World Library  
Flag as Inappropriate
Email this Article

Article Id: WHEBN0026986088
Reproduction Date:

Title:  
Author: World Heritage Encyclopedia
Language: English
Subject: National Registry of Exonerations, Eyewitness memory, Evidence (law), Legal malpractice, Criminal law
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority.[1] It is a criminal offense in many jurisdictions.

Tampering with evidence is closely related to the legal issue of spoliation of evidence, which is usually the civil law or due process version of the same concept (but may itself be a crime). Tampering with evidence is also closely related to obstruction of justice / perverting the course of justice, and these two kinds of crimes are often charged together. The goal of tampering with evidence is usually to cover up a crime.

By law enforcement

When police confiscate and destroy a citizen's photographs or recordings of officers' misconduct, the police's act of destroying the evidence may be prosecuted as an act of evidence tampering, if the recordings being destroyed are potential evidence in a criminal or regulatory investigation of the officers themselves.[2] In a notable case in Nebraska, officers were charged with the felony charge of evidence tampering, as well as misdemeanor obstruction and theft, when they committed brutality and forcibly stole and destroyed the recordings, which was exposed due to a third party's recording.[3] On the other hand, when police departments lose exonerating evidence that would create reasonable doubt for defendants in the cases they prosecute, such as dashboard-camera footage from patrol cars, it may be regarded as spoliation of evidence, potentially justifying motions to dismiss and/or mistrials. Police's loss of evidence such as footage may be considered as both spoliation and tampering, if it both exonerates the defendant and proves police misconduct. Spoliation of exonerating evidence in criminal cases may also constitute prosecutorial misconduct if the prosecutor is complicit in doing so.

See also

References

  1. ^ http://www.criminaldefenselawyer.com/crime-penalties/federal/Tampering-with-evidence.htm
  2. ^ https://www.aclu.org/free-speech/know-your-rights-photographers
  3. ^ https://www.aclu.org/blog/free-speech-criminal-law-reform/hidden-third-cameraman-proves-crucial-nebraska-photographer


Help improve this article
Sourced from World Heritage Encyclopedia™ licensed under CC BY-SA 3.0
Help to improve this article, make contributions at the Citational Source
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.