1
Criminology & Justice Unit 3 & 4 Notes Latest
with summary points (100% Well Enlightened)
Covers
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
, 2
● 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
, 3
○ 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
Criminology & Justice Unit 3 & 4 Notes Latest
with summary points (100% Well Enlightened)
Covers
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
, 2
● 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
, 3
○ 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
