Forensic Investigations
“Forensic”: “adjective belonging to courts of law, originally held by the Romans in the forum; used in law pleading; appropriate or adapted to argument; of or relating to sciences or scientists connected with legal investigations.”
Popular television shows and Hollywood movies have influenced perceptions of the field of forensic investigations, which is now often confused with other forensic disciplines (accounting, pathology, science or medicine). In a nutshell, a forensic investigation concerns itself with the science of gathering evidence in a manner that will allow such evidence to be presented to, and be held admissible in a court of law, be that of a criminal, civil or industrial nature.
The worst outcome for any court case is if key incriminating evidence is deemed inadmissible as a result of how that evidence was acquired and presented. It stands to reason, therefore, that the forensic investigator should be fully au fait with all the legal aspects of the forensic investigation that he is conducting, such as criminal procedure, industrial relations acts, crime scene protocols, decided cases, etc. as well as which evidence is admissible in the various courts. For example, certain evidence that is acceptable in a labour court is inadmissible in a criminal court.
Criminal Investigations:
The term “Criminal Investigations” relates to those incidents as contemplated in the Criminal Procedures Act. It is important to note that while a private investigator can lead evidence and affect an arrest in a criminal case, only a police officer can submit such a case to a criminal court. The ultimate objective of a criminal investigation is for the judge, magistrate or presiding officer to make a finding based on the term “beyond a reasonable doubt”.
Civil Investigations:
Civil investigations include the investigation of any set of circumstances that would be dealt with in a civil court. This would include recovery of bad debt, matrimonial issues etc.
Industrial Investigations:
Did you know that if you catch an employee red-handed stealing from you, you cannot dismiss him on a charge theft? Why? Because only a criminal court has the authority to find somebody guilty of theft. You can, however, dismiss the employee for a breakdown of trust. The Labour Law is a veritable minefield to most uninitiated employers. Unions on the other hand make it their business to know labour legislation backwards. Before attempting an internal investigation, employers should seriously consider employing the services of a professional investigator with a keen understanding of the appropriate legislation.
Private Investigations:
Unlike a forensic investigation, the objective of a private investigation is not necessarily to gather evidence to present to a court. The objective is to collect and examine information and establish clarity on the facts surrounding an incident, or set of circumstances, for presentation to a client. While the level of professionalism should not vary, it stands to reason that a private investigation is not restricted by the legal implications of presenting evidence that is admissible in court. A private investigation is normally recommended when the client wishes to resolve a particular problem, but does not wish to seek legal recourse
