Author: Tracey Young. (March 3, 2021). Investigations – Part 2: Evidence: Gathering Different Types of Evidence Through Investigation.
C4D Canadians 4 Democracy. Retrieved from:
https://c4d-canadians4democracy.blogspot.com/2021/03/investigations-part-2-evidence.html.
Introduction
The primary reasons for conducting many types of investigations is to gather evidence. In this article I will provide an overview of different types of evidence; how to create an evidence-gathering work plan; and some resources for people to do deeper dives into collecting evidence. I will also provide some tips for documenting and organizing your evidence as you collect it, and cyber-security considerations to protect evidence gathered during investigations.
Evidence Collection Work Plan: List of Documents
When conducting investigations of any sort, I typically start with brainstorming what kind of evidence I might need to collect. I also might create a work plan to increase the efficiency and focus of my investigation.
List of Documents: I will often create a list of documents to guide my evidence gathering as it helps me stay on task, be focused, and more organized as I conduct investigations. I also use Things to Do lists for the same reason.
Parking Lot: It isn't uncommon to come across other evidence and sources I want to take a look at, so I create PL's where I can place this information so it doesn't disrupt my work flow when reviewing specific evidence.
One of my first steps is to identify what organizations might have the evidence and records I am interested in collecting. I will then be able to research their websites to see what records are available in the public domain. This is called, "Open Source" information, or data. Some of this could be in the form of reports; meeting minutes; motions that are passed by a board, or a city council.
I will identify if I need to file formal written Freedom of Information (FOI) requests to obtain records that are not available to the public. This is a formal, written process that is guided by legislation, and particular timelines that public bodies and other organizations must follow. FOI's take time, and can sometimes be challenging depending on the organization you're dealing with, and the sensitivity of the information and records you're requesting.
Types of Evidence: Audio-Visual and Written Records
Audio: Recordings that have been made of a specific interaction, or situation.
Documentary: Written or "paper" records, including reports, handwritten or typed notes; correspondence, such as letters, emails and faxes; text messages; comments on social media posts.
Government records: These can be public, such as reports; open source data and information releases; service plans; meeting minutes for council meetings, or other government committees and decisions made.
Legal: Police records; investigation reports; forensic evidence that has been collected at a crime scene.
Legislation: Laws that are relevant if you are conducting an investigation related to a specific situation, or complaint.
Medical and Health Care records: Written, or electronic patient chart information and clinical notes; written correspondence, such as letters, referral documents, consultation notes from treating physicians, specialists and other health care professionals, and emails.
Photographs: Pictures of crime scenes; accidents; injuries; locations, or other relevant visual information.
Policy: Insurance policies that outline terms of the agreement. Government and organizational policy records that are supposed to be used to guide the behaviour and conduct of people who work for, or represent them.
Reports and submissions: Reports that have been made on specific topics. Submissions made to public consultations, or for other purposes.
Statistical: Data and information and research; graphs and charts; infographics; and any other way to visually present statistics.
Video: Visual evidence of a specific interaction, or situation. Security camera footage has been playing an increasingly important role in legal cases.
Witness account or statement of events: Someone directly witnessed, or was involved in the situation under investigation.
Tips for Securing Evidence
Chain of custody
- A chronological documentation of the handling of evidence throughout a criminal investigation. This refers to meticulously documenting dates, times, names, and storage locations/addresses (and other details) for how evidence moves from one place to another.
- Integrity of evidence can be a huge issue in legal cases. Evidence integrity can be seen as the overall accuracy, completeness, and consistency of the data and information, and evidence you have collected.
Criminal and forensic investigations: If you are investigating a crime, or anything that may involve court (forensic), you need to be very careful in how you manage the evidence you are collecting. As an investigator, you must carefully document the details about how you came to have this evidence in your possession, which is referred to as "custody".
The following is what you will need to store evidence:
➤ A secure, safe place to store your evidence where others' cannot access it.
➤ A log to document evidence you collect. This could be a written log book, or an electronic one (ensure you back up the latter).
➤ A file folder to collect and store the evidence.
➤ Electronic and/or digital storage capacity, such as computer file folders; thumb drives; hard discs; and/or external drives.
Back Up Evidence
You always want to back up any documentary, audio, or visual evidence you collect offline. An external hard drive; thumb drive; or even hard disc are ways to do this. You may even want to create multiple back ups, in case your computer is not accessible, or if it gets hacked and evidence collected is removed, stolen, or altered.
Identifying and Labeling Evidence
The best way you can approach this is think about being as clear and straightforward as possible. Consider this question: If someone else were to come across this evidence, would the information I'm using to label it make it clear what it is, and what other important details are needed to support the integrity of the evidence.
➤ Date and time you collected the evidence.
➤The address and location you collected the evidence from.
➤ The full legal name and contact information of the person who gave it to you, or how you obtained the evidence (source).
➤ Label the type of evidence you have collected. Ie. "Notes from interview with Full Legal Name on Date from X-Y time at Location/Address."
➤ Identify the online source and include the full website page name; URL for the website. See below under 'References'. I use APA format for documenting my sources, but there may be a different method that is more suitable in your situation.
Security of Evidence
- Cybersecurity and IT security of your network, computer and other devices is absolutely key. Cyberespionage, hacking, and other cyber-crimes are among the most common crimes that are occurring these days. This is particularly challenging when you are conducting highly sensitive investigations.
- Working offline may be a good option when reading and collecting information contained within specific records.
- Cloud-based storage, such as using Dropbox, Google Drive, One Drive, or any other online storage is something to be used with extreme caution for storing evidence.
- The only materials I typically store in cloud-based storage are publicly available records and research that I might refer to while writing reports, articles, submissions, or other things.
- Download and store evidence, such as records, reports, audio, or visual data and information and store them securely if they are, or might be relevant to your investigation. Things disappear online. Censorship is rampant. Public reports, or media stories disappear quickly. Download and back it all up.
References
Legal Dictionary. Chain of Custody. Retrieved from:
https://legaldictionary.net/chain-of-custody/.
Copyright © 2021.Tracey Young/C4D Canadians4Democracy. All Rights Reserved.
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