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Criminology & Justice Unit 3 & 4 Notes Latest with summary points (100% Well Enlightened) $16.49   Add to cart

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Criminology & Justice Unit 3 & 4 Notes Latest with summary points (100% Well Enlightened)

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Unit 3: Non-Forensic Evidence 1. Video Evidence 2. Surveillance and the Law Unit 4: Long-Term Investigations 1. Long-Term Investigation Basics 2. The Confidential Informant

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  • March 31, 2022
  • 29
  • 2022/2023
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Criminology & Justice Unit 3 & 4 Notes Latest

with summary points (100% Well Enlightened)




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Unit 3: Non-Forensic Evidence

1. Video Evidence

2. Surveillance and the Law

Unit 4: Long-Term Investigations

1. Long-Term Investigation Basics

2. The Confidential Informant



Unit 3: Non-Forensic Evidence




: Video Evidence



Preservation of Surveillance Footage

● Although surveillance video is common, there is no bright line rule for video preservation

○ bright line rule- a standard that can be uniformly applied in every case so that no

individual assessment needs to be made

● Recording systems work many different ways

○ Some systems automatically erase recordings, while others only allow manual

erasure

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● Some recordings are lost or destroyed before litigation has even begun

● Spoliation of evidence may result in punishment-- even before lawsuits or criminal cases

have begun

○ Intentionally editing or deleting video related to a crime counts as spoliation of

evidence

● Anyone who owns a surveillance camera should save footage as long as its seems prudent

● If there is a legal issue, the owner has an obvious duty to reserve footage

● In some jurisdictions, the owner has no formal duty until asked to preserve footage

● But to be safe, people should preserve videos until they’re sure it won’t be needed

○ This duty may also apply to the camera owner’s lawyer

○ Laws assume lawyer will understand evidence rules well enough to advise their

clients to save footage

● Business owners who use fake surveillance cameras may end up in legal trouble

○ These cameras can create a false sense of security in employees or customers

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○ This can become a liability for the business

● Business owners are responsible for understanding their surveillance systems

○ If they erase crucial footage, they cannot use the excuse that it was accident

because they didn’t know how their video system worked

○ Owners need to train their employees in the systems as well

○ Knowledge of the surveillance system must include how to enable time and date

stamps

● Owners of surveillance systems should err on the side of caution when choosing how

much footage to preserve

● It is wisest to preserve footage both before and after the relevant events in case something

is missed

Authentication

● Courts consider three areas of inquiry when deciding whether to admit a video into

evidence

○ Were the camera and recording system operating properly and maintained

correctly?

○ Did the video footage accurately show what happened?

○ Was the chain of custody unbroken?

Problems with Video Evidence

● Law enforcement can follow best practices to minimize problems

Privacy

● Recording people can raise issues with the right to privacy

● The Fourth Amendment of the Constitution protects the right to privacy

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