Chain of Custody
Chain of custody is a concept that generally finds itself in the spotlight when a certain piece of evidence plays a critical role in a criminal trial. Two examples of when chain of custody issues would iris could occur when a blood test is the only piece of evidence that might link the defendant to intoxication in a murder trial or when a fluid sample is the only piece of evidence linking a defendant to a murder scene in a homicide trial. In such instances, it is of the utmost importance that a chain of custody be established that shows who was in possession of that piece of evidence at all times and how the evidence was handled from its discovery until trial.
The primary reason that establishing the chain of custody is so important in criminal trials is because the Defendant has the right to know who all has come into contact with that evidence and that the evidence has not been tainted before the evidence can be used at trial to attempt to prove the guilt of the defendant. This is especially true for pieces of evidence like blood samples in cases such as DUI trials where the samples must be handled and tested a certain way in order to preserve the integrity of the sample such that it can be admissible in court. In many cases, the defendant will have the right to confront and question witnesses at trial who have interacted with the samples, whether they conducted the actual testing, mailed it to a laboratory, or created a report based off of testing of the sample. Failure by the state to provide these witnesses at trial could lead to exclusion of the evidence in some cases.
For any defendant in a criminal trial, the question of what evidence should be allowed in at trial is one of the most important issues. Tennesseans should choose an experienced criminal defense attorney who knows how to protect them from the admission of evidence that should not be used against them.
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