False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified

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 ...

could be created by either side in a case (including the police/ prosecution in a

criminal case Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

), or by someone sympathetic to either side. Misleading by suppressing evidence can also be considered a form of false evidence ( by omission); however, in some cases, suppressed evidence is excluded because it cannot be proved the accused was aware of the items found or of their location. The analysis of evidence ( forensic evidence) may also be forged if the person doing the forensic work finds it easier to fabricate evidence and test results than to perform the actual work involved. Parallel construction is a form of false evidence in which the evidence is truthful but its origins are untruthfully described, at times in order to avoid evidence being excluded as inadmissible due to unlawful means of procurement such as an unlawful search. Apart from the desire for one side or another to succeed or fail in its case, the exact rationale for falsifying evidence can vary. Falsifying evidence to procure the conviction of those honestly believed guilty is considered a form of police corruption even though it is intended to (and may) result in the conviction of the guilty; however it may also reflect the incorrect prejudices of the falsifier, and it also tends to encourage corrupt police behavior generally. In the United Kingdom, this is sometimes called ' Noble Cause Corruption.' A "throw down," i.e. the planting of a weapon at a crime scene might be used by the police to justify shooting the victim in self-defense, and avoid possible prosecution for

manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...

. 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.

Types

* ''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. * Parallel construction - tainted evidence, where the origin of the evidence is untruthfully represented, preventing discussion of whether it was legally obtained or not. * ''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" is a term used by law enforcement in the United States, Canada, and other countries when identifying someone possibly involved in a criminal investigation who has not been arrested or formally accused of a crime. It has no leg ...

" 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, e.g. to prove that the accused was not at the scene of the crime when it was being committed.

Cases

The Crewe murders

In June 1970 a Pukekawa, 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 In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal preroga ...

. Two bullet cases presented by senior policemen Bruce Hutton and Lenrick Johnston were crucial evidence for the conviction. In 1980, after Thomas's 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."

Killing of Bernard Whitehurst

In 1975, after the shooting death of Bernard Whitehurst by a Montgomery, Alabama police officer who mistakenly thought Whitehurst was the suspect in the robbery of a neighborhood grocery store, there was a police cover-up that included police officers planting a gun on him from the police evidence room. The coroner relied on police reports that Whitehurst was killed by a bullet fired through the chest. After an investigation by the local newspaper and local attorney Donald Watkins raised questions about the facts of the case, six months later, the District Attorney James Evans ordered the body to be exhumed and an autopsy to be performed. The results of the autopsy showed that Whitehurst had been shot in the back. The attempted cover-up led to the resignation of eight police officers, the city’s mayor, James Robinson and the Director of Public Safety, Ed Wright. No police officer was convicted of a crime. Forty years later, the Montgomery City Council passed a resolution that formally expressed regret for the shooting and cover-up.

Murder of Holly Staker

In 1992, 11-year-old Holly Staker was raped and murdered while babysitting in Waukegan, Illinois. A local man named Juan Rivera was convicted of the murder solely on the basis of a confession, one that he claimed was coerced. No physical evidence linked him to the crime scene and many details of his confession contradicted known evidence from the crime scene. DNA testing done in 2004 on semen taken from the crime scene ruled out Rivera as the source, however, the prosecution argued that the semen sample came from previous consensual sex with another man. Rivera was convicted again. His conviction was overturned by the appellate court who took the unusual step of barring prosecutors from retrying Rivera and he was released. After his release, Rivera's attorneys asked the courts to order genetic testing on a piece of evidence the prosecution had tried to use at his trial in 1993. Rivera's shoes had blood on them, which the prosecution argued belonged to Holly. The prosecution withdrew them prior to his first trial when it was discovered that the shoes were not available for sale anywhere in the United States until after the murder. In 2015, Juan's attorney sought further forensic testing on the shoes. DNA analysis indicated that the blood indeed belonged to Holly, but also contained another genetic sample; one that matched the semen sample. Rivera's defense team insists that this is proof not only that the blood was planted, but that the real killer's DNA was inadvertently planted as well. The DNA has yet to be matched to an individual, but has been linked to DNA from another home invasion and murder. The man convicted of that crime also claims to be wrongfully convicted. Following his exoneration, he was awarded $20 million USD, the largest wrongful conviction settlement in US history.

New York State Police Troop C scandal

In the New York State Police Troop C scandal 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 fingerprint, DNA, and explosive units of the

Federal Bureau of Investigation Laboratory The FBI Laboratory (also called the Laboratory Division) is a division within the United States Federal Bureau of Investigation that provides forensic analysis support services to the FBI, as well as to state and local law enforcement agencie ...

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 statutes called chain of custody 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.