What is the chain of custody Brainly?

Chain of custody refers to the documentation that establishes a record of the control, transfer, and disposition of evidence in a criminal case. Evidence in a criminal case may include DNA samples, photographs, documents, personal property, or bodily fluids that were taken from a defendant or discovered at the scene of an alleged crime.

To prove someone guilty, a prosecutor must prove that the evidence presented in court is the same evidence that was recovered at the scene of an alleged crime. They must be able to show that the evidence was handled properly and was not contaminated or tampered with. If law enforcement does not properly handle evidence, the evidence can be challenged on the grounds that it was tampered with, that test results are faulty or inaccurate, or that evidence was planted at the scene of a crime.

Because criminal prosecutions rely on evidence gathered by police officers, it is typically prosecutors who must establish chain of custody.

Proving chain of custody can be difficult. If law enforcement does not do it correctly, chain of custody can be successfully challenged in a criminal case. Challenging chain of custody can be a successful defense strategy to eliminate evidence that might be used to convict a defendant.

A defense lawyer who successfully challenges the chain of custody can ask to have evidence declared inadmissible. If the judge finds that certain evidence is not admissible, the prosecutor might not have enough evidence to continue with the case.

Why Is Chain of Custody Important in a Criminal Case?

When deciding whether a defendant is guilty, judges and juries evaluate cases based on the evidence presented in court. They are not permitted to conduct their own investigations. Allowing judges or juries to base their decisions on evidence that is tainted, unreliable, or has been tampered with would undermine the integrity of the judicial system.

Chain of custody issues are particularly important in cases involving drugs, guns, or samples that have been tested for the presence of drugs or alcohol to prove intoxication. To prove chain of custody, prosecutors must present documentary and testimonial evidence to establish that the item presented at trial is the same item that was in the possession or taken from the defendant.

In a typical case, a police officer will collect evidence at the crime scene and give it to a forensics technician. The technician analyzes the evidence, for example, by testing a blood sample for the presence of alcohol or other intoxicating drugs, collecting fingerprints, or verifying that a substance collected at the scene is, in fact, an illegal drug. The forensic technician must document any tests that were performed on the evidence. When he has finished testing the evidence, he turns it over to an evidence clerk, who stores the evidence until it is needed for another test or to be presented at trial.

What Is Included in an Evidence Log?

To prove chain of custody at trial, law enforcement must be able to identify, at all times in the chain of custody, a particular person who is in control of a piece of evidence. This is done through an evidence log.

A typical evidence log will include the date and time the evidence was collected, the name of the investigator, the location where the evidence was collected, the reason the evidence was collected, relevant serial numbers, a description of the evidence, and the method that was used to collect the evidence. The log should also include signatures of the people who were in possession of the evidence, the date and time the evidence was transferred, the manner in which the evidence was transferred, and the security conditions while the evidence was being handled or stored.

Any time evidence is examined by a forensic technician, the examiner must list everyone who came in contact with the evidence and everything that was done to the evidence.

Challenging Chain of Custody in a Criminal Case

A defendant can challenge the chain of custody of a piece of evidence by questioning whether the evidence presented at trial is the same evidence as what was collected at the scene of the crime.

If there are any discrepancies in the chain of custody and law enforcement cannot prove who had the evidence at a particular time, the chain of custody is broken and the defendant can ask to have the evidence declared inadmissible so that it cannot be used to try to convict the defendant.

To prove chain of custody, prosecutors must present evidence that proves: (1) the evidence is what the prosecutor claims it is (e.g. that the white power is, in fact, cocaine, or that the blood sample actually came from the defendant); (2) continuous possession of the evidence from the time it was seized until it was presented in court; and (3) that the evidence remained in substantially the same condition from the time each time it was transferred.

The chain of custody can be broken if a custody form is labeled incorrectly, if a transfer of evidence takes an unreasonable amount of time, or if there is reason to believe the evidence was tampered with.

Even if there is sufficient testimony that evidence is what it purports to be and testimony has been offered to prove the chain of custody, discrepancies as to chain of custody can still be challenged and a judge or jury can use those discrepancies in assessing the weight and credibility of evidence after it has been admitted.

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DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.

A clear, well-documented chain of custody should be established through a process that includes the following:

• Taking notes, including documentation of the recovery location, the time and date recovered or received, description of the item, condition of the item and any unusual markings on or alterations to the item.
• Marking and packaging the evidence.
• Sealing the evidence.
• Preparing the chain-of-custody record.

The chain-of-custody record for all items collected from the scene must include the following:

• Unique identifier.
  
• Item description.
  
• Identity of the person who collected the item.
  
• Time and date of collection.
  
• Location where item was found.

Individuals assuming custody of the evidence from collection through analysis sign a chain-of-custody document or otherwise conduct a secure electronic transfer identifying them as contributors to the analysis of the evidentiary materials. When evidence is submitted to a property and evidence section or to a forensic laboratory, a receipt documenting the transfer is obtained. 

To maintain an accurate and complete chain of custody:

• Limit the number of individuals handling evidence.
  
• Confirm that all names, identification numbers, and dates are listed on the chain-of-custody documents.
  
• Insure that all evidence packaging is properly sealed and marked prior to submission.
  
• Obtain signed or otherwise secure receipts upon transfer of evidence.

The chain of custody is the most critical process of evidence documentation. It is a must to assure the court of law that the evidence is authentic, i.e., it is the same evidence seized at the crime scene. It was, at all times, in the custody of a person designated to handle it and for which it was never unaccounted. Although it is a lengthy process, it is required for evidence to be relevant in the court. The continuity of possession of evidence or custody of evidence and its movement and location from the point of discovery and recovery (at the scene of a crime or from a person), to its transport to the laboratory for examination and until the time it is allowed and admitted in the court, is known as the chain of custody or chain of evidence.

Importance of the Chain of Custody

The chain of custody proves the integrity of a piece of evidence.[1] A paper trail is maintained so that the persons who had charge of the evidence at any given time can be known quickly and summoned to testify during the trial if required.

A record of the chain of evidence must be maintained and established in the court whenever presenting evidence as an exhibit.[2] Otherwise, the evidence may be inadmissible in the court leading to serious questions regarding its legitimacy, integrity, and the examination rendered upon it.[3] The chain of custody needs to document every transmission from the moment the evidence is collected, from one person to another, to establish that nobody else could have accessed or possessed that evidence without authorization. Although there is no limit on the number of transfers, it is crucial to keep this number as low as possible.

Evidence requires conscientious handling to avert tampering. The chain of custody is said to be the sequential documentation or trail that accounts for the sequence of custody, control, transfer, analysis, and disposition of physical or electronic evidence. The goal is to establish that the evidence is related to the alleged crime, was collected from the scene, and was in its original/unaltered condition rather than having been tampered with or "planted" deceitfully to make someone seem guilty. The chain of custody maintains the integrity of the sample. The traceability of the record of the control, transfer, and analysis of samples indicates the transparency to the procedure.[4]

Maintaining the chain of custody is critical in forensic practice.[5] This step of documentation is vital because everything done for the examination and analysis of the evidentiary sample must be authorized and recorded. The liability for the condition rests with everyone coming in contact with it. The documentation should be comprehensive with information regarding the circumstances of evidence collection, the people who handled the evidence, period of the guardianship of evidence, safekeeping conditions while handling and/or storing of the evidence, and how evidence is handed over to subsequent custodians every time a transfer occurs (along with the signs of individuals involved at the respective stage). It prevents police officers and other labs/law officials involved from tainting the evidence or misplacing the piece of evidence as it would eventually be traceable back to them, and they would be held responsible for the same.[6]

The Relevance of the Chain of Custody Documentation

The documentation of the chain of custody serves three primary purposes; to ask relevant questions regarding the evidence to the analytical laboratory, to maintain a record of the chain of custody, and to document that the sample/evidence was handled only by approved personnel and was not accessible for tampering before analysis.

The investigator or the person responsible for collecting evidence must complete the labels of the sample container/bags and the chain of custody forms to enable tracking of the sample. Each sample container label must receive a unique identification code and other relevant information such as location, date and time of collection, the name, and signature of the person who collected the sample, and signature of the witness(es). It is vital that the evidence is appropriately packed to avoid damage during transport and must be preferably sealed in tamper-evident/resistant bags or with tamper-evident tapes.

A separate chain of custody form must accompany different evidence bags. The chain of custody form shall at least include the following information:

• Unique identifier

• Name and signature of the sample collector

• Official address and contact number

• Name of the recipient

• Laboratory's address

• Details of each sample, including:

• • Unique identifier and matrix

  • Date and time of collection

  • Type of analysis required

• Signatures of everyone involved in the chain of possession with date and time

• Date and method of delivery

• Authorization for the analysis of the sample

• Any other information about the sample

Custody of the Evidence

Each time the charge of evidence is changed, an entry of signature, date, and time is necessary for the chain of custody form. A sample shall be deemed to be in custody if it is in actual physical possession of the authorized custodian in a secured place without access to unauthorized personnel or any opportunity for tampering.  

An illustration of the chain of custody in case of the recovery of a blood-stained flat iron rod at the scene of a murder depicted in the routine text is as follows:

"Investigating officer Steve collects the iron rod, packs it, and hands it over to forensic analyst Jack. Forensic analyst Jack analyses the iron rod at the laboratory and collects fingerprints and blood from the iron rod. Jack then hands over the iron rod and all the collected evidence from the iron rod to the evidence receiving clerk Tom. The evidence receiving clerk, Tom, then stores the evidence in the evidence storage locker. Tom keeps a record of all those who have accessed the original evidence."

During the trial, if the defense counsel raises queries on the chain of evidence, the records will demonstrate that the iron rod in the evidence storage is the same as that collected from the scene of a crime. Still, if inconsistencies persist and the prosecution cannot prove who had the iron rod at a given point of time, then the chain is deemed broken, and the defense counsel may seek in the court to have the resultant evidence annulled.

Other Scenarios of the Chain of Custody Usage

• Apart from crime scene investigation, the other areas which also find the use of the chain of custody maintenance include (but are not limited to):

• Civil litigation

• In dope testing of athletes

• Managing the chain of source, e.g., to improve the traceability of food products (to ensure authenticity to ethically sourced meat), or to ensure that wood products originate from sustainably managed woodlands

• In research (involving the use of animals) to know whether the animals were ethically raised/sourced or not

• In clinical trials

• In the fields of history, art collection to see the provenance (timeline of the ownership, custody, and/or location of the painting, document, or a piece of art/antique)

• Postal services; supply chain integrity

• The procurement of drugs for execution

• Seizure of controlled/prohibited substance

• Seizure of money/gold ornaments/other valuable items by customs, income tax, or revenue departments

• In violence and abuse cases

• In firearms injuries, etc.[2][4][7][8][9][4]

The chain of custody is particularly significant in environmental sampling that can help identify contamination and can be used to fix accountability. The laboratories should also be aware of other legal implications such as chain of custody, expert testimony, and appropriateness of scientific evidence.[10]

Chain of Custody in Legal Drug Testing

For drugs of abuse testing using urine samples, it is essential that the donor/athlete/sportsperson identifies the sample and that the urine cup is sealed (preferably by themselves). The chain of custody forms should then be signed by the donor/athlete, followed by the person who collected the specimen. In the case of an insentient patient in the emergency room, the nurse who collects the urine/blood sample can identify it in the patient's place. 

A related illustration depicted at the "American Association for Clinical Chemistry"- Clinical Laboratory News by Professor Amitava Dasgupta is as follows:

"Police officer Ramsey seizes the urine sample collected from the suspect, and police officer Fred transports the sample to the forensic/drug testing laboratory. At the laboratory, case receiving staff, Paul, receives the sample, and scientist Derek analyzes it and detects a metabolite of a banned substance/drug. Scientist Derek gives the result to principal scientist Evan, who confirms the result."

Ramsey, Fred, Paul, Derek, and Evan would have to sign the chain of custody form sequentially. Each one of them would be required to testify to recognize and establish the condition of the sample while in their custody while maintaining the chain, which will eventually prove that the suspect abused the banned substance.

Chain of Custody in Clinical/Medical Drug Testing

A drug test in a clinical setting using urine or blood samples is usually necessary in cases of the suspected overdosing patient getting admitted in the emergency department except for the cases where the results are positive, and the patient was in an accident or instances which may result in a trial. The screening for drugs in urine samples is usually via immunoassays.[11] Analytical methods confirm the initial results on the clinician's request. 

The result of medical drug testing is confidential information. Even if the drug screen is positive, it cannot be evidence against the individual for disciplinary or penal action. Hence, the chain of custody is not required. It is necessary to confirm the results of the initial positive immunoassay, as it may be necessary in court as evidence. In these cases, the chain of custody is essential.

Conclusion

Maintaining the chain of custody should be considered a professional and ethical responsibility by those in charge of the evidence. It is imperative to create appropriate awareness regarding the importance and correct procedures of maintaining the chain of custody of evidence among the people dealing with such cases. It is often ignored and given very little significance as a presumably un-important and straightforward procedure. Still, it must remain in mind that it is the most critical procedure which ultimately decides the admissibility of evidence in the court of law.