Explanation:
In a criminal trial, the prosecution bears the burden of proof. The burden of proof is the responsibility for proving the case. In the United States criminal court system, the burden of proof lies with the prosecution, meaning that the defendant is innocent until proven guilty. The prosecution must prove guilt beyond a reasonable doubt in order for the defendant to be found guilty.
Explanation:
If there is enough circumstantial evidence, it can be sufficient to build a case. Circumstantial evidence does not directly prove anything, but it suggests a conclusion. For instance, if a suspect is seen in the area in which a crime is committed, and the suspect is known to possess the weapon with which the crime was committed, these facts would be admissible as circumstantial evidence. If the prosecution is able to gather enough circumstantial evidence, it may be possible to support a case on this basis. Circumstantial evidence is not considered stronger than direct evidence.
Explanation:
A general worksheet is used to describe the collection of evidence. The general worksheet is one of the six primary documents required at a crime scene; the others are the scene description worksheet, the diagram log, the photographic log, the latent print log, and the evidence log. The latent print log is used to store and record the source of latent fingerprints. The scene description worksheet provides a basic summary of the crime event, as well as any pertinent observations about the crime scene. The photographic log is a set of pictures of the scene.
Explanation:
Of the given questions, the best for an interrogation would be "Why were you at the bowling alley last night?" The interrogator should avoid asking leading questions: that is, questions that suggest an answer.
Answer choice A encourages the interviewee to answer "Yes," and answer choice D encourages the interviewee to answer "No." An interrogator should also avoid asking questions that elicit only a one-word answer. It is better to ask an open-ended question so that the interviewee will feel compelled to add some detail. The best interrogation questions are those that lead to more lines of inquiry.
Explanation:
Records held by the United States Congress are not made available to the public by the Freedom of Information Act (FOIA). However, FBI records, military and defense records, Social Security Administration records, and Veteran's Administration records are all available to the public through FOIA requests. The Freedom of Information Act was passed in 1966 so that public records could be accessible. The act declares that citizens have a right to this information, whereas in the past the public's access was limited to those documents containing information which a citizen might "need to know."
Explanation:
If the defendant owned the same type of weapon that was used to injure the victim, this would be an example of circumstantial evidence. Circumstantial evidence suggests a conclusion but does not prove anything directly. In order to form the basis of a case, circumstantial evidence must be either overwhelming or accompanied by direct evidence or testimony. Fingerprints on a murder weapon would be considered direct evidence. Official government records or a witness' recollection of a victim's cry would both be considered hearsay, though both of these would most likely be admissible in court.
Explanation:
A Ghillie suit would be most appropriate for outdoor surveillance. Ghillie suits are special costumes that appear to be made of sticks and leaves. They are designed to provide camouflage in a forest setting. Of course, it is necessary for such a suit to match the color and type of foliage that is prevalent at the time. It should be noted that a Ghillie suit is best for situations in which the investigator will not have to move for a long time. In other words, a Ghillie suit is a good option for long stake-outs, but not for tailing a suspect.
Explanation:
BSIS can issue a citation with an administrative penalty of up to $5,000 and an order to cease and desist because Sam is not a licensed private investigator but is advertising private investigation services. This action is within BSIS's authority to regulate and enforce licensing requirements for private investigators.
Explanation:
One disadvantage for a private investigator of having an attorney as a client is that attorneys are often reluctant to make advance payments. Attorneys are apt to wait to make payment until the private investigator has finished his or her work. This can be inconvenient for the investigator. On the other hand, any notes made by the private investigator will not be available to the other side during the discovery phase of a trial. This is because the work of the private investigator is defined automatically as attorney work product, which is the set of privileged documents an attorney uses to formulate his or her strategy.
These documents are protected from discovery by Exemption 5 of the Freedom of Information Act. Finally, most private investigators find working with attorneys to be quite lucrative.
Explanation:
Voice spectroscopy is a focus of criminalistics. Criminalistics is the use of scientific techniques for gathering and evaluating physical evidence. Voice spectroscopy is an analysis of the wave characteristics of a voice sample. Some of the other disciplines in criminalistics are chemistry, photography, fingerprinting, lie detection, and document authorization. Toxicology, odontology, and pathology are all elements of forensic medicine, which is the other main branch of forensics. Forensic medicine is the application of medical techniques to criminal cases. Toxicology is the analysis of drugs and poisons. Odontology is the analysis of dental records and artifacts. Pathology is the study of diseases.
Explanation:
Robert may face the action of BSIS issuing him a citation with an administrative fine of up to $5,000 and, if deemed necessary, an order of abatement. This is because Robert, despite lacking experience and not claiming to be licensed, still engaged in soliciting clients and accepting payment for investigative services. His lack of experience led to serious mistakes, which resulted in angry clients reporting him to BSIS. As a regulatory agency, BSIS has the authority to take action against individuals who engage in fraudulent or unlicensed activities in the private investigator business, hence the citation and potential fine.
