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 f ...
, 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 one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. ...
, introduced as
evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
in a judicial proceeding (such as a
trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
) to prove a fact in issue based on the object's physical characteristics.
In American law
Tampering
It is an offense at
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
"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
In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investiga ...
-related offenses; others include
perjury
Perjury (also known as forswearing) 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 insta ...
,
bribery
Bribery is the corrupt solicitation, payment, or Offer and acceptance, acceptance of a private favor (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official ...
, destruction of government property,
contempt
In colloquial usage, contempt usually refers to either the act of despising, or having a general lack of respect for something. This set of emotions generally produces maladaptive behaviour. Other authors define contempt as a negative emotio ...
, 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 has held that "physical evidence includes one's fingerprints, handwriting, vocal characteristics, stance, stride, gestures, or blood characteristics."
See also
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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 particul ...
*
Forensic science
Forensic science combines principles of law and science to investigate criminal activity. Through crime scene investigations and laboratory analysis, forensic scientists are able to link suspects to evidence. An example is determining the time and ...
*
DNA fingerprinting
*
Authentication
Authentication (from ''authentikos'', "real, genuine", from αὐθέντης ''authentes'', "author") is the act of proving an Logical assertion, assertion, such as the Digital identity, identity of a computer system user. In contrast with iden ...
*
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 co ...
*
Evidence packaging
Evidence packaging involves the specialized packaging methods and materials used for physical evidence. Items need to be collected at a crime scene or a fire scene, forwarded to a laboratory for forensic analysis, put in secure storage, and ...
References
{{Reflist
Evidence law
Forensic evidence