Oral evidence is testimony of a witness visual or

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Unformatted text preview: m personnel may provide the evidence of such monitoring to law enforcement officials. This explicit warning strengthens a legal case that can be brought against an employee or intruder, because the continued use of the system after viewing this type of warning implies that the person acknowledges the security policy and gives permission to be monitored. Evidence has its own life cycle, and it is important that the individuals involved with the investigation understand the phases of the life cycle and properly follow them. ch10.indd 898 12/4/2009 11:39:12 AM All-in-1 / CISSP All-in-One Exam Guide, 5th Ed. / Harris / 160217-8 Chapter 10: Legal, Regulations, Compliance, and Investigations 899 The life cycle of evidence includes • Collection and identification • Storage, preservation, and transportation • Presentation in court • Return of the evidence to the victim or owner Several types of evidence can be used in a trial, such as written, oral, computer generated, and visual or audio. Oral evidence is testimony of a witness. Visual or audio is usually a captured event during the crime or right after it. Not all evidence is equal in the eyes of the law, and some types of evidence have more clout, or weight, than others. The following sections quickly describe the different ways evidence can be categorized and valued. Best Evidence Best evidence is the primary evidence used in a trial because it provides the most reliability. An example of something that would be categorized as best evidence is an original signed contract. Oral evidence is not considered best evidence because there is no firsthand reliable proof that supports its validity, and it therefore does not have as good a standing as legal documents. Oral evidence cannot be used to dispute a legal document, but it can be used to interpret the document. Secondary Evidence Secondary evidence is not viewed as reliable and strong in proving innocence or guilt (or liability in civil cases) when compared to best evidence. Oral evidenc...
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This note was uploaded on 06/01/2013 for the course NET 125 taught by Professor Hurst during the Fall '12 term at Wake Tech.

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