Imagine the Crime Scene

A homicide scene is taped off. A body lies on the ground. Shell casings are scattered nearby. A bloody knife is found a few feet away.

But instead of trained, certified evidence technicians, the court contracts with a “capture vendor.”

A person with no forensic license, no evidentiary oath, and no statutory authority walks onto the scene with a camera and a plastic bin. They take photos. They scoop up objects. They drop them into generic bags. No standardized chain-of-custody logs. No sworn evidence officer. No certification of methods. No testimony-ready professional whose career, license, and liberty are on the line for the integrity of what they collect.

The evidence is then driven to a warehouse.

Weeks later, another person — not a forensic analyst, not licensed, not court-appointed — opens the bags and begins “processing.” They decide which shell casing belongs to which marker. They label samples. They discard “irrelevant” material. They generate reports.

Finally, a document is produced:
“Evidence summary of the crime scene.”

The court is told:
“Don’t worry. It’s accurate. The system worked.”


What Happens the First Time That Evidence Is Challenged

Defense counsel stands up and asks very basic questions:

• Who collected this evidence?
• What training did they have?
• Were they licensed?
• Under what legal authority did they touch it?
• Where was it stored?
• Who accessed it?
• What logs exist?
• Who decided what was relevant?
• Who can testify to its integrity?
• Who is certifying this as a true and accurate representation of the scene?

No sworn evidence officer stands.

No certifying professional raises their hand.

No one can testify from personal knowledge of the scene and the evidence simultaneously.

The prosecution now has a box of objects and a stack of papers — but no evidentiary spine.

Every item becomes vulnerable:
Chain of custody breaks.
Authentication fails.
Contamination is alleged.
Tampering is plausible.
Selective capture is unprovable.
Context is lost.

The “evidence” is no longer evidence. It is material.


What the Court Would Have to Do

The court would be forced to reconstruct legitimacy after the fact.

They would need:
• multiple witnesses to establish foundation
• vendor employees to testify to system design
• warehouse workers to testify to storage
• processors to testify to labeling decisions
• IT staff to testify to data integrity
• experts to opine on reliability

Every criminal trial would begin with a mini-trial about whether the evidence is evidence.

Costs would explode.
Delays would multiply.
Appeals would skyrocket.
Wrongful convictions would become easier.
Legitimate convictions would become harder.

Public trust would erode.

And eventually, after enough collapsed cases, overturned verdicts, and civil suits, legislatures would intervene and say:

“Only licensed, accountable professionals may create criminal evidence.”

Because evidence is not data.

Evidence is a legal construct.


Now Translate That Back to the Legal Record

This is exactly what is happening when courts treat the legal record as something that can be “captured” by a device and later “processed” by unlicensed transcribers.

The transcript is not a clerical product.

It is the evidentiary artifact of the proceeding.

A certified stenographic reporter plays the same structural role in civil and criminal proceedings that a licensed evidence technician plays at a crime scene:

• present at the moment evidence is created
• trained to capture it correctly
• empowered to intervene when integrity is threatened
• bound by statute and ethics
• able to testify
• required to certify
• personally accountable

Remove that role, and you do not modernize the system.

You dismantle the evidentiary chain.

You replace sworn creation with casual capture.

You replace legal provenance with technical convenience.

You replace admissibility with hope.


The Deeper Consequence

In your imagined world, no one would tolerate unlicensed people processing bullets, blood, and fingerprints.

Because everyone understands that evidence must be born inside a legal framework — not laundered into one later.

The legal record is no different.

Testimony, objections, rulings, admissions, and procedural moments are not “content.”

They are events that create rights, burdens, waivers, and consequences.

Once they occur, they cannot be recreated.

They must be captured correctly the first time.

By someone authorized to do so.


🔹 Disclaimer

This article is a public-interest commentary on court record creation, evidentiary standards, and professional frameworks. It is not legal advice. The views expressed are the author’s own and are offered to encourage discussion among legal professionals, policymakers, and the public about how official court records are created, certified, preserved, and relied upon within the justice system.

Published by stenoimperium

We exist to facilitate the fortifying of the Stenography profession and ensure its survival for the next hundred years! As court reporters, we've handed the relationship role with our customers, or attorneys, over to the agencies and their sales reps.  This has done a lot of damage to our industry.  It has taken away our ability to have those relationships, the ability to be humanized and valued.  We've become a replaceable commodity. Merely saying we are the “Gold Standard” tells them that we’re the best, but there are alternatives.  Who we are though, is much, much more powerful than that!  We are the Responsible Charge.  “Responsible Charge” means responsibility for the direction, control, supervision, and possession of stenographic & transcription work, as the case may be, to assure that the work product has been critically examined and evaluated for compliance with appropriate professional standards by a licensee in the profession, and by sealing and signing the documents, the professional stenographer accepts responsibility for the stenographic or transcription work, respectively, represented by the documents and that applicable stenographic and professional standards have been met.  This designation exists in other professions, such as engineering, land surveying, public water works, landscape architects, land surveyors, fire preventionists, geologists, architects, and more.  In the case of professional engineers, the engineering association adopted a Responsible Charge position statement that says, “A professional engineer is only considered to be in responsible charge of an engineering work if the professional engineer makes independent professional decisions regarding the engineering work without requiring instruction or approval from another authority and maintains control over those decisions by the professional engineer’s physical presence at the location where the engineering work is performed or by electronic communication with the individual executing the engineering work.” If we were to adopt a Responsible Charge position statement for our industry, we could start with a draft that looks something like this: "A professional court reporter, or stenographer, is only considered to be in responsible charge of court reporting work if the professional court reporter makes independent professional decisions regarding the court reporting work without requiring instruction or approval from another authority and maintains control over those decisions by the professional court reporter’s physical presence at the location where the court reporting work is performed or by electronic communication with the individual executing the court reporting work.” Shared purpose The cornerstone of a strategic narrative is a shared purpose. This shared purpose is the outcome that you and your customer are working toward together. It’s more than a value proposition of what you deliver to them. Or a mission of what you do for the world. It’s the journey that you are on with them. By having a shared purpose, the relationship shifts from consumer to co-creator. In court reporting, our mission is “to bring justice to every litigant in the U.S.”  That purpose is shared by all involved in the litigation process – judges, attorneys, everyone.  Who we are is the Responsible Charge.  How we do that is by Protecting the Record.

2 thoughts on “Imagine the Crime Scene

  1. This is why the words “We, as certified shorthand reporters (court reporters), do what we do the way we do it and have done it for the better part of human history for a reason” will ring in the ears of those that acted without knowledge in that they unknowingly or perhaps somewhat knowingly (dramatic… yes, but it’s serious) acted out of greed and/or misinformation in treating the record with disrespect.

    D

    Like

Leave a comment