CMI Report Writing & Case Documentation 3 — Questions and Answers
Question 1: In a marine investigation, the term 'spoliation of evidence' refers to:
- The natural deterioration of evidence due to saltwater exposure
- Intentional or negligent destruction, alteration, or concealment of relevant evidence (Correct answer)
- The transfer of evidence to a federal repository
- Evidence contaminated by fuel or oil following a casualty
Correct answer: Intentional or negligent destruction, alteration, or concealment of relevant evidence
Spoliation is the intentional or negligent destruction or alteration of evidence, which can result in adverse inference instructions in legal proceedings.
Question 2: When drafting the 'findings of fact' section of a marine casualty report, the investigator should:
- Include personal opinions about crew negligence
- State only objective, evidence-supported facts without speculation (Correct answer)
- Reference applicable regulations but not specific evidence
- Combine findings with causal analysis for brevity
Correct answer: State only objective, evidence-supported facts without speculation
Findings of fact must be restricted to objective, evidence-supported statements to maintain the report's legal and professional credibility.
Question 3: Which document would a CMI most likely use to establish a vessel's navigational track during an incident investigation?
- The crew's personnel files
- AIS (Automatic Identification System) data records (Correct answer)
- The vessel's cargo manifest
- Port entry certificates
Correct answer: AIS (Automatic Identification System) data records
AIS data provides a timestamped navigational track of a vessel's position, speed, and course, making it critical evidence in casualty investigations.
Question 4: A 'privileged communication' in the context of marine casualty reporting most commonly refers to:
- Communications between the vessel and a rescue coordination center
- Statements made by crew members to company attorneys after a casualty (Correct answer)
- Confidential cargo manifests
- VHF radio traffic recorded by a port authority
Correct answer: Statements made by crew members to company attorneys after a casualty
Attorney-client privilege protects communications between crew or company personnel and their legal counsel, potentially shielding them from compelled disclosure.
Question 5: When a marine investigator references SOLAS Chapter V in a report, they are addressing requirements related to:
- Vessel firefighting equipment standards
- Safety of navigation, including bridge procedures and voyage planning (Correct answer)
- Life-saving appliance maintenance schedules
- Cargo securing and stowage regulations
Correct answer: Safety of navigation, including bridge procedures and voyage planning
SOLAS Chapter V covers safety of navigation, including requirements for voyage planning, watchkeeping, and bridge resource management.
Question 6: The purpose of a 'factual report' phase in a two-phase marine investigation is to:
- Assign fault and recommend sanctions against the vessel operator
- Compile objective facts before any causal analysis or probable cause determination (Correct answer)
- Provide the public with immediate information about the incident
- Satisfy insurance carrier requirements for claim processing
Correct answer: Compile objective facts before any causal analysis or probable cause determination
The factual report phase objectively compiles all evidence and factual data before any analytical or causal determinations are made in the analysis phase.
Question 7: Which of the following best describes the correct use of passive voice in formal marine investigation reports?
- Passive voice should never appear in a professional investigation report
- It should be used sparingly and only when the actor is unknown or irrelevant (Correct answer)
- It is preferred throughout to maintain an authoritative tone
- It is required by USCG formatting standards for all findings
Correct answer: It should be used sparingly and only when the actor is unknown or irrelevant
While active voice is preferred for clarity, passive voice is acceptable when the acting party is unknown or when the action itself is more important than who performed it.
CMI Report Writing & Case Documentation 3
In a marine investigation, the term 'spoliation of evidence' refers to: