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]
Tampering with evidence is closely related to the legal issue of spoliation of evidence, which is usually the civil law or due process version of the same concept (but may itself be a crime). Tampering with evidence is also closely related to obstruction of justice and perverting the course of justice, and these two kinds of crimes are often charged together. The goal of tampering with evidence is usually to cover up a crime or with intent to injure the accused person.[3][4]
Spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding.[5] Historically, it has also sometimes been referred to as the spoilage of evidence.[6]
The spoliation inference is a negative evidentiary inference that a trier of fact can draw from a party's destruction of evidence that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding: the finder of fact can review all evidence uncovered in as strong a light as possible against the spoliator and in favor of the opposing party.
However, in U.S. federal courts, updates to the Federal Rules of Civil Procedure in 2015 have resulted in significant decline in spoliation sanctions.[7]
The theory of the spoliation inference is that when a party destroys evidence, it may be reasonable to infer that the party had "consciousness of guilt" or other motivation to avoid the evidence. Therefore, the fact-finder may conclude that the evidence would have been unfavorable to the spoliator. Some jurisdictions have recognized a spoliation tort action, which allows the victim of destruction of evidence to file a separate tort action against a spoliator.[8]
警察が市民の写真や警察官の不正行為の録音を押収[ 2 ]または破棄した場合、破棄された録音が警察官自身に対する刑事または規制上の調査における潜在的な証拠である場合、警察による証拠破棄行為は証拠改ざん行為として訴追される可能性がある。[ 9 ]
証拠改ざんに対する罰則は国や州によって大きく異なり、特に状況の深刻度によって左右されます。ほとんどの場合、犯罪として扱われ、罰金、保護観察、または懲役刑が科される可能性があります。重大な犯罪や重大な捜査において証拠を改ざんした場合、受ける罰則はより重くなります。[ 10 ]