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Crime Scene Evidence Handling
Melissa Factor
CJ 498 Criminal Justice Capstone
Professor Rachel Goguen
30JUN13
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Abstract
Crime scene yellow tape is a well-known sight. In order to preserve the integrity of the evidence of a crime scene, human contact should be avoided. Crime scenes are immediately sealed off, preventing the public from seeing a gruesome sight as well as preventing anyone, including police officers and other investigators from trampling the crime scene and contaminating the evidence. Criminal prosecutions rely on evidence presented in a court of law so it is
It was not until two years later that the underwear and t-shirt were examined forensically. Neither the clothing nor the test results from the sexual assault kit conclusively connected the defendant with the crime. Nevertheless, the defendant was convicted on the basis of other evidence; including the eyewitness identification by the boy. On appeal to the United States Supreme Court, the defendant argued if the boy’s clothing had been properly preserved by the police, it may have exculpated him. The United States Supreme Court addressed the issue of whether the defendant's due process rights had been violated by the police mishandling of the evidence, the simple majority focused on the “good faith efforts” of the police officers in preserving the evidence. Chief Justice Rehnquist stated it is unfair to “impose on the police an undifferentiated absolute duty to retain and to preserve all material that might be of conceivable evidentiary significance. A good faith standard limits the police officer's duty to preserve evidence and protect the defendant in cases where the police themselves, by their conduct, indicate the evidence could form a basis for exonerating the defendant.” (Arizona v. Youngblood, 1988).
Thus, under the good faith standard, if police actions indicate they realize the probative value of evidence that may potentially be used to determine the defendant's innocence, and they maliciously destroy the