In numerous cases, involved witnesses need to be managed
for a variety of reasons.
Witnesses that are vulnerable, such as homeless people,
need to be made available for court, so a witness management program is
required to keep the witnesses available for Court.
Witnesses who are in danger due
to their lifestyles or threats also need to be given access to healthcare and
security or other programs that may make them more likely to be of assistance
to the court when they are called to give evidence in a safe environment.
Different types of witnesses can provide evidence from
different perspectives, and these perspectives need to be assessed by the
investigator to establish the reliability of the evidence provided.
For any investigation, the
details of events provided by witnesses are a critical element of the evidence
gathered.
Witness testimony is the verbal
account of events or knowledge of the facts relevant to the crime. Witness
statements will assist the investigator in forming reasonable grounds to lay a
charge and will assist the court in reaching a decision that the charge against
an accused person has been proved beyond a reasonable doubt.
As the law has evolved regarding
witnesses, many rules of evidence, definitions, and protocols have developed to
govern the way witnesses may testify in court. It is important for an
investigator to understand these elements as this allows an investigator to
evaluate witnesses and collect witness evidence that will be acceptable to the
courts.
Identifying witnesses
Defining witness types
Defining competence and
compellability
Identifying the witness/suspect
dilemma
Witness credibility assessment
The truthfully-incorrect witness
Recognizing dominant witness
influences and conformity
Dealing with uncooperative
witnesses
Conducting witness interviews
The field interview
Independent Witness
In addition to considering the evidence of a witness based
on being an eyewitness or a corroborative witness, the court will also give
additional weight to evidence that comes from a person who is an independent
witness. An independent witness is sometimes referred to as a third-party
witness. They are characterized as independent because;
They are not associated with the
victim
They are not associated with the
suspect
They are not in any way
associated to the criminal event
Independent Witness
In other words, an independent
witness is someone with nothing to lose and nothing to gain by the outcome of
the case. With this inferred lack of vested interest to either side, the
independent witness is seen by the court as providing unbiased testimony.
Similar to the court, an investigator can attribute more confidence to
statements made by persons who are established to be independent eyewitnesses
or independent corroborative-witnesses to an event.
Evidence in Pakistan by a witness
In the Laws of evidence, a witness is a person who has seen
a matter (that is under legal scrutiny) or who has personal knowledge of the
facts of a case and can provide information about what they saw, heard, or
experienced. Witnesses play a crucial role, whether it’s a nikah, a court case
(either criminal or civil cases), or an investigation.
They are typically called upon to
provide information upon the initiation of an FIR or to testify in court. In
the laws of evidence, the testimony provided by a witness can be used to
establish the facts of a case, to prove or disprove allegations, and to help
determine the guilt or innocence of a defendant.
Oral Evidence: This includes any
spoken statements made by a witness
or party to a case. It may include testimony given
in court or statements made outside of court that are relevant to the case.
Documentary evidence: This is considered any evidence which can be provided in
written document form i.e an application to the court, a contract etc.
Conclusive Evidence: This is evidence that is considered to
be irrefutable, and cannot be contradicted or disputed.
Direct Evidence: This is evidence
that directly proves a fact, without the need for inference or interpretation.
Real Evidence: This includes any physical evidence that is
relevant to the case, such as weapons, clothing, or other items that were
collected from a crime scene.
Extrinsic Evidence: This includes any evidence that is
introduced from outside of the case, such as prior convictions or other legal
documents that are not directly related to the current case.
Incriminating Evidence: Evidence
that incriminates an individual by clearly identifying the perpetrator and
their involvement in the crime
Indirect Evidence: This includes any evidence that implies
a fact, without directly proving it.
Original Evidence: This is evidence that is considered to
be the original or primary source of information, such as a signed contract or
a video recording of an event.
Derivative Evidence: This is evidence that is created from
an original source, such as a photocopy of a document.
Parole Evidence: This includes
any evidence that is related to the negotiations or discussions leading up to
the formation of a contract.
• Prima Facie:
This is evidence that is sufficient to establish a fact or case unless it is
contradicted or disproved by other evidence.
• Primary
Evidence: This is evidence that is considered to be the best evidence
available, such as an original document or a witness who directly observed an
event.
• Secondary
Evidence: This includes any evidence that is not the best or most reliable
source of information.
• Tertiary
Evidence: This is based on secondary evidence that is further removed from the
original source of information. For example, a witness testifying about the
contents of a contract based on their recollection of a conversation with one
of the parties would be considered tertiary evidence. Tertiary evidence is
generally considered less reliable than primary or secondary evidence and may
not be admissible in court without additional verification or corroboration.
Scientific Evidence: This includes any evidence that is
based on scientific analysis, such as Chemical Analysis testing, or ballistics
analysis.
Electronic Evidence: This includes any evidence that is
stored in electronic forms, such as emails, text messages, WhatsApp messages,
CDR, or digital photos.
Forensic Evidence: Forensic evidence includes
scientific evidence such as DNA analysis, ballistics, and toxicology reports.
This type of evidence is often used to establish a link between a suspect and a
crime scene or to prove or disprove a particular theory of the case.
Expert Evidence: Expert evidence is provided by an
expert witness, who is often called upon to explain complex technical or
scientific concepts to the court in a way that is easily understandable to the
judge.
Demonstrative Evidence: This includes any visual aids
used in a case, such as photographs, maps, charts, or diagrams. These aids help
to clarify complex information and make it easier for the judge to understand.
Testimonial Evidence: This includes any statements made
by witnesses, both in and out of court. Witnesses may be asked to testify under
oath and provide information about their observations or experiences related to
the case.
Circumstantial Evidence: This includes any indirect
evidence that implies a fact, without directly proving it. For example, if a
suspect is seen running away from the scene of a crime(i.e. animal cruelty),
this may be circumstantial evidence that suggests they were involved.
Hearsay Evidence: This includes
any statements made by a person who is not present in court and cannot be cross-examined.
Hearsay evidence is generally not admissible in court unless it falls under
certain exceptions.
CCTV Evidence: CCTV evidence is
evidence collected from cameras that are stationed to monitor premises. These
can be challenged, but prove to be valuable.
Confession: A Confession is a
statement made directly before a court or adjudicating individual by a person
about something they themselves have done. Police confessions in Pakistan are
usually not considered if the individual claims they made it due to police
brutality.
Medical Evidence: This is evidence that is usually supplied
with a medical report i.e. in cases of drug abuse or a second opinion in a
medical negligence case.
Physical evidence, such as fingerprints, DNA samples, and
other forensic evidence, is also commonly used in criminal cases in Pakistan.
This type of evidence can be used to establish the identity of a suspect, to
link a suspect to a crime scene, or to disprove alibis.
Handwriting Analysis: In cases
where the identity of a writer, or signatory (i.e. in matters of a signature in
a cheque fraud case) a handwriting expert’s report would be considered
evidence.
Geographical Evidence: Evidence that can prove the
whereabouts of an individual or an item. For example, in cybercrime cases, a
laptop can be traced by its IP Address.
Evidence related to Movement: Any
evidence that can prove the movement of an individual or item, i.e. a delivery
receipt or a flight record.
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