In
evidence law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fa ...
, physical evidence (also called real evidence or material evidence) is any
material object that plays some role in the matter that gave rise to the
litigation
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, introduced as
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
in a judicial proceeding (such as a
trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
) to prove a fact in issue based on the object's physical characteristics.
In American law
Tampering
It is an offense at
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
"to tamper with, conceal, or destroy evidence knowing that it may be wanted in a judicial proceeding or is being sought by law enforcement officers."
[67 Corpus Juris Secundum ''Obstructing Justice'' § 63 (footnotes omitted).] This is also a crime under statutes of many
U.S. states.
A 2004 review found that 32 states had a statute "that prohibits, in some form, the concealment, destruction, or tampering with evidence."
[John F. Decker, ''The Varying Parameters of Obstruction of Justice in American Criminal Law'', 65 LA. L. Rev. 40, 83-84 (2004).] Evidence tampering "generally refers to physical evidence and is not founded on false statements or the concealment of information by false statements."
It falls within the broader set of
obstruction of justice-related offenses; others include
perjury,
bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
, destruction of government property,
contempt, and escape.
Generally, the
elements of the offense are: that the person had "knowledge that an official proceeding or investigation is in progress or is likely to be instituted"; that the person took (2) "overt action to alter, destroy, conceal, or remove evidence"; and that (3) the person had the "purpose of impairing the value or availability of the evidence in the proceeding or investigation."
Self-incrimination
In ''Pennsylvania v. Muniz'' (1990), the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
"distinguished 'physical' and 'demeanor' evidence from 'testimonial' evidence, holding that evidence of the former does not engender
Fifth Amendment protection" against
self-incrimination
In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another ersonin a criminal prosecution or the danger thereof". (Self-incrimination ...
.
The
U.S. Court of Appeals for the Ninth Circuit has held that "physical evidence includes one's fingerprints, handwriting, vocal characteristics, stance, stride, gestures, or blood characteristics."
See also
*
Chain of custody
Chain of custody (CoC), in legal contexts, is the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of materials, including physical or electronic evidence. Of particular ...
*
Forensic science
Forensic science, also known as criminalistics, is the application of science to criminal and civil laws, mainly—on the criminal side—during criminal investigation, as governed by the legal standards of admissible evidence and criminal ...
*
DNA fingerprinting
DNA profiling (also called DNA fingerprinting) is the process of determining an individual's DNA characteristics. DNA analysis intended to identify a species, rather than an individual, is called DNA barcoding.
DNA profiling is a forensic tec ...
*
Authentication
*
Documentary evidence
Documentary evidence is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony. Documentary evidence is most widely understood to refer to writings on paper (such as an invoice, a con ...
*
Evidence packaging
References
{{Reflist
Evidence law
Forensic evidence