NCJ Number
121479
Journal
Security Management Volume: 33 Issue: 9 Dated: (September 1989) Pages: 169-171
Date Published
1989
Length
3 pages
Annotation
Building a successful case against a suspect requires a basic understanding of legal concepts and precepts for gathering evidence.
Abstract
Evidence can generally be divided into two categories: direct and circumstantial. Direct evidence is that which can prove a fact without need for the factfinder to make any inference. Circumstantial evidence, also known as indirect evidence, is that which can prove a fact but which requires the factfinder to infer the fact from the evidence. Security investigators should make use of both direct and indirect evidence when it is available. Circumstantial evidence can support and verify the direct evidence given by an eyewitness. To be admissible in court, evidence must be relevant to the pending charges, and it must be legally admissible. The law does not allow the prosecution to use evidence that has been obtained illegally, nor can it use evidence derived from any item or information obtained illegally. Neither is evidence admissible when it stems from privileged communication, such as that between attorney and client, between clergy and penitent, and between husband and wife. To be admissible, evidence must be obtained through a legal search warrant or in compliance with the rules for a warrantless search. Some helpful sources of evidence in financial fraud investigations are the suspect's bank records, accounting records, cashed payroll checks, handwriting analysis, and fingerprints on documents and stolen property.