The right to review the state’s case is a critical form of protection for a defendant facing criminal charges. Under the right of discovery, the accused individual and their defense attorney can review the state’s evidence and prepare a defense strategy.
In some cases, there may be reason to question the accuracy and reliability of the prosecution’s evidence. For example, a crime scene where a violent offense occurred may have sat unsecured for hours or even days after an incident. A failure to properly secure a crime scene could lead to questions about the accuracy and reliability of evidence during criminal proceedings.
Contamination is a serious concern
The reliability of forensic evidence depends in no small part on the processes used to gather, store and analyze the evidence. There is always the possibility of outside parties tampering with or contaminating evidence and rendering it less reliable during criminal proceedings.
Police officers generally need to secure crime scenes as soon as possible to prevent outside parties from gaining unauthorized access. They also need to maintain fastidious records regarding where they find evidence and how they handle it. Issues with securing a crime scene or maintaining a thorough chain of custody regarding the evidence collected there could raise questions about the reliability of that evidence during a criminal trial.
Exploring different ways to undermine or eliminate the prosecutor’s evidence can be part of a comprehensive criminal defense strategy. Those accused of violent crimes and other offenses with a particular crime scene may want to look into law enforcement practices while preparing to take their case to trial.