ABSTRACT

A courtroom trial must establish the guilt of a defendant, proved beyond a reasonable doubt, during which legally obtained evidence is presented to a jury or judge. After hearing all the evidence, the jury or judge evaluates it, determines the facts, and based upon those facts makes a judgment of “guilty” or “not guilty.” Initially and throughout this process the investigator is largely responsible for (1) establishing that a crime was committed, and (2) developing evidence to prove beyond a reasonable doubt that a particular individual is guilty of that crime. Evidence, defined as anything a judge permits to be offered in court to prove the truth or falsity of the question(s) at issue, can be classified as: testimonial, real, or demonstrative. Testimonial evidence is given orally by a witness. Real evidence is any tangible object or exhibit offered as proof. Demonstrative evidence can be a chart, drawing, model, illustration, or experiment. Some evidence may be classified as all three.