Title: Preserving Evidence in Criminal Cases | Justia
Headings: Preserving Evidence
Preserving Evidence
Types of Evidence to Preserve
Motions to Preserve Evidence
Agencies Responsible for Preserving Evidence
Consequences of Losing or Destroying Evidence

Content: Consequences of Losing or Destroying Evidence
A court will not sanction the prosecution on its own if the prosecution loses or destroys evidence. A defendant or their attorney will need to raise the issue. They will need to show that the government acted in bad faith in violating the duty to preserve evidence, and they also need to show that the evidence was material and exculpatory, such that their right to a fair trial was violated. If the defendant succeeds, the court might suppress the related evidence or limit testimony about it. In some extreme cases, the court might even dismiss the case. If the issue does not arise until after a conviction, an appellate court might overturn the conviction and order a new trial. Proving bad faith requires showing intentional misconduct by the government, rather than mere carelessness. A failure to follow procedures can suggest bad faith, but it is a challenging standard to meet. Proving that the evidence was material requires showing that the government should have known that the evidence was exculpatory. The defense also needs to show that no other available evidence could have served the same purpose.