Evidence 101
Evidence 101
Criminal Evidence
By Jim Goding
Having noticed a number of errors in handling evidence in several houses, and seen that a majority of Surveillance and Security officers have not had even basic training in the handling of evidence, I thought I would pass on, on an “Evidence 101” level, what I have been able to learn. This is not intended as a complete course in the handling of evidence, but as basic material to be used as a guideline by security officers, Surveillance investigators, execs in the Pit and Slots, as well as many others who could potentially be involved in an investigation or arrest.
Evidence Defined
That which shows or establishes the truth or falsity of something; proof; testimony. (Webster)
Evidence is the path by which disputed facts are proved to be true or untrue in any trial before a court of law or any agency that functions within the court system.
Purpose of Evidence
Evidence has one purpose, from our point of view: to safeguard the assets and liabilities of the casino and other parts of the corporation.
Its very secondary purpose is to ensure the successful prosecution of criminal activity.
The most successful handling of evidence in criminal cases results in a guilty plea by the suspect. This requires that the evidence be complete, clearly show the criminal in his actions, and above all be competently and completely documented.
Faults in the handling of evidence leave openings for defense attorneys to question the reliability of the evidence itself, its preservation, or the competency of those who gathered it. Such faults can even result in a prosecuting attorney declining to take on the case, resulting in the release of a criminal suspect.
There are four types of activities which require the maintaining of evidence:
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Summary
Correct handling of evidence is necessary for safeguarding the casino, its Surveillance and Security employees, in the event of criminal activity.
Correct documentation and preservation of evidence stops accusations of insufficient probable cause, false arrest, and other potential liabilities.
Finally, correct evidence handling prevents costly time spent in court, attorney fees and other legal costs, as correctly handled evidence will stop an opposing defense attorney from attempting to disallow evidence on the basis of incompetence, alteration or mishandling.
Reports, and the type of information required in a complete Surveillance report, will be covered more fully in a second article. A third article will cover the handling of evidence where the situation involves chiefly civil liability.
