Many things including trials, convictions, and pleas (just to name a few) all rely on evidence. Basically, I am trying to say that evidence is what keeps criminals off the streets and our communities safer. Considering how important evidence is, obviously a rigorous process is required before it can even be admitted into a trial. That is where the Federal Rules of Evidence and States’ Rules of Evidence come in. But as far as the safekeeping of the evidence is concerned, that is where we as criminal justice professionals come in.
The definition for chain of custody is as follows, “A process used to maintain and document the chronological history of the evidence” (Peace-officers.com Website, 2006). The document (paper trail) is used to show the individuals who seized, had custody or control over, transferred, analyzed, and disposed of the evidence. The document “should include the name/initials of the individual collecting the evidence, each person or entity subsequently having custody of it, dates the items were collected or transferred, agency and case number, victim’s or suspects name, and a brief description of the item” (Peace-Officers.com Website, 2006).
Obviously the real evidence needs a paper trail from collection until trial. Actually, the evidence needs an accurate paper trail. Otherwise, the defense can challenge the evidence. They can maintain that the evidence was tampered with. The defense could even say that the evidence in the courtroom is not the actual evidence collected from the scene. But just because the paper trail is accurate and reliable, there still could be another problem, the “maintenance” of the evidence.
The defense can say that the items have been tampered with or even switched. “The challenge could be upheld because of the evidence’s poor packaging, maintenance, or preservation; inadequate refrigeration; or biological spoilization” (Nemeth, 2001). For the sake of this investigation I will list the typical protocol for tape evidence. The machine used to record the telephone calls makes three copies. One is the original, the second is the duplicate original, and the third is the working copy. All three copies are to be initialed by the individual who removes the tape from the recorder. They also write the case number, date, and shift, as well as the names of the monitors present. Once the tapes are finished they are placed in envelopes and sealed. The evidence is then taken to a place for safekeeping.
The basic premises of the evidence is that it is the original and it has not changed (Nemeth, 2001).But, you also have to be able to prove those basic aspects. It can not be stressed enough to keep the chain of custody accurate as well as the evidence maintained.
Just remember too much information is better that not enough.
Reference List:
Peace-Officer.com, 2006. Chain if Custody. Retrieved August 27, 2006 from http://peace-officers.com/content/glossary/def-chain.shtml
Nemeth, C.P., 2001. Law & Evidence: A Primer for Criminal Justice, Criminology, Law, and Legal Studies. Prentice-Hall, Inc., Upper Saddle River, New Jersey, 07458.
