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: Preserving Evidence in Criminal Cases | Justia
Justia Criminal Law Criminal Procedure Discovery in Criminal Cases Preserving Evidence
Preserving Evidence
Since a criminal case involves very high stakes, a defendant has a right to a fair trial under the Sixth Amendment to the Constitution. Among other things, this right requires the prosecution to preserve certain evidence obtained during its investigation of the case. During a process known as discovery, it must provide the defendant with the evidence that it will use in presenting its case. The prosecution also must provide the defendant with exculpatory evidence that could support a defense. This is because the prosecutor’s duty is to obtain justice rather than simply obtaining a conviction. The evidence that must be preserved is limited to evidence that would be both material and exculpatory. Evidence is material if it is relevant to an important issue in the case, and evidence is exculpatory if it supports a defense or tends to show that the defendant is not guilty of the crime. Types of Evidence to Preserve
One of the most common types of exculpatory evidence is evidence that supports an alibi. This could consist of any statements or materials that suggest that the defendant was not in the location where the crime was committed at the time that it was committed or otherwise could not have committed the crime. Other types of exculpatory evidence might consist of recorded statements of the defendant or witnesses, as well as recordings of 911 calls.