What information is included in the chain of custody?
It is important to not only document what is being obtained, but who is doing the collection, when it was collected, and other details that validate the evidence. The chain of custody documentation provides information regarding the collection, transportation, storage, and general handling of the electronic evidence.
What 4 things does a chain of custody establish?
The chain of custody is a tracking record beginning with detailed scene notes that describe where the evidence was received or collected. Collection techniques, preservation, packaging, transportation, storage and creation of the inventory list are all part of the process used in establishing the chain of custody.
What are the 4 major steps in a crime scene investigation?
The basic crime scene procedures are physical evidence recognition, documentation, proper collection, packaging, preser- vation, and, finally, scene reconstruction.
Why is a documented chain of custody important?
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.
What is the chain of custody form?
The term “Chain of Custody” form is commonly referred in acronym usage as a CCF or CoC, and references a document or paper trail showing the seizure, custody, control, transfer, analysis, and disposition of physical and electronic evidence of a human specimen test.
Which of the following best describes the criminal justice system objective of equality?
Which of the following best describes the criminal justice system objective of equality? All defendants should receive the same quality of justice. You just studied 123 terms!
Which of the following is the primary source of criminal procedure?
U.S. Constitution
Which actor in the criminal justice system has the responsibility of deciding whether to formally charge a suspect?
Prosecutors decide whether to charge an individual with a criminal offense, and what the charge should be. Although a police officer arrests an individual when he has probable cause to believe the individual has committed a criminal offense, he does not decide whether the individual will be charged formally.
Which ABA Criminal Justice standard addresses prosecutorial conflicts of interest?
Standard 3-1.7 Conflicts of Interest.
Does the prosecutor represent the victim?
The prosecutor (a Deputy District Attorney) represents the People of the State of California. They do not represent individual victims and there is no attorney-client privilege when a victim speaks to a prosecutor or the prosecutor’s investigator.
What are some examples of prosecutorial misconduct?
Making statements to the media that prejudice the jury pool. Engaging in improper plea-bargaining – for example, convincing a defendant to plead guilty through false promises or misrepresentations about the existence of incriminating evidence. Failing to turn over exculpatory evidence. Tampering with evidence.
How do you prove abuse of process?
The Elements of Abuse of Process However, the typical elements that a plaintiff must prove in an abuse of process lawsuit are: The existence of an ulterior motive or purpose in using the process, and. An act in the use of the process that is not proper in the regular prosecution of the legal proceedings.
What is overzealous prosecution?
Overzealous prosecution refers to someone instituting legal proceedings against a defendant for criminal behavior with the intention to support an excessive enthusiasm for some cause,rather than with any genuine basics for the suit.
What is overzealous?
: too zealous : having or showing too much zeal : excessively eager, enthusiastic, or fervent overzealous parents overzealous workers … another version of the overzealous monitoring that has produced kids who leave for college without ever having crossed the street by themselves.—
What is zealous defense?
Zealous defense, also known as zealous advocacy, is an ethical principle for practitioners of law. The essential idea is that once a client contracts the services of an attorney, the attorney must then do everything necessary to win the case, so long as it does not violate other ethical principles for the profession.
Why do prosecutors overcharge defendants?
Overcharging in a Criminal Case Leads to More Plea Bargains Overcharging is used by law enforcement to strong-arm defendants into a plea bargain. But by pleading guilty to just one or two of these charges, the prosecutor secures a conviction and the defendant avoids the possibility of additional jail time.
What are the ultimate aims of prosecutors who engage in overcharging defendants?
Many prosecutors engage in “overcharging” – charging the defendant with the offense that carries the greatest penalty, even when she knows she may not be able to prove it at trial. The purpose of this practice is to goad the defendant into pleading guilty to a lesser offense.
Is it illegal to overcharge a customer?
It also violates the California Business & Professions Code, which makes it unlawful to charge a customer for an amount greater than the amount advertised, posted, marked, or quoted for that item and to charge a customer for an amount greater than the price posted on the item itself or on a shelf tag.
What percentage of defendants are found guilty?
More than 97 percent of federal criminal convictions are obtained through plea bargains, and the states are not far behind at 94 percent. Why are people so eager to confess their guilt instead of challenging the government to prove their guilt beyond a reasonable doubt to the satisfaction of a unanimous jury?