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Posted: May 1st, 2022
Best evidence rule implemented into the US
court system
Best evidence rule implemented into the US court system
During trial preparation, you are directed by the Assistant U.S.
Attorney (AUSA) to bring the tapes of intercepted conversations
involving a prime suspect in your case to her office. You provide
the evidence custodian with the necessary paperwork and are
waiting for the tapes to be produced. After 20 minutes, the
custodian comes back and asks if you are sure you have provided
the correct case and exhibit numbers. You verify the numbers and
are told the original tapes cannot be found.
You immediately inform your supervisor, who is understandably
concerned. You have the paperwork documenting the fact that
the tapes were transferred to the custody of the evidence
custodian. The other agents in the office are asked whether they
have any knowledge of this matter. No one has any idea as to
what happened to the original tapes.
You and your supervisor call the AUSA and explain to her what
has happened. She is furious and tells you not to be surprised if
the judge throws out the entire case. You remind her that she has
duplicate copies in her possession and that you have your working
copies as well. She says her copies were barely audible, and
apparently there was some problem with the recording
equipment. You decide to do some research on the best evidence
rule.
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