At present, television programs about detectives or investigators who work for State security forces, the Government or private lawyers abound., CSI, True Detective, Bones… In which on many occasions a mishandling of the evidence found at the scene of the events can make one of the protagonists guilty or innocent.
It is also more than usual headlines in the media referring to the chain of custody and the legal effects of this in cases of rupture, manipulation of evidence and / or disappearance of the same.
"The court invalidates the breathalyzer test for failures in the chain of custody and sentences X to two and a half years in prison"
“Neither the Public Ministry nor her private defense could prove for what purpose he had beaten her. Well, in no case do they present the bat or the sharp object as evidence. This is due, as in most cases, because the prosecution's investigation was insufficient "
“Four members of a CSC located in Durando, accused of a crime against Public Health, have been acquitted by the Bizkaia Hearing on the grounds that there were inconsistencies in the chain of custody carried out by the Ertzaintza after requisitioning the marijuana plants grown by the association"
Headlines such as those exposed highlight the importance of the chain of custody in the criminal process, and how the manipulation or rupture of the evidence or reasonable indications, would determine the success or failure of a criminal process
We understand by chain of custody the treatment steps and requirements to be followed by all material related to the facts constituting a crime, from the moment it is obtained to its presentation in the oral proceedings.
According to the Supreme Court, the ultimate purpose of this process is what it has called “self-sameness”, that it is certain that what is collected is the same that is specified at the time of the trial, preserving the integrity and originality of the evidence..
A multitude of subjects participate in this process so that the reconstruction of the facts is as adjusted as possible to reality, from the police to the experts through the lawyers, secretaries, etc..
The chain of custody goes through 4 distinct phases that we will explain below:
Once located at the crime scene, the evidence found must be extracted from it. Physical evidence can be anything from huge objects to microscopic particles, which originated in the commission of a crime and is collected at the crime scene or nearby..
An adequate collection methodology and technique is especially important, eliminating the possibility of loss or contamination as much as possible..
Police personnel must be the first to arrive at the scene of the crime, on which the primary responsibility falls in all procedures, they must take care that traces of the crime are preserved and that the state of things is not modified or destroyed; as well as prevent possible witnesses and victims from being absent from the scene.
When evidence is found and fixed, it must be protected to prevent its alteration or destruction. This protection is achieved with the packaging of the evidence, which is primarily intended to individualize and guarantee the integrity of the evidence..
It also aims to prevent third parties from altering or replacing the evidence.
Once the evidence is found and packed, it must be transferred to the place where it will be stored or analyzed. The transportation phase corresponds to the transfer of the evidence from the crime scene to another destination.
The destination may be the laboratories for analysis, or the different prosecutors for their custody.
The evidence is guarded and preserved until the moment in which the debate is going to take place..
Breaking the chain of custody refers to the existence of a reasonable doubt about the authenticity and reliability of the evidence thus losing the rank of evidentiary proposition.
Failure to guarantee that the chain of custody has been carried out with due treatment would imply the invalidity of the evidence, thus violating those rights related to a fair process. This rupture occurs when in some of the links of the chain the guarantee of identity is lost between what is seized and what is delivered to the prosecutor, expert.
This can lead to innocent defendants being sentenced as guilty and people responsible for a criminal act being acquitted..
In the latter case, the consequences on the person are more related to the maintenance of criminal behavior because they believe they are invincible than to psychological suffering.
However, the consequences in the first case, an innocent man sentenced as guilty, are of great importance in all areas of his life: family breakdown, cognitive and affective deterioration, social maladjustment, work impact.
"Innocent, nine years in prison, and only a third of the compensation" (El mundo, 06-01-2015)
This headline corresponds to one of the biggest rulings committed by the judicial system.
Failure that according to the person who was tried as a participant in a robbery, being innocent, has led to two suicide attempts, major depression with psychotic symptoms and significant changes in their personality.
Innocent people judged as guilty begin to suffer from the moment they are cited as defendants and sometimes they must serve in prison as a precautionary measure. This first stage is marked by the uncertainty, rage and widespread mistrust.
After her comes the moment of the trial, the sentence and the confirmation of guilt. When the sentence is final, they are invaded by a feeling sad, misunderstanding, and in a short time the first symptoms of depression begin.
As the months progress, the person realizes the chronicity of their situation and changes in their personality begin to occur: distrust, suspicion, hypervigilance, isolation.
If, as various studies have already stated, the effects of incarceration are multiple in guilty people, imagine in innocent people.
The perfection in the realization of the chain of custody is essential for a fair trial and to ensure that situations such as the one described above do not occur..
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