Prosecutors need strong evidence if they hope to secure a conviction in a criminal case. There can be a variety of different evidence, ranging from video footage and witness statements to forensic evidence. Forensic evidence, in particular, has numerous critical rules that apply to it. After all, issues with contamination or tampering could undermine how trustworthy forensic evidence is.
Chain of custody records help establish what the state has done since locating physical evidence. If there are issues with chain of custody records, those concerns may have a direct impact on a defendant’s court strategy.
What are chain of custody records?
Chain of custody records are effectively official documentation affirming when and how police officers found evidence. Once they take it into state custody, the records must affirm where the state stores the evidence and who accesses the evidence for testing.
Maintaining thorough records can help ensure that the evidence is useful during criminal proceedings and that no one tampers with or mishandles the evidence. However, if there are gaps in the record, then there could be questions about the usefulness of that evidence during a criminal trial.
For example, if records don’t affirm exactly who had access to the evidence and what they did with it, police officers and forensic scientists could potentially mix up the evidence from one case with the evidence from another. There could also be reason to worry about contamination that affects the accuracy of test results. Chain of custody records help validate that evidence is reliable and that no one has interfered with it.
How do gaps affect defense strategies?
When there appear to be issues with chain of custody records, defense attorneys can point out those issues to the courts. A judge might agree to set aside evidence when there are issues with the chain of custody records.
Even if the courts allow for the use of potentially compromised evidence, expert witnesses could help convince jurors that the evidence is not the incontrovertible proof of criminal activity that the state claims it is. Evidence with gaps in the chain of custody is not as reliable as evidence with accurate documentation.
Defendants facing claims backed by physical evidence, such as , may need help assessing state records and preparing a strategy that can exonerate them when the case goes to trial. Reviewing records of how the state handles evidence with a skilled legal team can be an important part of developing an effective criminal defense strategy.