Construct · 5 fields · 12 citations
One name. Different field. Different construct. One map.
● jingle · one word, five constructs Nearest construct by meaningarchivecompare the meaningsEvery construct on the map is compared with every other by the meaning of its definitions, and the closest one is surfaced here. The nearest construct to custody is archive.
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The documented sequence of people who held an item of evidence from the moment it was collected to the moment it is offered, so that the court can be satisfied it is what the proponent says it is. Federal Rule of Evidence 901(a) sets the bar: evidence sufficient to support a finding that the item is what it is claimed to be, and a chain of custody is one way to clear it, not a separate requirement. Casey's treatise applies the idea to digital evidence, where a hash value can stand in for a sealed bag, and Lone and Mir proposed in 2019 that a blockchain ledger could record each transfer so that the chain itself becomes tamper-evident. Custody here is a history of possession offered to prove identity and integrity, and a gap in it goes to weight rather than admissibility in most courts.[1][2][3]
The reach of a party's obligation to produce documents. Federal Rule of Civil Procedure 34(a) requires production of items in the responding party's possession, custody, or control, and the third word does most of the work: a party controls a document it does not hold if it has the legal right, or in some circuits the practical ability, to obtain it. The Sedona Conference's 2016 commentary catalogued the split between the legal-right and practical-ability tests and argued for the former. The same word names a person: in document review a custodian is the individual whose mailbox, drive, or files are collected, and a review is scoped by a custodian list before it is scoped by anything else. Custody here is a relation between a litigant and a record that triggers a duty to produce, and it can exist without physical possession.[4][5]
The allocation between separated parents of the right to make decisions for a child (legal custody) and the right to have the child live with them (physical custody), each of which may be sole or joint. The Uniform Marriage and Divorce Act §402 fixed the governing standard in 1970 as the best interests of the child and listed the factors a court weighs: the parents' wishes, the child's wishes, the child's relationships and adjustment, and everyone's health. Emery, Otto, and O'Donohue reviewed in 2005 the custody evaluations courts commission from psychologists and found that the instruments used had little validity for the questions asked. Custody here is a bundle of parental rights assigned by a court under an open-ended standard, and the child, not a record, is its object.[6][7]
The condition of a suspect that obliges police to give warnings before questioning. Miranda v. Arizona held in 1966 that statements produced by custodial interrogation are inadmissible unless the suspect was first told of the right to silence and to counsel, and defined custody as being taken into custody or otherwise deprived of freedom of action in any significant way. Berkemer v. McCarty applied the rule to a roadside stop in 1984 and settled the test: whether a reasonable person in the suspect's position would have understood the situation as a formal arrest or a restraint of comparable degree, judged objectively and without regard to the officer's unstated intent. Custody here is a state of the suspect that turns on the objective circumstances of the encounter, and its consequence is suppression of what the suspect said.[8][9]
Continuous, accountable possession of records by their creator and then by the archive, treated as the source of their authenticity. Jenkinson made unbroken custody a defining property of an archive in 1922: a document that has left the line of official custody has lost the guarantee that it was kept impartially, and the archivist's first duty is to preserve that line. Ham argued in 1981 that electronic records and the sheer volume of paper had made physical custody by an archive impossible, and proposed a post-custodial strategy in which archivists manage records where they are. Cook's 1997 history traced the shift from custody to provenance and context as the ground of the discipline. Custody here is a property of the institution holding a record, and the argument is whether the archive must hold it at all.[10][11][12]
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