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Evidence 201 Civil Liability Guest and Employee Accidents, Misconduct By Jim Goding
In Evidence 101, I wrote about the strictest rules of evidence that we have to deal with, in handling criminal cases. In criminal cases, we must be able to prove “beyond a shadow of doubt” that a crime occurred and that the suspect is the person who committed it, at a very specific time and place. In order to do this, every piece of evidence must be established as to its origin and originator, and proven to be unaltered. This requires very strict handling of each piece of evidence, with a complete chain of custody established, no time or access to that evidence unaccounted for. The rules of evidence for civil cases are not as strict. Rather than “beyond a shadow of doubt,” the rules for civil liability cases work on the basis of preponderance of evidence. The bulk and quality of evidence on one side or the other determines the outcome of the case. The key words here are “bulk and quality.” You must also be able to show, however, that all of the evidence has been presented, and that none has been intentionally or unintentionally withheld or destroyed. This is the basis for one of the biggest problems in civil liability cases.
Approximately four pages of material have been deleted here. This article is now available only on a for-sale basis. To purchase this article, follow this link to the order forms: http://www.casinosurveillancenews.com/order_form_2.htm The article will also be included in the 2005 edition of Casino Surveillance Operations Manual. You may reserve your CD or hard copy by emailing consultant@casinosurveillancenews.com.
Copyright © 2005 by Jim Goding. All Rights Reserved. Unauthorized sale or distribution is a violation of law and of the proprietary rights of the author, and is actionable under law. To purchase this author’s materials, visit www.casinosurveillancenews.com |
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