Evidence management
Encyclopedia
Evidence management is the administration and control of evidence related to an event so that it can be used to prove the circumstances of the event, and so that this proof can be tested by independent parties with confidence that the evidence provided is the evidence collected related to the event.
that is, the evidence presented for the proof is the exact evidence collected.
Evidence management requiries the techniques used in:
of the organisation responsible. For example, Interpol
has published standards to combat corruption, and Standard 4.12 refers to systems and states:
Evidence and property management is typically considered critical to the extent that the efficiency or economy of the processes are secondary to the integrity of the evidence and property.
The digitising of evidence is reducing the need to handle the original evidence until it is presented. The reduction in the handling of the original evidence lessens the likelihood of deliberate tampering or accidental contamination and reduces chain of custody
requirements and overheads.
While the chain of custody stops with presentation, accountability and responsibility remains until the evidence is disposed of.
s.
All but the smallest evidence storage facilities will contain multiple physical containers for separate pieces of evidence. Larger storage facilities will also provide environmentally controlled sections, for example cold rooms or freezers, for the preservation evidence.
The packaging used to store evidence perform a number of functions. These include:
Physical containers for pieces of evidence varying in the type of storage they provide.
Highly desirable pieces of evidence such as precious metals, currency, jewelry, firearms, and drugs often require higher levels of storage to protect them from theft, and reentry into to the criminal environment.
Inherently dangerous items of evidence such as drugs, and chemical, biological, nuclear, radiological materials require higher levels of storage to protect the well being of evidence management personnel.
Typically physical containers are of a size and shape that they are able to be handled by a single person. Small items can be placed in an "evidence bag": a plastic bag
with special tamper resistant features and places to record the chain of custody
. Large volumes of evidence will require larger containers typically able to be handled using a fork lift.
agency, the property office is typically also responsible for found property.
Aspects of evidence management
Evidence management requires that the evidence is:- collected in a fashion which does not compromise the nature of the evidence
- kept in a fashion which maintains the nature of the evidence
- handled in a fashion which allows no doubt that the evidence could not have been accidentally or deliberately altered or substituted
that is, the evidence presented for the proof is the exact evidence collected.
Evidence management requiries the techniques used in:
- warehousing and inventory control, of many items of evidence related to many events
- curation and keeping of delicate and sensitive items, of a broad range in type of material and size
- secure custodianship and handover of responsibility, from the time and place of collection to the time and place of presentation as elements of a proof, often called either chain of custody or evidence continuity
Evidence lifetime
Evidence must be managed and administered over its entire lifetime. The lifetime of a piece of evidence includes a number of key stages, from the piece of evidence's acquisition to its eventual disposal:- Acquisition, which can be by:
- Collection, for example at a crime scene
- Seizure
- Voluntary deposit
- Description, which includes:
- Indexing
- Describing
- Digitising, for example, photographing or scanning
- Duty of careDuty of careIn tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
, for example document seizure from a business which by definition requires the documents to carry out its business, can include:- Copying of evidence
- Provision of copies to evidence owner
- Analysis, which includes:
- Information interpretation, for example the content of documents
- Materials testing, for example of drug type, paper type, ink type
- Environmental context investigation, for example of included matter, animal life, fingerprints
- Assessment
- Relevance to elements of proofs
- Presentation, which includes
- Disclosure, for example pre trial to defence
- In court, and at appeal
- Disposal, which can be by:
- Return to owner
- Destruction, of illicit or redundant or obsolete material
- Sale or donation, of no owner identifiable material
Accountability and responsibility
At all stages of its life, the piece of evidence must typically be moved in and out of storage, and be handled by different people. This places very strong requirements on the integrity of the chain of custody, and in particular on the personnel involved and the duty of careDuty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
of the organisation responsible. For example, Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
has published standards to combat corruption, and Standard 4.12 refers to systems and states:
- 'Having and maintaining systems of revenue collection, money and property handling and for the control and preservation of evidence that ensure that those collecting or handling money, dealing with evidence or handling property are accountable and that the systems are such as to deter corruption.'
Evidence and property management is typically considered critical to the extent that the efficiency or economy of the processes are secondary to the integrity of the evidence and property.
The digitising of evidence is reducing the need to handle the original evidence until it is presented. The reduction in the handling of the original evidence lessens the likelihood of deliberate tampering or accidental contamination and reduces chain of custody
Chain of custody
Chain of custody refers to the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of evidence, physical or electronic...
requirements and overheads.
While the chain of custody stops with presentation, accountability and responsibility remains until the evidence is disposed of.
Evidence management and its impact on criminal prosecutions
Evidence management is critical to the outcome of criminal prosecutions. If any of the above aspects of evidence management fail in relation to the evidence required for a prosecution, then it can compromise the outcome of the prosecution.Standards and procedures
The proper management of evidence is so important to organisations responsible for evidence that they develop formal standards for the management, administration, and handling of evidence. The failure to apply proper standards to property processing can result in severe criticism of an organisation. These standards and procedures can vary from consensual indicative standards internationally adopted as a benchmark reference by organisations across the world, be specific to the initial evidence handling procedures for specific institutions, be the lifetime standards for evidence handling for an organisation, or be formal national standards.Management of physical evidence
The primary aspect of the management of physical evidence is the provision of suitable storage facility. Storage facilities for evidence can vary in size from a single secure cabinet in an office to large dedicated warehouseWarehouse
A warehouse is a commercial building for storage of goods. Warehouses are used by manufacturers, importers, exporters, wholesalers, transport businesses, customs, etc. They are usually large plain buildings in industrial areas of cities and towns. They usually have loading docks to load and unload...
s.
All but the smallest evidence storage facilities will contain multiple physical containers for separate pieces of evidence. Larger storage facilities will also provide environmentally controlled sections, for example cold rooms or freezers, for the preservation evidence.
Physical container
The physical containers used to store items of evidence are typically called evidence storage unitsThe packaging used to store evidence perform a number of functions. These include:
- physical stability of the evidence;
- regular and organised stacking and placement to allow optimal access;
- protection of evidence management personnel from dangers inherent in the evidence.
Physical containers for pieces of evidence varying in the type of storage they provide.
Highly desirable pieces of evidence such as precious metals, currency, jewelry, firearms, and drugs often require higher levels of storage to protect them from theft, and reentry into to the criminal environment.
Inherently dangerous items of evidence such as drugs, and chemical, biological, nuclear, radiological materials require higher levels of storage to protect the well being of evidence management personnel.
Typically physical containers are of a size and shape that they are able to be handled by a single person. Small items can be placed in an "evidence bag": a plastic bag
Plastic bag
A plastic bag, polybag, or pouch is a type of packaging made of thin, flexible, plastic film, nonwoven fabric, or plastic textile. Plastic bags are used for containing and transporting goods such as foods, produce, powders, ice, magazines, comic books, chemicals and waste.Most plastic bags are...
with special tamper resistant features and places to record the chain of custody
Chain of custody
Chain of custody refers to the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of evidence, physical or electronic...
. Large volumes of evidence will require larger containers typically able to be handled using a fork lift.
Evidence storage work unit
Most organisations collecting evidence have specific work units responsible for the safe keeping and preservation of evidence. The evidence storage work unit, typically called a property office is responsible for:Other duties of a property office
When the organisation is a policePolice
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
agency, the property office is typically also responsible for found property.
External links
- Assessing property management needs by Billy Mitchell