Investigation Procedures: Difference between revisions

Investigation Procedures (view source)

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 <h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">STEPS TO REPORTING A CRIME</h4>
 * Often Star Fleet Security units will be the first to report an alleged or actual crime. In addition to normal chain of command reporting duties, the unit's senior Security Officer is required to make the initial assessment as to whether the crime(s) warrant being handled by that unit's Commanding Officer under Article 15/Office Hours/Captain's Mast OR must be referred for investigation and potential court-martial-martial under the SFUCMJ. (See MINOR OFFENSE above).
-* If the ranking Security Officer deems the crime(s) that per regulations warrant a potential court-martial-martial, they will immediately notify the appropriate SFJAG and SFSECIS units that have jurisdiction over the Command. SFJAG will review the evidence of the allegation(s) and determine the necessary course of action, including Charges and Specifications and referral for court-martial.
+* If the ranking Security Officer deems the crime(s) that per regulations warrant a potential court-martial-martial, they will immediately notify the appropriate SFJAG and SFSECIS units that have jurisdiction over the Command. SFJAG will review the evidence of the allegation(s) and determine the necessary course of action, including Charges and Specifications and referral for convening a court-martial.
 * On infrequent occasions, SFSECIS may be made aware of crimes directly reported by victims, civilians, or civilian law enforcement agencies. In regards to the latter, the SFSECIS will extend the same multi-departmental court-martials to streamline any investigation process.
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 Witness evidence is evidence obtained from any person who may be able to provide the court-martial with information that will assist in the adjudication of the charges being tried. This means that witnesses are not only persons found as victims of a crime or on-scene observers of the criminal event. They may also be persons who can inform the court-martial on events leading up to the crime, or activities taking place after the crime.
-These after-the-crime activities do not just relate to activities of the suspect, but also include the entire range of activities required to investigate the crime. Consequently, every SFSECIS officer involved in the investigation, and every person involved in the handling, examination, and analysis of evidence to be presented in court-martial, is a potential witness.
+These after-the-crime activities do not just relate to the activities of the suspect but also include the entire range of activities required to investigate the crime. Consequently, every SFSECIS officer involved in the investigation, and every person involved in the handling, examination, and analysis of evidence to be presented in court-martial, is a potential witness.
 <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Hearsay Evidence</h5>
-Hearsay evidence, as the name implies, is evidence that a witness has heard as a communication from another party. In addition to verbal communication, legal interpretations of the meaning of hearsay evidence also include other types of person-to-person communication, such as written statements or even gestures intended to convey a message. As defined by John Sopinka in his book, The Law of Evidence, hearsay is:
+Hearsay evidence, as the name implies, is evidence that a witness has heard as a communication from another party. In addition to verbal communication, legal interpretations of the meaning of hearsay evidence also include other types of person-to-person communication, such as written statements or even gestures intended to convey a message.
-NEED CITATION
+Hearsay evidence is generally considered to be inadmissible in a court-martial at the trial of an accused person for several reasons; however, there are exceptions where the court-martial will consider accepting hearsay evidence. The reasons why hearsay is not openly accepted by the court-martial include the rationale that:
-Hearsay evidence is generally considered to be inadmissible in court-martial at the trial of an accused person for several reasons; however, there are exceptions where the court-martial will consider accepting hearsay evidence. The reasons why hearsay is not openly accepted by the court-martial include the rationale that:
+* The court-martial generally applies the best-evidence rule to evidence being presented and the best evidence would come from the person who gives the firsthand account of events;
+* The original person who makes the communication that becomes hearsay is not available to be put under oath and cross-examined by the defense;
+* In hearing the evidence, the Military Judge(s) does not have the opportunity to hear the communicator firsthand and assess their demeanor to gauge their credibility; and
+* The Military Judge(s) recognizes that communication that has been heard and is being repeated is subject to interpretation. Restatement of what was heard can deteriorate the content of the message.
+The Military Judge(s) will consider accepting hearsay evidence as an exception to the hearsay rule in cases where:
-The court-martial generally applies the best-evidence rule to evidence being presented and the best evidence would come from the person who gives the firsthand account of events;
+* There is a dying declaration
-The original person who makes the communication that becomes hearsay is not available to be put under oath and cross-examined by the defense;
+* A witness is the recipient of a spontaneous utterance
-In hearing the evidence, the court-martial does not have the opportunity to hear the communicator firsthand and assess their demeanor to gauge their credibility; and
+* The witness is testifying to hearsay from a child witness who is not competent
-The court-martial recognizes that communication that has been heard and is being repeated is subject to interpretation. Restatement of what was heard can deteriorate the content of the message.
-The court-martial will consider accepting hearsay evidence as an exception to the hearsay rule in cases where:
-There is a dying declaration
-A witness is the recipient of a spontaneous utterance
-The witness is testifying to hearsay from a child witness who is not competent
 <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Search and Seizure of Evidence</h5>
 In order for items of physical evidence to be accepted by the court-martial as exhibits, each item of evidence must meet the test of having been searched for and seized using the correct lawful authorities. There are a number of ways in which items of evidence may be legally searched for and seized.
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 <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">court-martial ROOM</h3>
-In the trial of a person charged with an offense in a court-martial proceeding, the Military Judge(s) will hear the evidence and arguments presented by both the Trial Counsel(s) and Defense Counsel(s). The Trial Counsel(s) and the defense exist in court-martial in an adversarial relationship with the onus resting with the Trial Counsel(s) to prove the facts of the case beyond a reasonable doubt. The defense may challenge the evidence, question the testimony and the credibility of witnesses, and present alternate theories of events or evidence, where the accused person could be considered not responsible or sometimes less responsible for the alleged offence.
+In the trial of a person charged with an offense in a court-martial proceeding, the Military Judge(s) will hear the evidence and arguments presented by both the Trial Counsel(s) and Defense Counsel(s). The Trial Counsel(s) and the Defense exist in a court-martial in an adversarial relationship with the onus resting on the Trial Counsel(s) to prove the facts of the case beyond a reasonable doubt. The defense may challenge the evidence, question the testimony and the credibility of witnesses, and present alternate theories of events or evidence, where the accused person could be considered not responsible or sometimes less responsible for the alleged offense.
 <h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Members of a court-martial Martial</h4>
 * Presiding Judge or Tribunal
 * Defendant(s)
-* Trial Counsel(s) (Prosecutor in civilian court-martials) (May work independently or in teams of two)
+* Trial Counsel(s) (May work independently or in teams of two) (Prosecutor in civilian courts)
 * Defense Counsel(s) (May work independently or in teams of two)
 * Jury
-* court-martial Reporter
+* Court Reporter
-* Security Officer(s)
+* Court Security Officer(s)
+* Interpreter (may be made on request of the accused in lieu of Universal Translators
 <h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">BURDEN OF PROOF</h4>
 Proof beyond a reasonable doubt is the standard measure of proof that the criminal court-martial will apply when determining if the evidence presented by the Trial Counsel(s) is sufficient to convict the person charged with an offense. If the evidence is sufficient, and the burden of proof has been satisfied, the court-martial may convict the accused. In these cases, the onus to prove all the elements of the charge rests completely with the Trial Counsel(s). The accused person is not required to prove that they are innocent.
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 <h2 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">WORKS USED</h2>
 The above material was used from the following sources and adapted for use in ASR.
+* American jurisprudence 2d, (c) 1997.
 * Introduction to Criminal Investigation: Processes, Practices and Thinking by Rod Gehl
 <h2 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">UPDATE HISTORY</h2>
 SD 351102 - Created by Michael Dailey<br>
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