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, eviden ...

in a judicial proceeding (such as a trial) 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 omniprese ...

"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 Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other gov ...

-related offenses; others include

perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...

bribery Bribery is the offering, giving, receiving, or 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 regard to governmental operations, essentially, bribery is "Co ...

, destruction of government property,

contempt Contempt is a pattern of attitudes and behaviour, often towards an individual or a group, but sometimes towards an ideology, which has the characteristics of disgust and anger. The word originated in 1393 in Old French contempt, contemps, ...

, 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 "distinguished 'physical' and 'demeanor' evidence from 'testimonial' evidence, holding that evidence of the former does not engender Fifth Amendment protection" against self-incrimination. The

U.S. Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

has held that "physical evidence includes one's fingerprints, handwriting, vocal characteristics, stance, stride, gestures, or blood characteristics."

References

{{Reflist Evidence law Forensic evidence

In American law

Tampering

Self-incrimination

See also

References