Scene of Accident Specific information pertaining to the scene of the accident should be given, as follows: 1. Weather conditions: rain, sleet, snow, ice, or fog; strong or weak daylight; dusk, dark, or blackout. 2. If the accident occurred during the hours of darkness, what lights were in use on each vehicle, and the nature and adequacy of local street lighting. 3. Type of pavement-concrete, asphalt, brick, gravel, dirt, etc. Type of highway shoulder, if pertinent, and the condition of the road surfacerough, dusty, muddy, slippery; packed or loose snow: dry or wet ice, etc. 4. Windshield visibility, indicating whether each windshield was clean, dirty, or cloudy. Presence or absence of windshield wipers, and whether they were working (if weather conditions required wipers). 5. Obstructions to the view from any involved vehicle, such as buildings, trees, hedges, parked or moving vehicles, or curves. Measure and note the distance (from the scene of the accident) from which each driver should have been able to see the other vehicle. 6. Whether the vehicles were on their side of the road; in the case of a multiple-lane highway, whether they were in the inner or outer lane; and, in the event of a turn, whether they were in the proper lane. Whether lanes or centerline were marked on the highway, and whether there were "No Passing" signs or lines on the road. 7. The point of contact on each vehicle, and the distance traveled after the first contact. 8. Signs of any skid or tire marks, and their location and length. 9. Width of pavement of street, or road, and width of shoulders, if pertinent. 10. Traffic signals and signs, pavement markings, and through streets. 11. Angles of street intersections. 12. Traffic conditions at the time of the accidentlight, average, heavy, or nonexistent, except for the vehicles involved. 13. Mechanical condition of the vehicles' brakes, lights, horns, etc. 14. What effort, if any, the drivers made to avoid the collision. 15. Whether any driver was under the influence of liquor or drugs, and, if so, the facts to justify such a conclusion. Also, whether such influence contributed to the accident or incident. 16. Whether public liability and property damage insurance was carried on any privately-owned vehicle involved, and, if so, the name and address of the insurance company. Standard Form No. 91 must be filled out by the operator of the Government vehicle, and it must be submitted with the report of the accident. Obtain from the driver of the vehicle a signed statement concerning the accident for inclusion with the shore patrol report. Accidents to Private Vehicles When service personnel are injured or killed in an accident involving private vehicles, substantially the same information as indicated in the preceding paragraphs must be obtained, and the report must be prepared in the same form. The Shore Patrol is usually charged with the investigation of all accidents in which service personnel are injured, when the accident occurs outside the limits of a command. It is impossible to prepare an outline listing all the information required for an accident not involving vehicles. Gather all the facts concerning this type of accident. Generally, your first concern will be witnesses -get their names and addresses. Note everything that might have any bearing on the accident. QUIZ 1. What are the more important points to remember when you are called upon to investigate an offense or accident which involves Government property or service personnel? 2. What is evidence?\ 3. What three preliminary steps should you take if called upon to handle a serious case? 4. Of what two elements does every crime consist? 5. What is a misdemeanor? 6. Define a felony. 7. What is standard Government Form 91 used for? 8. What are some of the important things to remember when making a written statement concerning an offense or accident? 9. What is the purpose of the suggestions listed in chapter 6, entitled “Testifying in Court”? 10. What is the main advantage to be gained by a shore patrolman when he takes time to review a case before appearing in court? 11. What are some "don'ts" to remember when you are interrogating a witness? 12. Who assumes responsibility for the preservation and identification of physical objects found at the scene of a serious offense or accident? 13. Explain why physical objects at the scene of an offense or accident should not be moved or handled unduly. 14. Is the Shore Patrol responsible for the investigation of all accidents in which service personnel have sustained injuries? 15. Define entrapment. 16. When would a shore patrolman be justified in delaying the submission of his report on a serious offense or accident? CHAPTER 7 EVIDENCE The Shore Patrol should understand what will be considered as acceptable evidence and, accordingly, will be admitted in any judicial proceeding. A working knowledge of this subject will help the patrolman in gathering and preparing any reports or data for submission to the prosecution (trial counsel); it tends to make him a better witness; and it enables him to further the ends of justice (military or civil). DEFINITIONS Certain basic terms or expressions should be understood by the patrolman. Evidence is any data offered as proof of an act, or omission of an act at the trial of an issue. This evidence is presented by parties, witnesses, records, documents, concrete objects, or the like, for the purpose of inducing belief in the minds of the court concerning the matter. Evidence is divided into three general groups: (1) oral evidence, which is also called testimony, and which is given by word of mouth by the witness; (2) documentary evidence which (in general) includes letters, books, printed matter, charts, photographs, etc.; and (3) real evidence, which may consist of such articles as maps, models, diagrams, weapons, or stolen articles. In general all evidence that is not oral or documentary is classed as real evidence. Some of the above terms need more explanation in order to more clearly understand them. This chapter will give more information about the different kinds of evidence. RULES OF EVIDENCE All of the civil and military courts of the United States are legally compelled to decide cases on the evidence (and) only on the evidence) presented by the parties in open court. There are certain rules which govern what facts may be presented in evidence and how they are introduced. These rules have been developed over a long period of time, actually several hundred years. Their purpose is to direct and control the use of evidence (facts) by the courts in the administration of justice; to insure that all trials will be speedy, fair, and impartial. It has been aptly stated in many well known cases that "trials” are conducted so that the truth may be known. Admissible Evidence Admissible (competent) evidence primarily must be material and relevant to the case. Now let us see what is meant by material and relevant. Evidence is not material when the fact which it tends to prove is not part of any issue (point) in the case. Evidence is not relevant when it is too remote or farfetched to have some probative (proof) value, even though the fact which it is intended to prove is material. For example, A sued B, proprietor of a retail store, for injury sustained in a fall on the floor of the store in the morning. A offered testimony that there was water and trash on the floor of the store at closing time, the evening of the day on which the accident occurred. This testimony was inadmissible, since it was too remote to indicate the condition of the floor in the morning at the time of the accident. Direct and Circumstantial Evidence Evidence falls into one of two classes: direct or circumstantial. Direct evidence tends straightforwardly to prove or disprove a fact in issue; circumstantial evidence tends only to establish a fact or circumstance from which, |