In legal practice, the chain of custody pertains to a chronological paper trail containing when, how, and by whom items identified as physical or electronic evidence (cell phone logs, for instance) were collected, analyzed, and handled during an investigation. According to the law, any item cannot be accepted as a piece of evidence during the trial, unless the chain of custody remains unbroken and properly documented—all without discrepancies and any gaps.
The Importance of the Chain of Custody
Successfully convicting a defendant of any crime requires solid evidence against them, but such items must be handled meticulously to avoid any tampering or contamination. During the trial, the chain of custody documentation shall be presented by the prosecution to prove if the evidence is indeed part of the alleged crime. To establish reasonable doubt of guilt, the defense is free to look for holes or any act of mishandling in the chain of custody. For instance, they may try to claim that an item was fraudulently “planted” to frame the accused.
How to Properly Handle the Chain of Custody
Due to its sensitive nature, proper handling of evidence is tantamount. Here are some tips to proper evidence management:
1. Document Everything
Documentation is vital to the chain of custody, but make sure that your records contain both the chain and custody. Unfortunately, many individuals in the industry overlook the importance of creating detailed documentation. Countless amounts of evidence end up being dismissed due to poor handling and many more get lost during the process.
To ensure that the documentation process does not get overlooked, consider adding new, detailed procedures—a checklist, for instance, can ensure proper tracking of all evidence currently at hand.
2. Ensure That the Integrity of Evidence Remains Intact
The next step after documentation is keeping the evidence safe. Sensitive evidence, for instance, requires special care and consideration, especially if they are biomedical materials. Firearms, money, and narcotics also fall into the category, as these are considered high-liability.
To keep the evidence safe from any tampering or contamination, keep them stored in areas with proper ventilation and temperature controls. By doing so, you reduce the risk of degradation and oxidation that may hamper any evidence from being useful in court.
3. Consider Automating Processes
As we progress further into the digital age, consider shifting to automated practices. Doing so will ensure evidence environments remain safe and secure. The demand for smart evidence lockers has already increased, but further automation should be considered. A police evidence management software, for instance, can allow an agency to implement centralized logging. This will eliminate the tedious tasks of documentation, which is the most overlooked aspect of the chain in custody.
With an evidence management system in place, the lockers will be able to collect information on the evidence deposited, the condition, and when they have been removed.
Protect the Chain of Custody with PMI Evidence Tracker™
Remember that the risk of breaking the chain of custody is real and irreversible. The evidence is vital to the outcome of the court proceedings and if the chain of custody is broken, even the most vital forms of evidence will be considered worthless under law. With these tips in mind, however, you reduce the risk of breaking the integrity of any form of evidence. Remember: document well, protect better, and automate for the best possible outcome.
If you’re looking for evidence tracking software, we offer the best in the market. We have been providing high-quality, reliable evidence tracking solutions since 1984, and we take pride in the products and customer service we provide. Reach out to us now for more information!