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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