When is chain of custody used

Each sample or piece of evidence must be assigned its own sheet of documentation. One a surface level, the details required for this documentation may initially seem to be more straightforward than they really are. Collection is in many ways the easiest part of the process, as the documentation will then need to demonstrate every transmission, from the moment the evidence was collected and sealed to when the evidence reached the courtroom for further examination.

Each time evidence is handed off to another expert for analysis or study, it must be proven that no parties outside of the chain of custody had any access to this evidence without proper authorization. Courts do not limit the number of transfers in relation to evidence, as forensic evidence must often be tested and analyzed scientifically. However, it is still critical to keep the number as low of transfers as possible to avoid any potential issues.

When we think of a chain of custody in terms of legality as it applies to forensic evidence and serious court cases , the concept is very much critical — as the evidence that is provided by the means of the chain of custody documentation process can mean life or death for those who have been accused of crimes in court.

However, when we think of the multitude of businesses than enable us to enjoy our food supply, the chain of custody documentation associated with such businesses can also be as severe as life the difference between life and death. As companies cam use a quality control chain of custody system to aid in the development, creation, and distribution of products, lives can effectively be saved as well.

Were it not for chain of custody documentation in regards to the food industry, lives could be lost to simple illnesses such food poisoning, as expired foods would remain on store shelves without proper notice. In this way, chain of custody documentation is of the utmost importance to virtually every business throughout the country, as such documentation allows for businesses to not only track and identify potential issues during the course of their operations, but provide remedies for these issues as well.

Chain of custody documentation allows for businesses to operate in the most effective and efficient manner as possible, as the documentation can give employees and professionals alike the information they need to complete their job functions at the highest level. Without proper chain of custody documentation, many businesses would be adversely effected, if not outright fail overnight. As such, it is important that consumers are aware of the ways in which chain of custody documentation impacts every corner of the business world as opposed to simply the legal system.

There is some urgency in learning and understanding the scientific methods involved in evidence collection and forensic testing. Not only is forensics now facing public scrutiny, but labs are dealing with scandal as many wrongful convictions have been discovered based on junk science.

For anyone involved, investigators or attorneys, a basic understanding of the fingerprint collection process, how they are located and lifted, can help everyone recognize inaccurate or faulty science in the results.

If there is a need to cross-examine a crime scene specialist or as a witness to answer questions, an understanding of the techniques of locating, lifting, and identifying fingerprints is essential. To make the evidence more valuable to your case, while you should collect all the evidence available, focusing on the types of evidence that science can prove as fact versus a subjective opinion is far more precise.

Successful child victim interviews are not easy to achieve. While it may have been handled correctly during the forensic process, if the evidence is then handed to the Court in a way which then leaves it open to alteration, perhaps by altering the timestamps or metadata associated, it may then be damaged.

To maintain the chain of custody, digital forensic experts are well-practiced in the use of contemporaneous notetaking, enabling them to document the processes undertaken and recreate the results they have achieved.

In addition to taking contemporaneous notes, digital forensic examiners use a variety of best practices to preserve the chain of custody, including:.

The digital chain of custody is front and centre of every action taken by digital forensic specialists. They understand that days or weeks of intensive forensic work can be thrown away if they miss a step in the process or fail to ensure the integrity of the evidence they have worked so hard to find, analyse, and document.

Much in the same manner that safety is paramount to aircraft engineers and doctors, integrity is always in the minds of digital forensic examiners. By doing so, they ensure that cybercriminals do not get away with the damage and chaos they leave behind, and they face the full weight of the justice system.

Lineal provide bespoke solutions to complex client problems, giving them full confidence in the process and the delivered outcome. We operate at the cutting edge of digital forensics, cyber security and eDiscovery technology, using our expertise to exceed client expectations and operate within budget and tight timeframes. Digital forensics has been a core offering since Lineal began.

We are industry leaders in recovering digital evidence in a forensically defensible manner. We continually invest in technical infrastructure and forensic software giving our clients the confidence their project is being managed with the latest equipment and technology.

In turn, a typical defense strategy is to attack the sufficiency of the prosecutor's chain. If the defense succeeds in preventing the prosecutor from offering an exhibit into evidence, the judge might rule that the prosecutor has insufficient evidence to allow a case to continue.

That determination rests on how crucial the piece of evidence is to the case. For example, assume that Hy Immer is on trial for possession of cocaine. To prove Immer guilty, the prosecutor must establish that what Immer possessed was in fact cocaine. The prosecutor offers into evidence the packet of powder that a police officer removed from Immer's pocket.

The prosecutor also offers evidence that scientific testing proved that the powder in question is cocaine. To establish the chain of custody for the packet, the prosecutor has to:. Immer's attorney can challenge each and every step in this foundation, but probably won't get far without some kind of indication that there was some kind of irregularity in the seizure-storage-testing-transportation process. If the prosecutor cannot convince the judge that the foundation is adequate, the judge will rule the packet inadmissible and, in all probability, dismiss the case.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. To the prosecution in criminal cases, a complete and properly completed Chain of Custody Form is essential in withstanding legal challenges to the authenticity of the evidence.

While more commonly an issue in the criminal justice system , a chain of custody may also be required in civil cases, such as lawsuits arising from impaired driving incidents and acts of medical malpractice.

For example, victims of traffic crashes caused by uninsured drunk drivers must often sue the offending driver for damages in civil court. Lack of a satisfactory chain of custody could prevent the blood test results from being considered as evidence in court.

Similarly, in medical malpractice cases, medical and hospital records handled through an unbroken chain of custody must be introduced as evidence. Apart from crime scene investigations and civil lawsuits, some clinical areas in which a well-maintained chain of custody is important includes:. A chain of custody is particularly important in environmental sampling to establish accountability for contamination and the accidental release of hazardous waste. Actively scan device characteristics for identification.

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