Guidelines for Collecting Evidence

Evidence (Civil & Criminal Cases)

J.D. Morton provided us with a wealth of information in his book entitled "Evidence in Criminal Cases, A Basic Guide". Professor Morton describes three basic areas namely, i) rules relating to the admissibility of evidence, ii) rules relating to proof and iii) rules relating to court decisions.

Our world has become a great deal more complicated since the publication of Professor Morton's guide in 1961. We only need to look at one factor; the privacy laws, to understand the complexity of the rules governing the collection of evidence. The basic rules discussed in Professor Morton's guide entail certain other concepts such as proof, continuity, credibility and control.

It is no longer enough for a Private Investigator to receive a tip or develop an understanding through connections as to the credibility of a person's character. The investigator must have that knowledge with authority and the ability to deliver the crucial evidence to a modern day court of law.

Whether you are hiring us to investigate a matter of a personal nature, a car accident, slip and fall, libel & slander matter or embezzlement in your company, to name a few, the investigators at Yorkey go to great lengths to ensure the evidence we collect will have the integrity you require. 

Evidence is the overt representation that demonstrates whether a contention is based on fact or fiction. The reason evidence is considered in any case is because of the concept of the burden of proof and the obligation to prove.  There are a number of considerations to take into account when assessing a case; 1) prima facie evidence, (probability will prevail unless rebutted; 2) res ipsa loquitur, (the thing speaks for itself); 3) volenti non fit injura (the defendants willingness to accept the risk).  The most common area of tort law is negligence which is the failure to use care as would a reasonably prudent person in similar circumstances.  There must be a number of principles to be measured when collecting evidence in these cases namely, was there a legal duty owed, was there a breach of that legal duty, did the plaintiff sustain actual damage due to the breach, and of most importance was the breach the proximate cause of the incident alleged in the Statement of Claim?  In a civil or tort action the scale to prove a case of tort is based on the weight of probabilities and in criminal cases it is based on reasonable and probable grounds and therefore,  the defence looks for evidence that creates reasonable doubt.

Whether civil or criminal, evidence is the type of proof that is represented in trial in a number of ways. The development of that evidence should be gathered before you reach trial.  There are three types of evidence; 1) oral or testimonial evidence that is gathered by statements given from witnesses; 2) real evidence, such as photographs, exhibits such as DNA, fingerprints, video and other material evidence that link or discredit a link in causation of the incident to the defendent or the accussed, 3) documentary evidence, the paperwork that proves a connection in a material sense.  Direct evidence is based on what a witness observed and circumstantial evidence is based on observation but not by the person accounting for the incident.  The weakness of this evidence unless supported by material evidence is that it is considered otherwise to be hearsay evidence. It is this type of evidence that may cause you to hire a private investigator to develop proof and a connection of the circumstantial evidence to material evidence or corroborate that evidence with other supportive evidence.

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