In court, chain of custody documentation is presented by the prosecution to prove that the evidence is indeed related to the alleged crime and that it was in the possession of the accused. In an effort to establish a reasonable doubt about guilt, the defence looks for holes or mistreatment in the chain of custody, for example, to show that the object may have been fraudulently « placed » to make the accused appear guilty. The following is an excerpt from a state law dealing with chain of custody: The term chain of custody refers to the process of preserving and documenting the handling of evidence. This involves keeping a detailed record of who collected, processed, transmitted or analyzed evidence during the course of an investigation. The chain of custody process begins at the crime scene. To explore this concept, consider the following definition of chain of custody. For criminal prosecutions, a complete and completed chain of custody form is essential to resist legal challenges to the authenticity of evidence. The chain of custody requires that, from the moment evidence is collected, any person-to-person transmission of the evidence be documented and that it can be demonstrated that no one else would have had access to that evidence. It is best to keep the number of transfers as low as possible. The chain of custody process begins at the crime scene. A forensic investigator carefully examines the scene and takes detailed photos and notes for each piece of evidence found. These tips should include the following: The hash uses an algorithm to create a unique impression of the digital content.
When someone modifies the data, the algorithm creates a new hash that makes the manipulation visible. After backing up the data, the technician marks the hardware or device and locks it. To maintain the digital chain of evidence, anyone accessing the hardware must log in and out. In general, the discovery process is where a request to suppress evidence can be made if someone breaks the chain of custody. This trial takes place before the trial and involves the exchange of evidence between the prosecution and the defence. Discovery allows both parties to adequately prepare for the process. In all examples of chain of custody, the judge ultimately decides what evidence is admitted. While this is more often an issue in the criminal justice system, a chain of custody may also be necessary in civil cases, such as lawsuits due to motor vehicle accidents and medical malpractice. For example, victims of motor vehicle accidents caused by uninsured drunk drivers often have to sue the offending driver for damages in civil court. In such cases, the injured plaintiff must prove the defendant driver`s positive blood alcohol test after the accident. In order to prove the validity of this evidence, the plaintiff must prove that the defendant`s blood samples followed an unbroken chain of custody.
The lack of a satisfactory chain of custody could prevent blood test results from being considered evidence in court. In criminal and civil law, the term « chain of custody » refers to the order in which evidence was dealt with during the course of a case. Proof that an item has been properly handled throughout an unbroken chain of custody is necessary for it to be legally considered evidence in court. Although often unnoticed outside the courthouse, the proper chain of custody has been a deciding factor in high-profile cases, such as the murder trial of former professional football star O.J. Simpson in 1994. Chain of custody (CoC) in legal contexts is the chronological documentation or paper trail that records the sequence of custody, control, transmission, analysis and disposal of materials, including physical or electronic evidence. The concept is of particular importance in criminal matters, which is also used in civil proceedings and, more generally, in athlete doping testing and supply chain management, for example: improving food traceability or ensuring that wood products come from sustainably managed forests. This is often a lengthy process that is necessary for evidence to be lawfully presented to the court. However, with new wearable technology that allows for accurate, lab-quality results at the crime scene, the chain of custody is often much shorter, meaning evidence can be processed much faster for the court. 2. The term « chain of custody » does not include a person who has handled the substance in any way after testing it.
In practice, a chain of custody is a chronological written record that documents when, how, and by whom individual physical or electronic evidence – such as cell phone records – was collected, manipulated, analyzed, or otherwise controlled during the course of an investigation. Under the law, an item will not be accepted as evidence during the trial – not seen by the jury – unless the chain of custody is an unbroken and properly documented lead, with no gaps or discrepancies. To convict an accused of a crime, the evidence against him must have been meticulously processed to avoid tampering or contamination.