Sunday, July 24, 2011

Difference between Proof and Evidence

Definition of proof: The evidence or argument that compels the mind to accept an assertion as true.

Definition of evidence: The documentary or oral statements and the material objects admissible as testimony in a court of law.

Most people think that proof and evidence are the same concepts, but they are not. As stated supra, evidence is the material information that the court relies on to base the facts. Proof on the other hand is when the court decides if the evidence is proven or not. The evidence has to be in accordance to the law to prove a fact.

There are two different types of proof: prima facie proof and conclusive proof.

Prima facie proof is a fact that at first sight seems to be proven, but may later be disproven. Conclusive proof is proof that is indisputable, it is conclusive.

Responsibilities of an Investigator at the Mortuary

• The clothing of the victim (deceased) has to be described in detail and photographs have to be taken of each of the pieces of clothing.
• Other items found on the body (wallet, cell phone, etc.) along with the deceased’s clothing has to seized and given to the exhibit officer.
• The deceased’s blood must be drawn and in accordance to the exhibit officer’s prescribed manner be dispatched to the Laboratory.
• Under the supervision of the pathologist, photographs must be taken of the deceased’s body.
• If a body is unidentifiable, fingerprints must be taken from the body.
• Statements or particulars must be taken from ambulance drivers and of the drivers of the mortuary vans.
• Relatives must be taken to the mortuary to identify the deceased.
• In case there are many bodies, a video must be made and shown to relatives in groups in order to save time.