These four characteristics of evidence provide a

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Unformatted text preview: t matter so they can help the judge and jury better understand the matters of the case. Hearsay Evidence Hearsay evidence pertains to oral or written evidence presented in court that is secondhand and has no firsthand proof of accuracy or reliability. If a witness testifies about something he heard someone else say, it is too far removed from fact and has too many variables that can cloud the truth. If business documents were made during regular business routines, they may be admissible. However, if these records were made just to be presented in court, they could be categorized as hearsay evidence. The foundation of admissibility is based on the following items: • Procedures for collecting and maintaining evidence • Proof of how errors were avoided • Identification of custodian and skill set • Reasonable explanations for • Why certain actions were taken • Why specific procedures were bypassed It is important that evidence be authentic, complete, sufficient, and reliable to the case at hand. These four characteristics of evidence provide a foundation for a case and help ensure that the evidence is legally permissible. For evidence to be authentic, or relevant, it must have a reasonable and sensible relationship to the findings. If a judge rules that a person’s past traffic tickets cannot be brought up in a murder trial, this means the judge has ruled that the traffic tickets are not relevant to the case at hand. Therefore, the prosecuting lawyer cannot even mention them in court. For evidence to be complete, it must present the whole truth. All evidence, even exculpatory evidence, must be handed over. ch10.indd 900 12/4/2009 11:39:13 AM All-in-1 / CISSP All-in-One Exam Guide, 5th Ed. / Harris / 160217-8 Chapter 10: Legal, Regulations, Compliance, and Investigations 901 For the evidence to be sufficient or believable, it must be persuasive enough to convince a reasonable person of the validity of the evidence. This means the evidence cannot be subject to personal interpretation. Sufficient evi...
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