Just to be clear, the District Attorney represents the people -- the citizens of the state, not specifically the victim. The victim could have an attorney, but usually this would occur in one of two scenarios: 1) the victim became a victim due to involvement with some sort of criminal activity and wants an attorney in case he or she becomes a witness or a subject of investigation by the police; or 2) the victim decides to pursue a civil lawsuit against the perpetrator of the crime, or possibly the police department/municipal or state government, if there was some sort of mishandling of the case. I've seen this, too, and although I don't think it's common, I don't see any reason why it *couldn't* happen. Go ahead and write it!
Hey! I was scanning the net today for my daily dose of news and I stumbled on this story -- it's a different scenario than going after medical records but on the other hand ... it's interesting to think about what we put into emails. =D http://www.huffingtonpost.com/2013/01/23/google-transparency-report_n_2537153.html
In your rewrite have you addressed why this detective would be handed this case in the first place? I'm only asking because from what I know about how the law works and from reading your posts, I can't see why a dectective would be put on this mugging case. I think you said the mugging was interrupted by a bystander? If this is the case then that bystander would then call 911, whose job is to dispatch only first responders (paramedics and patrol officers). If the victim survives and the suspects/attackers are all arrested, then a detective would only be called to the scene if there was a reason to investigate something. For example, if the bystander said the victim already had injuries that could not have come from the muggers or if there was a large amount of cash, jewelry, etc. on either the victim or suspects. Or maybe the attackers are suspected of other crimes. If the detective was handed the case file by his captain/supervisor, it would only be because something in the statements taken at the scene or evidence gathered did not add up right. As horrible as a mugging is, it usually does not justify an investigation like this on it's own. After statements were taken by first responders and charges were brought, then the case would move to the criminal courts. Also, a detective is usually not given one case at a time. They work multiple cases and the ones with priority are investigated first. If the victim is alive and the attackers are all behind bars, then it would take something very suspicious to make this case priority.
@Drusy That is a very interesting article to know about, and although it doesn't pertain to my specific needs it definitely gives me a little insight about what's going on in the real world. @Benelee Originally, when I first wrote out the skit, the victim was found by an older married couple who called a good friend of theirs who they knew had basic knowledge of the law. Upon arriving at the scene the friend went with a gut feeling and called her brother, the detective in question. After reaching certain points though, and after reading all the responses I've gotten from people here on the forums, I've realized that the original draft may not work entirely as I thought it might, so I've put my efforts into trying to rewrite it to make it more believable. I admit I am hitting some road blocks since I'm not familiar with law, and this type of genre is usually not my forte, but I aim to power through it to the best of my abilities and make it as believable as possible. Any and all advice/suggestions/pointers are more then appriciated and will hopefully point me down the right path needed to achieve the goal I want with this piece. If need be I'm more then willing to provide more information about the entire subject. Just let me know.
Depending on what kinds of information you want to reveal, most personal records of adults (person's 18 and over in most cases) are accessible, particularly by the legal system. The police dept. would have access to national data files as well as local. However, as others have already mentioned, case files on minors and mental health records are restricted except under strictly controlled situations. And, if the officer/detective in question has cause to believe someone - perpetrator, witness, or victim - is concealing information, he would be well within his purview to investigate further.
