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Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority. [1] It is a criminal offense in many jurisdictions. [2]
Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution. In practice, this doctrine has often proved difficult to enforce. Some states have established their own laws to try to strengthen enforcement against prosecutorial misconduct in this area.
The New York State Police Troop C scandal involved the fabrication of evidence by members of the New York State Police, which was used to convict suspects in Central New York. The scandal involved a range of cases, including two separate murder cases, and resulted in 4 troopers serving time in prison.
In 1982, in response to concerns that the obstruction law did not provide adequate protection to crime victims and other witnesses, Congress broadened the law against witness tampering and criminalized retaliation against witnesses, as part of the Victim and Witness Protection Act.
People v. Sandoval is a 1974 opinion by the Court of Appeals of the State of New York [1] [2] that "trial court must balance the 'probative worth of evidence of prior specific criminal, vicious or immoral acts on the issue of the defendant's credibility on the one hand, and on the other the risk of unfair prejudice to the defendant'".
Some states still use the term "accessory after the fact"; others no longer use the term, but have comparable laws against hindering apprehension or prosecution, obstruction of justice, tampering with evidence, harboring a felon, or the like. Such crimes usually require proving (1) an intent to hinder apprehension or prosecution and (2) actual ...
Under New York State law, falsifying business records in the second degree is a class A misdemeanor, while falsifying business records in the first degree is a class E felony. [1] The elements for the misdemeanor second-degree crime are: A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:
Articles relating to tampering with evidence, an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority.