Falsified evidence
Encyclopedia
False evidence, forged evidence or tainted evidence is information created or obtained illegally, to sway the verdict in a court case. Also, misleading by suppressing evidence can be used to sway a verdict; however, in some cases, suppressed evidence is excluded because it was found hidden or locked away in areas the accused could not be proven to know. In Britain, falsifying evidence to convict the guilty is known as 'Noble Cause Corruption'. Some evidence is forged because the person doing the forensic work finds it easier to fabricate evidence than to perform the actual work involved. The planting of a gun at a crime scene would be used by the police to justify shooting the victim in self-defense, and avoid possible prosecution for manslaughter
. The fact that the police/prosecution, (one of the parties with a vested interest in a trial), effectively controls the supply of most or all of the evidence, is a fundamental problem of the adversarial trial system. However, the accused might have falsified some evidence, especially if not arrested immediately, or by having other access to a crime scene and related areas. Falsified evidence could be created by either the police/prosecution or the defendant(s), or by someone sympathetic to their cause.
In some criminal cases, a person will be identified as a "person of interest
" for a few days before arrest, allowing time to reveal suspicious actions (such as in recorded phone calls), or to attempt to falsify evidence before their arrest. A type of falsified evidence, used to acquit, would be faked sales receipts which indicated activities (with the accused) had occurred elsewhere during the time of the crime.
, Lower Waikato
, couple were killed and their bodies dumped in the Waikato River
. Arthur Allan Thomas
, a local farmer, was twice convicted of their murders but following massive publicity was later given a Royal Pardon.
Two bullet cases presented by senior policemen Hutton and Johnston were crucial evidence for the conviction. In 1980, after Thomas' pardon a Royal commission
into the convictions concluded "Mr Hutton and Mr Johnston planted the shellcase, exhibit 350 in the Crewe garden, and that they did so to manufacture evidence that Mr Thomas's rifle had been used for the killings."
, District Attorney of Santa Barbara County at the time, Thomas W. Sneddon Jr.
has been accused of falsifying evidence during the trial before the grand jury. The accuser, Gavin Arvizo, accused Michael Jackson
of showing him "girlie" magazines, leading to acts of molestation, masturbation and sexually lewd acts. However, the magazines had not even been published during his stay at Neverland
, the place where the alleged crimes took place.
During the testimony in the court, Sneddon handed it to Arvizo, who held the magazine in his hands without any gloves, clearly manipulating the evidence, raising suspicion in the grand jury. After the touching had occurred, Sneddon submitted this copy of the magazine to the forensic lab to make sure whether or not Arvizo had touched the magazine previously when the malicious acts took place. However, the magazine had not been published at all during Gavin's stay at Neverland. The boy had never even been there to see the magazines, according to the accusation. It was published after the Arvizos had left Neverland. This was one of the reasons Jackson was found "not guilty" of any malicious act of child molestation. Jackson was acquitted of all charges. No particular action has been taken against Sneddon.
of 1993, Craig D. Harvey a New York State Police trooper was charged with fabricating evidence. Harvey admitted he and another trooper lifted fingerprints from items the suspect, John Spencer, touched while in Troop C headquarters during booking. He attached the fingerprints to evidence cards and later claimed that he had pulled the fingerprints from the scene of the murder. The forged evidence was used during trial and John Spencer was sentenced to 50 years to life in prison.
After the truth came out, it was discovered that they had been falsifying evidence in cases for many years. At least three officers were convicted. Every case the department had been involved in had to be reinvestigated.
, DNA
, and explosive units of the Federal Bureau of Investigation Laboratory
had written reports confirming local police department theories without actually performing the work.
Such laws and regulatory procedures stipulating the conditions under which evidence can be handled and manipulated fall under a body of due process statues called chain of evidence
rules. It is crucial for law enforcement agencies to scrupulously collect, handle and transfer evidence in order to avoid its falsification. In most jurisdictions, chain of evidence rules require that the transfer of criminal evidence be handled by as few persons as possible. To prevent error or improper tampering, chain of evidence rules also stipulate that those authorized to experiment with collected evidence document the nature, time, date and duration of their handling.
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. The fact that the police/prosecution, (one of the parties with a vested interest in a trial), effectively controls the supply of most or all of the evidence, is a fundamental problem of the adversarial trial system. However, the accused might have falsified some evidence, especially if not arrested immediately, or by having other access to a crime scene and related areas. Falsified evidence could be created by either the police/prosecution or the defendant(s), or by someone sympathetic to their cause.
Types of evidence
- forged evidence - an item or information manufactured, or altered, to support some agenda, is not admissible in many courts, including U.S. criminal courts.
- planted evidence - an item or information which has been moved, or planted at a scene, to seem related to the accused party, is not admissible in many courts, including U.S. criminal courts.
- tainted evidence - information which has been obtained by illegal means or has been revealed (or traced) using evidence acquired by illegal search, and/or seizure, is called the "fruit of the poisonous tree" and is not admissible in many courts, including U.S. criminal courts.
- suppressed evidence - an item or information which a court judge has ruled as "inadmissible" is forbidden to be presented in a court case. Suppressed evidence might be excluded because it was found hidden or locked away in areas the accused could not be proven to know.
In some criminal cases, a person will be identified as a "person of interest
Person of interest
"Person of interest" is a phrase used by law enforcement when announcing the name of someone involved in a criminal investigation who has not been arrested or formally accused of a crime. The phrase was adopted by the media and widely disseminated, thus most law enforcement agencies have picked up...
" for a few days before arrest, allowing time to reveal suspicious actions (such as in recorded phone calls), or to attempt to falsify evidence before their arrest. A type of falsified evidence, used to acquit, would be faked sales receipts which indicated activities (with the accused) had occurred elsewhere during the time of the crime.
The Crewe murders
In June 1970 A PukekawaPukekawa
Pukekawa is a small rural community located in the Lower Waikato area of Franklin District, New Zealand. It is about an hour's drive south of Auckland. Pukekawa, an extinct volcano, is one of the oldest volcanic cones in the Auckland region. The area's fertile soils are used to grow a range of...
, Lower Waikato
Waikato Plains
The Waikato Plains are a large area of low-lying land in the northwest of the North Island of New Zealand. They are the floodplains of the Waikato River, the country's longest river....
, couple were killed and their bodies dumped in the Waikato River
Waikato River
The Waikato River is the longest river in New Zealand. In the North Island, it runs for 425 kilometres from the eastern slopes of Mount Ruapehu, joining the Tongariro River system and emptying into Lake Taupo, New Zealand's largest lake. It drains Taupo at the lake's northeastern edge, creates the...
. Arthur Allan Thomas
Arthur Allan Thomas
Arthur Allan Thomas was convicted in 1971 of the Harvey and Jeannette Crewe murders in June 1970 in Pukekawa , south of Auckland, New Zealand. Thomas, who farmed a property in the same district as the Crewes, was twice convicted of their murders but later given a Royal Pardon...
, a local farmer, was twice convicted of their murders but following massive publicity was later given a Royal Pardon.
Two bullet cases presented by senior policemen Hutton and Johnston were crucial evidence for the conviction. In 1980, after Thomas' pardon a Royal commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
into the convictions concluded "Mr Hutton and Mr Johnston planted the shellcase, exhibit 350 in the Crewe garden, and that they did so to manufacture evidence that Mr Thomas's rifle had been used for the killings."
People vs. Michael Jackson 2005 Child molestation allegations
In the 2005 child molestation case again Michael JacksonMichael Jackson
Michael Joseph Jackson was an American recording artist, entertainer, and businessman. Referred to as the King of Pop, or by his initials MJ, Jackson is recognized as the most successful entertainer of all time by Guinness World Records...
, District Attorney of Santa Barbara County at the time, Thomas W. Sneddon Jr.
Thomas W. Sneddon Jr.
Thomas W. Sneddon Jr. was the district attorney of Santa Barbara County, California. He had 22 years experience as a District Attorney and 35 years experience in prosecution...
has been accused of falsifying evidence during the trial before the grand jury. The accuser, Gavin Arvizo, accused Michael Jackson
Michael Jackson
Michael Joseph Jackson was an American recording artist, entertainer, and businessman. Referred to as the King of Pop, or by his initials MJ, Jackson is recognized as the most successful entertainer of all time by Guinness World Records...
of showing him "girlie" magazines, leading to acts of molestation, masturbation and sexually lewd acts. However, the magazines had not even been published during his stay at Neverland
Neverland
Neverland is a fictional world featured in the works of J. M. Barrie and those based on them. It is the dwelling place of Peter Pan, Tinker Bell, the Lost Boys, and others...
, the place where the alleged crimes took place.
During the testimony in the court, Sneddon handed it to Arvizo, who held the magazine in his hands without any gloves, clearly manipulating the evidence, raising suspicion in the grand jury. After the touching had occurred, Sneddon submitted this copy of the magazine to the forensic lab to make sure whether or not Arvizo had touched the magazine previously when the malicious acts took place. However, the magazine had not been published at all during Gavin's stay at Neverland. The boy had never even been there to see the magazines, according to the accusation. It was published after the Arvizos had left Neverland. This was one of the reasons Jackson was found "not guilty" of any malicious act of child molestation. Jackson was acquitted of all charges. No particular action has been taken against Sneddon.
New York State Police Troop C scandal
In the New York State Police Troop C scandalNew York State Police Troop C scandal
The New York State Police Troop C scandal involved the fabrication of evidence used to convict suspects in New York by the New York State Police.-John Spencer:...
of 1993, Craig D. Harvey a New York State Police trooper was charged with fabricating evidence. Harvey admitted he and another trooper lifted fingerprints from items the suspect, John Spencer, touched while in Troop C headquarters during booking. He attached the fingerprints to evidence cards and later claimed that he had pulled the fingerprints from the scene of the murder. The forged evidence was used during trial and John Spencer was sentenced to 50 years to life in prison.
After the truth came out, it was discovered that they had been falsifying evidence in cases for many years. At least three officers were convicted. Every case the department had been involved in had to be reinvestigated.
FBI scandal
In the 1990s, the fingerprintFingerprint
A fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...
, DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
, and explosive units of the Federal Bureau of Investigation Laboratory
Federal Bureau of Investigation Laboratory
The Federal Bureau of Investigation Laboratory generally enjoys the reputation as the premier crime lab in the United States. However, during the 1990s, its reputation and integrity came under withering criticism, primarily due to the revelations of Special Agent Dr. Frederic Whitehurst, the most...
had written reports confirming local police department theories without actually performing the work.
Such laws and regulatory procedures stipulating the conditions under which evidence can be handled and manipulated fall under a body of due process statues called chain of evidence
Chain of Evidence
Chain of Evidence is a 2007 Ned Kelly Award winning novel by the Australian author Garry Disher.-Notes:This is the fourth novel in the author's "Challis/Destry" series of crime novels, following The Dragon Man , Kittyhawk Down , and Snapshot .-Reviews:*"The Age" *"The Australian" *"Australian...
rules. It is crucial for law enforcement agencies to scrupulously collect, handle and transfer evidence in order to avoid its falsification. In most jurisdictions, chain of evidence rules require that the transfer of criminal evidence be handled by as few persons as possible. To prevent error or improper tampering, chain of evidence rules also stipulate that those authorized to experiment with collected evidence document the nature, time, date and duration of their handling.
See also
- Miscarriage of justiceMiscarriage of justiceA miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
- False accusationsFalse accusationsFalse accusations can be in any of the following contexts:* informally in everyday life* quasi-judicially* judicially.-Types:...
- False arrestFalse arrestFalse arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction...
- IntimidationIntimidationIntimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.Criminal threatening is the crime of intentionally or...
- Surveillance abuseSurveillance abuseSurveillance abuse is the use of surveillance methods or technology to monitor the activity of an individual or group of individuals in a way which violates the social norms or laws of a society. Mass surveillance by the state may constitute surveillance abuse if not appropriately regulated....
- M62 Coach BombingM62 coach bombingThe M62 coach bombing happened on 4 February 1974 on the M62 motorway in northern England, when a Provisional Irish Republican Army bomb exploded in a coach carrying off-duty British Armed Forces personnel and their family members. Twelve people were killed by the bomb, which consisted of of...
- FingerprintFingerprintA fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...
- Howland will forgery trialHowland will forgery trialThe Howland will forgery trial was a U.S. court case in 1868 to decide Henrietta Howland Robinson's contest of the will of Sylvia Ann Howland. It is famous for the forensic use of mathematics by Benjamin Peirce as an expert witness.-History:...
Further reading
- National Law Journal; October 9, 1995; "Faked Evidence Becomes Real Problem-From Fingerprints to Photos to Computer Data, Lawyers are Learning to be Vigilant"
- New York Times; November 22, 1992, Sunday; "Ripples of a Pathologist's Misconduct In Graves and Courts of West Texas. The prairie graveyards of West Texas are giving mute testimony to the misdeeds of a circuit-riding pathologist who left a trail of faked autopsies, botched blood samples and missing organs from the Panhandle to the Rio Grande. According to defense lawyers' estimates, as many as 20 capital murder cases ..."
- John F. Kelly and Phillip K. Wearne; Tainting Evidence: Inside The Scandals At The FBI Crime Lab