Legal Aspects of Investigations Flashcards

The primary purpose of maintaining a proper chain of custody for evidence is to:

Answer: Demonstrate that evidence has not been altered, contaminated, or tampered with

Chain of custody documentation establishes the integrity of evidence by recording every person who handled it and every transfer that occurred.

Under the Federal Rules of Evidence, 'hearsay' is defined as an out-of-court statement offered to prove:

Answer: The truth of the matter asserted in the statement

Hearsay is an out-of-court statement introduced to prove that what was said is true, and it is generally inadmissible unless an exception applies.

To preserve the integrity of digital evidence, an investigator should first:

Answer: Create a forensic bit-for-bit copy (image) of the original storage media

A forensic image captures every bit on the original drive, allowing analysis on the copy while the original remains pristine and admissible.

The 'best evidence rule' requires that:

Answer: The original document (or reliable duplicate) be produced when its content is at issue

The best evidence rule requires the original writing, recording, or photograph when a party seeks to prove its content, unless the original is unavailable for legitimate reasons.

Under the Daubert standard, for expert witness testimony to be admissible in federal court, the testimony must be based on:

Answer: Scientific, technical, or specialized knowledge that is reliable and relevant to the case

Daubert requires trial judges to act as gatekeepers, admitting expert testimony only when it rests on a reliable methodology and is relevant to the issues in the case.

Spoliation of evidence is best described as:

Answer: The intentional or negligent destruction, alteration, or concealment of evidence

Spoliation occurs when a party destroys or conceals relevant evidence, which can result in sanctions, adverse inference jury instructions, or case dismissal.

A photograph taken at a crime scene is admissible in court if it is:

Answer: Authenticated as a fair and accurate representation of the scene at the relevant time

Photographic evidence must be authenticated—typically through witness testimony—as an accurate depiction of what it purports to show at the relevant time.