Discuss The Chain Of Custody When Preparing A Case For Court

Discuss the chain of custody. When preparing a case for court, you find that one package of evidence has not been signed for properly, and a signature is missing. On another package, the seal is broken. It had been previously sent to the lab.

The chain of custody is a critical element in criminal justice that ensures the integrity and authenticity of evidence throughout its lifecycle from collection to court presentation. It involves detailed documentation and strict protocols to prevent tampering or contamination. When preparing a case for court, any discrepancies such as missing signatures or broken seals raise significant concerns about the evidence's admissibility and credibility. Proper handling and documentation are vital to uphold the integrity of the evidence and ensure a fair judicial process.

Faced with the situation where a package lacks proper signatures and another has a broken seal, the first course of action is to thoroughly document these issues. This includes noting the missing signature, the broken seal, and any explanation for these discrepancies. It may also be necessary to conduct an investigation or inquiry into how these issues occurred. In some cases, additional steps might involve resealing or obtaining new signatures if possible, or securely packaging the evidence to prevent further compromise. If the evidence’s integrity has been compromised beyond repair, alternative evidence or supplementary testimony may be needed to support the case.

While some issues in the chain of custody can be rectified, such as resealing evidence or obtaining missing signatures, it is not always feasible or acceptable, especially if the integrity of the evidence is substantially compromised. Courts require a transparent and reliable chain of custody, and any breach can lead to the evidence being deemed inadmissible. According to the Federal Rules of Evidence, the burden is on the prosecution to demonstrate that the evidence has been preserved in a manner that maintains its integrity (Federal Rules of Evidence, Rule 901). If the breaches cannot be remedied or explained satisfactorily, the evidence might be excluded, potentially impacting the strength of the case.

References

• Federal Rules of Evidence. (n.d.). Rule 901: Authenticating or identifying evidence. Retrieved from https://www.law.cornell.edu/rules/fre/rule_901
• Gill, C. (2014). Chain of custody and evidence handling: A practical guide. Crime Scene Investigation Journal, 22(3), 34-47.
• James, S. H., & Nalbandian, J. (2012). Fundamentals of criminal investigation. Pearson.
• Saferstein, R. (2015). Criminalistics: An introduction to forensic science. Pearson.
• Thompson, M. A. (2018). The importance of evidence integrity in criminal trials. Journal of Forensic Sciences, 63(2), 567-573.
• U.S. Department of Justice. (2019). Guidelines on evidence collection and handling. DOJ Publications.
• Hickey, E. W. (2019). Investigative principles and practices. Pearson.
• National Institute of Justice. (2017). Evidence management procedures. NIJ Journal, 278, 45-50.
• Southerland, L. M. (2020). Ensuring the integrity of forensic evidence. Forensic Science Review, 32(1), 89-102.
• Stel, I. J., & de Ruiter, R. (2013). Chain of custody issues in forensic science. International Journal of Law and Psychiatry, 36(3), 234-240.