When a crime has been committed there is evidence. Evidence includes data, statements from suspects and witnesses, as well as items found at a crime scene. The law requires that these things be preserved so that investigators can figure out exactly what happened—how the crime was committed, when it happened, the motive, and who might be guilty of the crime. It is also needed to make a case against a suspect.
Who Is In Charge Of Such Preservation?
Ultimately it is the government who is responsible for preserving evidence. This responsibility falls to its representatives—namely law enforcement officers, prosecutors and defense attorneys.
If evidence is destroyed, a citizen’s Constitutional right to a fair trial, as set forth in the Sixth and Fourteenth Amendments, has been violated. Therefore, preservation is not taken lightly.
5 Types of Evidence That Must Be Preserved
It is impossible to preserve everything, which is why very specific types of evidence must be preserved. According to Nolo.com, this includes material evidence and exculpatory evidence, which is something that can prove that a defendant is innocent. They include the following.
- Evidence from a Crime Scene. What is found at a crime scene is considered material evidence. This can include the murder weapon, fibers and hairs, samples of bodily fluids (especially blood), as well as any photographs taken by police of the crime scene.
- Police Investigation Notes. When the police interview witnesses or suspects, they often take notes. These notes can be used to help further the investigation. The police must turn these notes over to the defense if they can help prove that the defendant is innocent of the crime committed.
- Emergency Phone Calls. 911 phone calls are recorded and can be used in court. A recent example of this was in the Trayvon Martin murder case. George Zimmerman, the defendant, made a 911 call which was used in evidence during the trial. At least one neighbor also made a 911 call which was used during the trial as well.
- Recordings. While it doesn’t happen often, there have been times when statements of witnesses or the accused have been recorded. These recordings need to be preserved and will most likely be used during the trial.
- The Alibi. Considered exculpatory and material, an alibi places the accused somewhere other than the crime scene while the crime was taking place. It proves that the defendant couldn’t have committed the crime.
Have You Been Accused Of A Crime? Call Us Right Away
Preserving evidence is a way to ensure a suspect receives a fair trial, one of their Constitutional rights. Another way to ensure this is by allowing anyone accused of a crime access to legal counsel. If you have been arrested, you have the Constitutional right to an attorney. Contact the law office of John C. Fitzpatrick today if you are looking for legal representation. We are happy to review your case and ensure that you receive the fair trial you’re entitled to.
When a crime has been committed there is evidence. Evidence includes data, statements from suspects and witnesses, as well as items found at a crime scene. The law requires that these things be preserved so that investigators can figure out exactly what happened—how the crime was committed, when it happened, the motive, and who might be guilty of the crime. It is also needed to make a case against a suspect.
Who Is In Charge Of Such Preservation?
Ultimately it is the government who is responsible for preserving evidence. This responsibility falls to its representatives—namely law enforcement officers, prosecutors and defense attorneys.
If evidence is destroyed, a citizen’s Constitutional right to a fair trial, as set forth in the Sixth and Fourteenth Amendments, has been violated. Therefore, preservation is not taken lightly.
5 Types of Evidence That Must Be Preserved
It is impossible to preserve everything, which is why very specific types of evidence must be preserved. According to Nolo.com, this includes material evidence and exculpatory evidence, which is something that can prove that a defendant is innocent. They include the following.
- Evidence from a Crime Scene. What is found at a crime scene is considered material evidence. This can include the murder weapon, fibers and hairs, samples of bodily fluids (especially blood), as well as any photographs taken by police of the crime scene.
- Police Investigation Notes. When the police interview witnesses or suspects, they often take notes. These notes can be used to help further the investigation. The police must turn these notes over to the defense if they can help prove that the defendant is innocent of the crime committed.
- Emergency Phone Calls. 911 phone calls are recorded and can be used in court. A recent example of this was in the Trayvon Martin murder case. George Zimmerman, the defendant, made a 911 call which was used in evidence during the trial. At least one neighbor also made a 911 call which was used during the trial as well.
- Recordings. While it doesn’t happen often, there have been times when statements of witnesses or the accused have been recorded. These recordings need to be preserved and will most likely be used during the trial.
- The Alibi. Considered exculpatory and material, an alibi places the accused somewhere other than the crime scene while the crime was taking place. It proves that the defendant couldn’t have committed the crime.
Have You Been Accused Of A Crime? Call Us Right Away
Preserving evidence is a way to ensure a suspect receives a fair trial, one of their Constitutional rights. Another way to ensure this is by allowing anyone accused of a crime access to legal counsel. If you have been arrested, you have the Constitutional right to an attorney. Contact the law office of John C. Fitzpatrick today if you are looking for legal representation. We are happy to review your case and ensure that you receive the fair trial you’re entitled to.