Prosecutors need compelling evidence to bring charges against individuals. They need proof that can convince the courts beyond a reasonable doubt that the defendant broke the law. Once prosecutors feel satisfied that they have met the burden of proof, they can bring charges against an individual.
If the defendant does not plead guilty, then the matter might go to trial. Challenging the evidence presented by the prosecution is a relatively common defense strategy. What types of evidence may be compromised by challenges brought by defense attorneys?
Evidence involving junk science
Some police departments and prosecutor’s offices rely on outdated scientific or forensic practices. They might still perform blood spatter analysis despite a lack of credible, peer-reviewed evidence about the accuracy of this process. Lie detector or polygraph tests are another example of seemingly valid forensic evidence that does not hold up under scrutiny. Defense attorneys can challenge the state’s case when prosecutors rely on junk science.
Inappropriately collected evidence
Defense attorneys can sometimes challenge credible evidence and ask the courts to set it aside. In scenarios where police officers or other parties may have violated the law or the rights of a defendant, the evidence collected through that misconduct may not be admissible during criminal proceedings. Proving that police committed a Miranda warning violation or that they conducted an illegal search could allow a defense attorney to prevent the state from using key evidence during a criminal trial.
Improperly analyzed or handled evidence
There are strict standards in place for securing crime scenes, collecting evidence and analyzing physical evidence. Any deviation from best practices could undermine the viability of the state’s evidence. Gaps in chain of custody records regarding the transportation and testing of evidence could result in its exclusion from criminal proceedings. Proof that one party altered video footage or photographs could also prompt the exclusion of otherwise valuable evidence from a criminal trial. Attorneys sometimes find technical mistakes or bring in expert witnesses to prove that the state didn’t follow best practices when handling or reviewing certain types of evidence.
Raising questions about the validity, legality or accuracy of evidence can be a key component of a successful criminal defense strategy. Those who have proper support can review the state’s evidence and determine the best response to pending charges.
