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Investigation Procedures: Difference between revisions
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The Military Judge(s) will also generally attribute a high probative value to physical exhibits. Physical evidence is highly valued because they are items the court-martial can see and examine to interpret the facts in issue for proof by a preponderance of the evidence. Physical evidence can include just about anything, such as weapons, fingerprints, shoe prints, tire marks, tool impressions, hair, fiber, or body fluids. These kinds of physical exhibits of evidence can be examined and analyzed by experts who can provide the members of the court-martial with expert opinions that connect the item of evidence to a person, place, or criminal event. This allows the court-martial to consider circumstantial connections of the accused to the crime scene or the accused to the victim. | The Military Judge(s) will also generally attribute a high probative value to physical exhibits. Physical evidence is highly valued because they are items the court-martial can see and examine to interpret the facts in issue for proof by a preponderance of the evidence. Physical evidence can include just about anything, such as weapons, fingerprints, shoe prints, tire marks, tool impressions, hair, fiber, or body fluids. These kinds of physical exhibits of evidence can be examined and analyzed by experts who can provide the members of the court-martial with expert opinions that connect the item of evidence to a person, place, or criminal event. This allows the court-martial to consider circumstantial connections of the accused to the crime scene or the accused to the victim. | ||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Relevant Evidence</h5> | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Relevant Evidence</h5> | ||
Relevant evidence speaks to an issue before the court-martial in relation to the charge being heard. Relevant evidence includes both direct evidence and indirect circumstantial evidence. For either direct or indirect circumstantial evidence to be considered relevant to the court-martial, it must relate to the elements of the offense that need to be proven. If the evidence does not relate to proving the place, time, identity of the accused, or criminal acts within the offense itself, the evidence will not be considered relevant to the charge. The Trial Counsel(s) may present evidence in the form of a physical exhibit that members of the court-martial can see and examine to consider, or they may present evidence in the form of witness testimony, in which case the witness is telling the members of the court-martial what they perceived within the limits of their senses. | Relevant evidence speaks to an issue before the court-martial in relation to the charge being heard. Relevant evidence includes both direct evidence and indirect circumstantial evidence. For either direct or indirect circumstantial evidence to be considered relevant to the court-martial, it must relate to the elements of the offense that need to be proven. If the evidence does not relate to proving the place, time, identity of the accused, or criminal acts within the offense itself, the evidence will not be considered relevant to the charge. | ||
The Trial Counsel(s) may present evidence in the form of a physical exhibit that members of the court-martial can see and examine to consider, or they may present evidence in the form of witness testimony, in which case the witness is telling the members of the court-martial what they perceived within the limits of their senses. | |||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Direct Evidence</h5> | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Direct Evidence</h5> | ||
Direct evidence is evidence that will prove the point in fact without interpretation of circumstances. It is any evidence that can show members of the court-martial that something occurred without the need for the Military Judge(s) to make inferences or assumptions to reach a conclusion. An eyewitness who saw the accused shoot a victim would be able to provide direct evidence. Similarly, a security camera showing the accused committing a crime or a statement of confession from the accused admitting to the crime could also be considered direct evidence. Direct evidence should not be confused with the concept of direct examination, which is the initial examination and questioning of a witness at trial by the party who called that witness. And, although each witness who provides evidence could, in theory, be providing direct testimony of their own knowledge and experiences, that evidence is often not direct evidence of the offense itself. | Direct evidence is evidence that will prove the point in fact without interpretation of circumstances. It is any evidence that can show members of the court-martial that something occurred without the need for the Military Judge(s) to make inferences or assumptions to reach a conclusion. An eyewitness who saw the accused shoot a victim would be able to provide direct evidence. Similarly, a security camera showing the accused committing a crime or a statement of confession from the accused admitting to the crime could also be considered direct evidence. Direct evidence should not be confused with the concept of direct examination, which is the initial examination and questioning of a witness at trial by the party who called that witness. And, although each witness who provides evidence could, in theory, be providing direct testimony of their own knowledge and experiences, that evidence is often not direct evidence of the offense itself. | ||
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Naturally, direct evidence that shows the accused committed the crime is the preferred inculpatory evidence, but, in practice, this is frequently not available. The SFSECIS Agents must look for and interpret other sources for evidence and information. Often, many pieces of circumstantial evidence are required to build a case that allows the SFSECIS Agents to achieve reasonable grounds to believe and enables the court-martial to reach their belief by a preponderance of the evidence. | Naturally, direct evidence that shows the accused committed the crime is the preferred inculpatory evidence, but, in practice, this is frequently not available. The SFSECIS Agents must look for and interpret other sources for evidence and information. Often, many pieces of circumstantial evidence are required to build a case that allows the SFSECIS Agents to achieve reasonable grounds to believe and enables the court-martial to reach their belief by a preponderance of the evidence. | ||
A single fingerprint found on the outside door of a stolen runabout would not be sufficient for the court-martial-martial to find an accused guilty of small craft theft. However, if you added witness evidence to show that the accused was seen near the runabout at the time it was stolen, a security recording of the accused entering the runabout, and the suspect was captured while in the runabout, the court | A single fingerprint found on the outside door of a stolen runabout would not be sufficient for the court-martial-martial to find an accused guilty of small craft theft. However, if you added witness evidence to show that the accused was seen near the runabout at the time it was stolen, a security recording of the accused entering the runabout, and the suspect was captured while in the runabout, the court-martial would likely have proof by a preponderance of the evidence. | ||
If an abundance of inculpatory circumstantial evidence can be acquired for presentation to members of the court-martial that leads to a single logical conclusion, the Military Judge(s) will often reach their conclusion by a preponderance of the evidence, unless exculpatory evidence is presented by the defense to create a reasonable doubt. | If an abundance of inculpatory circumstantial evidence can be acquired for presentation to members of the court-martial that leads to a single logical conclusion, the Military Judge(s) will often reach their conclusion by a preponderance of the evidence, unless exculpatory evidence is presented by the defense to create a reasonable doubt. | ||
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'''Legal Recourse for Violations:''' A service member may believe that their Article 31 rights have been violated. If so, it is crucial to seek legal assistance from a qualified military defense attorney as soon as possible. This will help ensure their rights are protected. The attorney can also determine how to address potential violations or mitigate their impact on the individual’s military career. | '''Legal Recourse for Violations:''' A service member may believe that their Article 31 rights have been violated. If so, it is crucial to seek legal assistance from a qualified military defense attorney as soon as possible. This will help ensure their rights are protected. The attorney can also determine how to address potential violations or mitigate their impact on the individual’s military career. | ||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Who Must Give Article 31 Warnings</h5> | |||
* When military personnel act as investigators or interrogators, or within the chain of command in a disciplinary capacity, they must warn a suspect under Article 31(b) prior to asking the suspect any questions. | |||
* Civilians acting as agents of the military must comply with Article 31b. This includes agents of the Star Fleet Security and Investigative Service (SFSECIS) and the Star Fleet Marine Corps' Criminal Investigation Division (SFMC-CID). | |||
<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">INVESTIGATION</h4> | <h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">INVESTIGATION</h4> | ||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Investigation Mandates</h5> | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Investigation Mandates</h5> | ||
* No charge or specification may be referred to | * No charge or specification may be referred to any court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline (SFUCMJ 832-32.1). | ||
A criminal investigation refers to the process of collecting information (or evidence) about a crime in order to: <br> | A criminal investigation refers to the process of collecting information (or evidence) about a crime in order to: <br> | ||
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'''* SFUCMJ Subchapter V.''' | '''* SFUCMJ Subchapter V.''' | ||
<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Burden of Proof</h4> | <h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Burden of Proof</h4> | ||
A Preponderance of Evidence 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. | |||
</center> | </center> | ||
<h2 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">WORKS USED</h2> | <h2 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">WORKS USED</h2> | ||