Factor 1: The Quality of Evidence

We assess the quality of evidence by considering the nature of what is offered as proof and its relationship to the events and their participants.

Does the evidence offered have a direct and significant relationship to the event and to its key participants so that it can be considered as objectively attesting to the facts of the matter?

For example: The crime is a death by handgun. If the proof is a recently fired handgun that fired the murder bullet, that was owned by the victim and that has fingerprints of the accused on it, then an expert's record establishing these facts could be considered very strong proof.

Factor 2: The Persons and Actions involved in the Event

The qualities of the persons and actions involved in the event influence the outcome of decisions concerning the event.

  • Were the accused persons present and involved in the event?
  • Were they motivated and/or capable enough to perform the actions alleged?
  • Is this documented in or by records offered in evidence?

Factor 3: The Chain of Responsible Custody of the Proof

The custody of the 'proof' during the interval between the events in question and its submission in evidence must guarantee its integrity. It must be fully protected from any circumstance that would allow its validity to be questioned.

  • Who had the 'proof' during this period?
  • Where and how was it kept?
  • Did justice authorities use proper procedures in obtaining and caring for it?

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