A chain of custody in criminal law refers to the history of a particular item of evidence. The police should be able to account for every movement a given item makes, from collection through to presentation in court.
The reason this is so important is that evidence can carry a lot of weight in a criminal case. A defendant could be wrongly convicted on the strength of evidence if the chain of custody was broken.
How do errors creep into the chain of custody?
Errors over evidence can creep into a case in several ways. In many cases, problems with the chain of evidence come down to nothing more than simple human error. People – including law enforcement officers, forensic examiners and others involved in the case – simply make mistakes.
Examples of how errors can occur include:
- Improper labeling: Two people’s alcohol test results get mixed up in the lab because the person labeling them got distracted. A sober driver could end up being found guilty of being drunk in such a case.
- Improper storage: Not everyone can be allowed access to evidence. If anyone can walk in and access it, it creates an opportunity for people to tamper with that evidence. Another reason proper storage is so crucial is to avoid cross-contamination.
- Improper transit: Items of evidence could get lost in transit. A piece of evidence that would have helped clear your name could be lost due to carelessness, weakening your defense.
If you believe there are issues with the chain of custody of evidence being used in your case, then it’s important to learn more about how you can challenge that evidence’s validity.
