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1. What kind of evidence establishes the elements of the offense?

That depends on the offense. Often, documentary evidence is required. The nature of the evidence depends on the crime, but in all cases, original documents or certified copies are required. In credit card/debit card abuse cases, original receipts or computer records documenting the transaction are required. In instances where identifying information has been used, the original or certified document, completed by and upon which the offender used the identifying information, must be provided to the police.

2. What kind of evidence establishes the identity of the offender?

A witness or evidence must be obtained to identify or lead to the identification of a suspect. There are several means of establishing the identity of the offender. They are as follows:

• Positive identification of a suspect by a reliable witness. The witness must testify in any court proceedings.
• Positive identification of the suspect’s fingerprint impressions. Recorded (inked) impressions must have been made at the time of the offense in the presence of a witness.
• The video image of a suspect, committing the offense, with a supporting identifying document. A video image alone is insufficient. The video image must have sufficient resolution and clarity to clearly identify the offender. Additionally, the offender’s identity must be established by comparison with an identifying photograph (booking or driver’s license photo) or by a witness to whom the suspect is known by sight and name. The videotapes must be dated and time stamped reflecting the exact time and date the offense was committed.
• Written confessions made by suspects to a law enforcement agency. If the suspect confessed to the victim verbally or in writing, the suspect must also provide a confession to the police.