Time
2 hours 38 minutes
Difficulty
Beginner
CEU/CPE
3

Video Description

In this section we take a deep dive into the all of the different types of evidence. There are two main classes of evidence each with different degrees of strength when it comes to making a case in a court of law. The first type we examine is direct evidence. This type of evidence, which includes real and best evidence, is the most powerful and it alone is sufficient to prove a fact. It typically involves the five senses of a witness and as such, does not require supporting evidence to back it up. Real evidence is physical evidence. It's what's often referred to as the "smoking gun." The final form of direct evidence is what is known as best evidence. This is some of the most reliable evidence and usually involves something from the attacker such as a signed contract in its original state. We then discuss secondary types of evidence. These on their own aren't sufficient to prove a case, but are used instead as supporting evidence. Classes of secondary evidence consist of testimony from expert witnesses, corroborative evidence, circumstantial evidence, hearsay, and demonstrative or presentation-based evidence in the form of photos, maps, x-rays, and diagrams. We conclude this section by raising legal issues again. We note the important distinction between enticement such as using honeypots which were discussed in a previous section versus entrapment which is neither legal nor ethical.

Video Transcription

00:04
Okay, So when we're talking about evidence, we want to talk about the different types of evidence. Not all evidence is equal. So the first type of evidence we have is called direct evidence. And usually what we associate with direct evidence is witness testimony.
00:21
And it comes as a direct result of something
00:24
that they, uh, information that they obtained through their five senses. Something I've seen, something I've heard and so on.
00:32
Now we have really evidence in. That's the smoking gun.
00:36
Or that's the laptop used to commit the crime. It's, ah, those physical elements that were used as part of the crime. Almost almost always best evidence. So this is something directly from
00:52
the attacker or from Thehe Ledge. Dhe attacker will say, and it's something in its original state. So a signed contract, not a copy of the contract, but assigned
01:03
contract
01:04
Secondary evidence doesn't stand on its own, but it can be used to support things. So a forensics expert, perhaps, were a cryptography expert. Always think of Dexter, who was the blood splatter expert.
01:21
Corroborative evidence. Sorry, that was a little morbid. Corroborate corroborative evidence again is going to support the fact that it's not gonna, um, stand on its own saying with circumstantial evidence, Circumstantial evidence proves,
01:38
uh, something that could be used to suggest another. So, for instance, um,
01:47
I tell you how broke I am, and maybe I should just go rob a bank. And then tomorrow a bank near my house gets robbed. That's totally circumstantial, but it could lead up so not admissible on its own or doesn't prove a fact on its own. But it does. Support
02:06
hearsay is usually not allowed admissible.
02:08
So it's second hand. I heard that she heard
02:14
copies of documents are considered to be here saying, and that's very important as well. Because cop, usually we talk about computer evidence. You know, the originals in the ones and zeros. So when we do things like print out logs and files and e mails,
02:30
those may be considered copies. So we have to go to great lengths
02:35
to show that what we've collected and printed out hasn't been modified
02:38
art and then demonstrative evidence. These air your visuals, whether it's a map of the crime scene, X rays, diagrams, videotape, but they actually are the visual tools that we can help the jury experience what we've seen
02:59
now who does investigation law enforcement and frequently it's the Secret Service in the FBI. I've already mentioned that they need to be very careful about the violation of Fourth Amendment rights
03:13
when they're collecting evidence.
03:15
Now. When we talked about honey pots, I also talked about enticement, entrapment. It's certainly relevant here. And if you'll remember, that enticement is tempting a potential criminal. Where's entrapment? Is tricking someone into committing a crime? Enticement is legal.
03:36
Entrapment is not only not legal, but it's not really ethical as well.

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