![]() ![]() This probative value of evidence goes towards the judge, or the judge and jury, reaching their decision of proof beyond a reasonable doubt in criminal court, or proof within a balance of probabilities in civil court. In this chapter, we will look at some of the key definitions and protocols that an investigator should understand to carry out the investigative process:Įach piece of relevant evidence will be considered based on its “probative value,” which is the weight or persuasive value that the court assigns to that particular piece of evidence when considering its value towards proving a point of fact in question for the case being heard. Many of these protocols are specifically addressed and defined within the provisions of the Canada Evidence Act (Government of Canada, 2017). From the various forms of evidence, the court can draw inferences and reach conclusions to determine if a charge has been proven beyond a reasonable doubt.Ĭonsidering the critical nature of evidence within the court system, there are a wide variety of definitions and protocols that have evolved to direct the way evidence is defined for consideration by the court. It can even include the spatial relationships between people, places, and objects within the timeline of events. Sources of evidence can include anything from the observations of witnesses to the examination and analysis of physical objects. The term “evidence,” as it relates to investigation, speaks to a wide range of information sources that might eventually inform the court to prove or disprove points at issue before the trier of fact. “Evidence forms the building blocks of the investigative process and for the final product to be built properly, evidence must be recognized, collected, documented, protected, validated, analyzed, disclosed, and presented in a manner which is acceptable to the court.”
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