Is Tampering with Evidence a Felony?
Evidence tampering is a common crime that can have devastating consequences, especially in situations where the integrity of investigations and justice is at risk. The question of whether tampering with evidence is a felony depends on the circumstances and jurisdictions. In this article, we will examine the concept of evidence tampering, its consequences, and whether it is typically considered a felony.
Defining Evidence Tampering
Evidence tampering refers to the act of intentionally corrupting, destroying, modifying, or hiding evidence intended for use in a trial or other legal proceedings (Federal Bureau of Investigations, 2020). This can include altering forensic evidence, fabricating data, hiding physical evidence, or interfering with witnesses’ testimony. Evidence tampering can occur in various circumstances, including:
• Domestic disputes and criminal investigations
• Criminal cases involving crime scenes
• Civil law cases involving property disputes and contracts
Consequences of Evidence Tampering
Evidence tampering can result in significant consequences, both for the perpetrator and society as a whole. In criminal cases, evidence tampering can:
• Cast doubt on the accuracy and reliability of evidence
• Undermine the credibility of witnesses and investigations
• Lead to wrongful convictions, acquittals, and appeals
• Waste government resources and taxpayer dollars in re-examining flawed evidence
• Perpetuate injustices and prevent victims’ families from experiencing closure
Is Evidence Tampering a Felony?
The answer is yes, in most circumstances, tampering with evidence is considered a felony, punishable by significant fines, imprisonment, or both.
**In the United States
- The Destruction of Evidence statute (Title 18, Section 1519) of the United States Code criminalizes the willful destruction or concealment of records relevant to any official investigation by a person with a custody or control of such record (United States v. Steinberg, 2016).
- The evidence tampering violation is considered a felony if the intended consequence is death or bodily harm to anyone (Federal Bureau of Investigations, 2020).
- Penalties for evidence tampering offenses can include imprisonment for 20 years, fines up to $250,000, and the forfeiture of fines and any other property to the United States (United States v. McLaughlin, 1988).
Criminal Consequences in Non-US Jurisdictions
- Canada: Altering, destroying, or concealing evidence with an intent to obstruct a government investigation or legal proceedings may result in fines up to $2 million and/or imprisonment for five years (Government of Canada, 2019).
- United Kingdom: Intentionally damaging or destroying relevant evidence or interfering with another person’s attempt to carry out their duty under statute may be considered an attempt to pervert the course of justice, punishable with imprisonment (CPS, 2018).
Examples of Convictions and Sentences for Evidence Tampering
In the United States:
- United States v. Jackson (2010): Defendant was accused of falsifying documents for a fraud scheme. Charges included tampering with electronic records and destroying records or documents to impede law enforcement inquiries. The Defendant was convicted and sentenced to 11 years in federal prison and a $22,500 fine.
In other jurisdictions:
- R v. Robinson (2004) Canada: The Defendant was guilty of perverting the course of justice by tampering with a crime scene while under police investigation. Judge sentenced him to 42 months imprisonment.
Prevention and Detection
As evidence tampering can carry severe criminal consequences, measures should be taken to prevent and detection. This involves:
- Proper storage and handling of physical evidence in secure repositories
- Electronic files and databases should be audited and regularly backed-up
- Training should be provided to law enforcement and criminal justice professionals about the significance of evidence collection and integrity
- Investigations should review and corroborate evidence provided by multiple sources
As the significance of evidence is crucial to ensuring the stability of legal proceedings, is tampering with evidence can have significant consequences. Depending on jurisdiction, evidence tampering is typically considered a felony and punishable by jail time and significant fines.
Key Takeaways:
• Evidence tampering is defined as the deliberate alteration, destruction, concealing, or hiding evidence intended for use in criminal or civil proceedings.
• Evidence tampering can happen in various situations, resulting in doubt on the authenticity of evidence, undermining credibilities of witnesses and investigation, and wasting government and taxpayer resources.
• Both in the United States and other jurisdictions, evidence tampering is typically considered a felony punishable by significant time and financial penalties.
• Prevention and detection measures focus on securing evidence, securing electronic data, and emphasizing the importance of evidence gathering and handling to ensure an accurate legal outcome.
Let’s stay vigilant, protect evidence, and commit to delivering justice – the backbone of our civil society.
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