Evidence+Preservation

= Evidence Preservation = By: Talia Richelieu, Kelly Feher, and Venus Fontanez

**What is [|Evidence Preservation?] ** Evidence Preservation is keeping evidence found safe from being contaminated or lost, such as DNA, fingerprints, weapons, blood, files, documents, and etc. Physical and biological evidence assist with solving crimes due to the fact that it can be matched to the perpetrator. When evidence is destroyed, justice is usually not found. This may cause innocent people to be convicted and guilty people to be acquitted. The process of getting DNA evidence can take years due to the process and cost of this type of testing. ** [|Collection and Preservation] of Evidence** Careful handling and care should be put into place in order to prevent contamination, misplacement, hazardous situations, such as evidence with blood containing HIV, and etc. When unsure, officers should contact the person in charge of the evidence, which may be the laboratory personnel or evidence collection technicians. The Mobile Evidence System [|(MEPS)] makes it easier to collect and preserve evidence. ** [|Contamination] of Evidence** Evidence, such as DNA, can be ruined by sneezing, coughing, touching of the body parts, mishandling, and much more. There are steps when collecting evidence that must be followed. First, gloves must be worn at all time when entering a scene that involves collecting evidence. Next, avoid touching, sneezing, coughing, and talking over the area where evidence exist. Also, while collecting the evidence, avoid touching the mouth, nose, eyes, and other body parts. Evidence must be air-dry thoroughly before packaging it. ** [|Transportation and Storage] of Evidence** Different evidence involves different handle and storage. Evidence should be sealed safely and labeled that way it is easily identified when transported. For example, DNA should not be kept in a plastic bag to prevent damages. DNA should not be kept in sunlight or warm temperatures, but instead at room temperature. ** [|Elimination Samples] of Evidence** The Victim's DNA should be collected as well as family members to eliminate any possible suspects. This will assist the investigation to move faster in order to be solved. After the evidence is collected, it should be preserved instead of disposed. ** [|PA Rules] of Evidence Preservation** In civil cases, the evidence involves files, papers, documents, and etc. The plaintiff has the right to preserve the evidence or notify the defendant before it is destroyed. In some cases, the defendant is granted the right whether he or she would like the evidence destroyed, but in other cases, the plaintiff is granted this right. The courts assume that the plaintiff breached their duty to preserve the evidence. ** [|Texas Rules] of Evidence Preservation** In a criminal case, evidence must be preserved if the defendant is convicted. This applies when evidence was in possession of the state during the prosecution and when it is necessary in order to identify the person who committed the crime or exclude a person who was suspected of the crime but did not commit it. The evidence id required to be held until the convict dies, completes his sentence, or is release for parole. If the defendant is sentenced to a term of imprisonment, then a clerk, attorney, or officer must notify the defendant by mail to make the decision of destroying the evidence or not. ** [|California Rules] of Evidence Preservation** In a civil case, a petition must be filed in the superior court in order to preserve evidence, which includes documents, physical and mental examinations, or oral and written depositions. The petition must set forth a set of numerous information in order to be set into place. ** [|Government Rules] of Evidence Preservation** All evidence that relates to identification of a defendant must be preserved by all government agencies to secure a conviction in a criminal case. The portion of the evidence that was used to convict the defendant must be kept. [|Justice for All Act] was passed by the congress in 2004 stating that it is required to preserve evidence in all federal cases, but this does not apply to state cases. ** [|Statistics] and Other Facts** More than 400 people convicted have been exonerated due to DNA testing, which is why it is extremely important to follow the procedure of handling and preserving evidence. Due to DNA being unavailable, as many as 40% of men who were convicted for before [|rape] 1989 may be innocent. In the United States alone, there are about 520,000 false allegations of rape each year, which accounts for 98.1% of all reported cases. With the help of DNA evidence, these facts can be determined to assist who is guilty and who is not, which is why it is very important to preserve evidence.