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Investigation Procedures: Difference between revisions
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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. | ||