precise language; and, finally, we must have the basic writing skills in order to demonstrate professional competence and credibility.

—Jill Harrison, PhD, Professor of Sociology and Justice Studies, Rhode Island College

In recent years, writing-as-documentation has become an important component of “risk management” and has garnered considerable attention in the field of criminal justice (Reamer, 2005). Risk management means protecting clients, agencies, and other 8professionals in the justice fields from potential and actual complaints or lawsuits. The importance of writing-as-documentation requires justice professionals to meticulously document work accurately, competently, and appropriately.

Effective communication in writing as well as in speech relies on a person’s ability to think critically, which means to engage in logical inquiry in order to form evidenced-based professional judgments. Effective communication depends on the justice professional’s ability to sort through, organize, and sometimes synthesize what may at first seem like an overwhelming amount of information.

But more than organizing information or producing grammatically correct sentences and paragraphs—no small things in and of themselves—professional writing requires that the justice professional understands the importance of the practical, ethical, and legal dimensions of writing because these qualities represent the rule of law and reason; effective professional literacy communicates to all a fundamental belief in the efficacy of our justice system and the right rule of law, and that professionals in the field know how to administer it.

Justice professionals who work in a public, that is, governmental organization such as a police department or a correctional institution, are accountable to legislative, administrative, and other oversight entities as a routine matter of course in the day-to-day responsibilities of their work. Following are the comments of a police officer with 10 years’ experience on the force about his writing experiences:

I’ve often wondered what civilians think about police reports and how they are compiled. There’s this myth, perpetuated perhaps by television and the media, that cops do not have to write a lot. . . . On the contrary, we are required to write well-articulated narratives, approximately one page, single-spaced in length, documenting the incident and any important observations or facts. These reports are then reviewed by at least one supervisor but will be read and perhaps reviewed again by several others up the Chain of Command: the immediate supervisor (sergeant or lieutenant), followed by the immediate supervisor’s supervisor (captain or major), the prosecutor, the defense attorney or attorneys, a judge, and perhaps even an appellate judge. The reporting officer must be cognizant of the fact that his or her report lasts forever, and that over time, it will be read by more powerful men and women.

I remember studying “Driving Under the Influence (DUI) Arrest and Report Procedures” at the police academy, and everything seemed so straightforward. You would see the car in motion, violating a motor vehicle code, and perhaps swerving in and out of the travel lane. You would then make contact with the driver and smell alcohol on his breath; you would then kindly ask him or her to step out of the car, and of course he or she would comply. Then, after administering the Standard Field Sobriety Tests, you would make an arrest. Sounds simple enough? Almost enjoyable. However, this isn’t how it goes down.

My first DUI case involved a motorist who successfully eluded State Police on the highway and entered my jurisdiction. The driver proceeded to crash into a parked car on Knight Street, and as he tried to flee, the owners of the parked car tackled him to the ground. By the time I had been dispatched and arrived on scene, the owners of the parked car had pulled the drunken suspect out of his car and were actively punching his face to a bloody pulp. They didn’t teach me this in the academy. Whom should I even arrest? Were the owners of the parked car criminals for punching the suspect, or should they have been commended for preventing the suspect from fleeing again and injuring more 9people? Things can get increasingly messy in police work. The larger question is how do I write this one up?

The scene was chaotic, and I ordered the owners of the parked car to walk back into their front yard. I was screaming as loud as I could, pointing my Taser at them, until their adrenaline finally ceased and they understood what I wanted them to do. The suspect then tried to get up and run, so I had to holster my Taser and tackle him to the ground. After wrestling with him for a few seconds, I was finally able to secure him in handcuffs. I placed him in the back of my cruiser and then responded to the station. It was about a 4-mile ride, and during the entire transport, I was trying to process everything I saw. What would I write in the report?

There’s an old cliché that states, “The pen is mightier than the sword,” and this holds true for police work. A great supervisor once told me, “If you can write it, you can do it,” and I couldn’t agree more. And while my gun is my lifeline, a tool that when used properly in desperate moments can deliver me home safely to my family, my notepad and pen, combined with a strong working knowledge of the law and Fourth Amendment, keep me gainfully employed. Handcuffs, pepper spray, or a gun are hardly ever used; yet the pad and pen are called upon several times a day.

Now think about how complex this whole writing process can be. Most calls for service are made by people who, for a variety of reasons, struggle to navigate everyday life, including the simplest of tasks to dealing with the dredges of society. They need police intervention to settle disputes with their spouses, with their children, with their neighbors, and a whole lot more.

During chaos sometimes, the officer must keep his or her composure and create an objective police report, documenting the incident while accurately recording the facts of the case. Was a crime committed? Was a victim harmed and if so, was she or he transported to the hospital? Was notification required to the Department of Children, Youth, and Families? Am I okay? Will my torn uniform be replaced free of charge and in a timely manner, or am I going to have to buy a new one myself? There is so much to document, so many details to consider. Yet the report must be objective, a neutral report of facts, and well written in terms of grammar, spelling, and punctuation.

A cop is a neutral reporter of facts, nothing more, but nothing less. A cop needs to know the elements of the crime and whether they were met by each specific case. Then we must be able to document it all. Depending on the situation, a cop might need to include some feelings from the incident. Were you in fear for your safety? Were you concerned for the victim’s safety and thus had no choice but to kick in a door because she was screaming for help? Did you get a 9-1-1 hang up at a particular address, and when you arrived the wife met you at the door and told you that everything was fine, but her facial expression showed otherwise, with noticeable fear? There’s certainly a lot to consider; there is certainly a lot to write about. And if a cop can’t recall details from an incident in order to generate a police report that is clear, accurate, and concise, then he or she may have a very short and unsuccessful career.

A good reporting officer must be able to type fast while keeping up with the incoming calls for service. Each patrol officer knows how long a report should take, from barking dog complaints to more complicated DUI arrests. If the report takes any longer, other officers might tease or ridicule you. “What, did someone die at that DUI? Did you find Jimmy Hoffa’s body in the trunk?” It’s a very unforgiving profession.

—Michael Martufi, Patrol Officer and Adjunct Professor
of Criminal Justice, University of Rhode Island

10Breakout Writing Assignment Your Take on an Unforgiving Profession

Did anything surprise you about Officer Martufi’s perspective on law enforcement and writing? Cite one or two things you learned from his reflection.

Next, take a few minutes and explore in writing why the officer writes that law enforcement is “a very unforgiving profession.” How so? Use the officer’s report as the key evidence on which to draw your own case.

The primary purpose of this book is to help students develop the skills to write as competently and confidently as possible. Each chapter includes brief descriptive information about the type of writing done in the particular field of criminal justice followed by a specific case scenario drawn directly from actual case files. First, we learn how to generate professionally appropriate writing, and then we learn how to finish it to professional standards.

Although Chapter 11: Glossary of Writing and Writing Errors contains a summary of basic writing information, many other writing handbooks exist. We might consult Diane Hacker’s (2009) writing manual, which covers a wider range of writing issues, and Nancy Sidell’s (2011) case recording guide, which contains numerous reporting forms and information about documenting work with individuals and families.

The Takeaway

• Writing is one of the most essential skills needed in law enforcement and related justice fields.

• Every justice professional will need to write competent reports frequently and quickly.

• Writing for (criminal) justice has both ethical and practical imperatives.

• Professional writing that becomes part of the institutional record lasts, ostensibly, forever. Get it right.

Conclusion

You may choose to start by reviewing Chapter 11: Glossary of Writing and Writing Errors, which covers the basic principles of writing for professional settings. The chapter begins with explanations and examples related to helping you understand the basics of a sentence structure. It provides explanations of common issues related to choosing the right word usage; organizing your sentence simply and effectively (syntax); and ways to become aware of and avoid common writing mistakes that make writing ineffective, vague, imprecise, and unpersuasive. The Glossary of Writing and Writing Errors explains the difference between the active and passive voice; common abbreviations; general rules of punctuation; how to avoid confusing, similar sounding words; the use of contractions; how to avoid plagiarism; and the importance of avoiding labeling, clichés, and other quasi-racist or sexist language.

11We organized the Glossary of Writing and Writing Errors in a way that the user may turn to any section and review the criteria for competent writing, with examples. If you learn more effectively by seeing actual products and practicing your own skills, go to any chapter and try your hand at the sequences of writing assignments designed to help students complete reports specific to certain fields within a variety of justice settings. Each chapter includes formative writing exercises that appear at the beginning with the gathering of information and effective note-taking. From there, writing exercises require producing a rough draft based on notes and incomplete information from the field. Students will also have the opportunity to practice editing a more finished draft so that they can develop confidence in spotting common writing errors and finding ways to avoid them. At any time while working through this book, students might want to consult the Glossary of Writing and Writing Errors for help with the formal categories of writing that give them the most trouble.

References

Hacker, D. (2009). A pocket style manual (5th ed.). Boston, MA: Bedford/St. Martin’s.

Reamer, F. G. (2005). Documentation in social work: Evolving ethical and risk-management standards. Social Work, 50(4), 325–334.

Sidell, N. L. (2011). Social work documentation: A guide to strengthening your case documentation. Washington, DC: National Association of Social Workers Press.

Sopko, G. P. (2000). Basic writing skills: A training outline. Mechanicsburg, PA: The Pennsylvania Child Welfare Training Program.