Title: Preservation Of Evidence - Innocence Project
Headings: Preservation Of Evidence
Preservation Of Evidence
Preserving DNA evidence preserves the ability to prove innocence.
Do all states require the preservation of crime scene evidence?
Has any federal guidance been provided to states and localities to properly preserve biological evidence?
Key Facts:
Not all states that require the preservation of evidence succeed in fulfilling their mission.
What are some common shortcomings in existing statutes?
What should be contained in a statute requiring the preservation of evidence?
Ideally, legislation requiring the preservation of evidence will include the following provisions:
Case in Point: Robin Lovitt – Virginia Death Row Inmate

Content: Not all states that require the preservation of evidence succeed in fulfilling their mission. Even when a state is amenable to testing post-conviction biological evidence and provides access to individuals who have petitioned to have the DNA evidence associated with their case tested, the Innocence Project has uncovered examples of cases where that evidence has not been preserved. Oftentimes, this is because evidence is destroyed during the window of time between conviction and the filing of a post-conviction petition for testing or re-testing of the biological evidence. What are some common shortcomings in existing statutes? • Some legislation limits the preservation of evidence to only certain crimes. • Nearly every state with legislation calling for the preservation of evidence allows for its premature disposal. • By failing to provide a legal remedy when evidence is lost or destroyed, most states deny the innocent any legal recourse. What should be contained in a statute requiring the preservation of evidence? Elements of a meaningful preservation law, either as an amendment to a post-conviction DNA testing access statute, or as a separate bill, must include: • The preservation of all items of physical evidence relating to felony crimes, regardless of whether an individual files a petition for post-conviction DNA testing.