As a defendant in a criminal trial, you are presumed innocent unless the prosecution proves otherwise. The burden of proof is in their hands, and ensuring the integrity of their evidence is crucial.
A critical factor in making sure evidence is trustworthy is the chain of custody. Why does it matter, and how can it affect the outcome of your case?
Steps in the chain of custody
The chain of custody is the documentation that tracks the chronological progress of evidence from the time of its discovery at a crime scene until it’s presented to the court during the trial. There are several steps in the process:
- Collection: The evidence is identified, gathered and recorded while still at the scene
- Labeling and documentation: The evidence is tagged and logged with a detailed description to prevent mix-ups
- Transfer: The movement of the evidence between parties, such as law enforcement to forensics
- Storage: The evidence is securely stored where it’s protected from tampering and degradation
- Presentation: The evidence is presented in court, along with documentation to prove its integrity
Errors in any of these steps can be a reason to doubt its validity. If there are mistakes in the chain of custody, the defense team can use them to their advantage, such as:
- Deeming it inadmissible in court, so it can’t be used to support the prosecution’s case
- Introducing doubt into the prosecution’s case by highlighting that the evidence is unreliable
- Allowing the defense team to direct the court’s focus to other theories or to argue that there is insufficient proof for a conviction
If you or someone you know has been charged with a violent crime, then you will want a legal professional who has the expertise to examine every aspect of the evidence, point out any errors and build a strong defense.