Preservation+of+Evidence


 * Preservation of Evidence**

• There is no PA state law that requires the preservation of evidence • 26 states have laws for the preservation of evidence • Bills have been suggested in PA for the preservation of evidence • Even states with laws to preserve evidence have very limited laws such as: • Laws may allow inmates to have DNA testing done but the evidence may be lost, destroyed, or contaminated because it is not stored properly • DNA evidence is the only chance inmates may have to prove their innocence • 220 exonerations have been made possible through DNA testing because the evidence has been preserved • Congress passed the Justice for All Act in October of 2004 to provide money to states to preserve evidence • Some of the issues surrounding the preservation of evidence is the room available and the cost • DNA evidence has allowed some people to go free and it has also put some people in prison even if it was a “cold case” • The Innocence Project wants all evidence to be preserved throughout the imprisonment of an individual
 * Evidence could be thrown out too soon
 * Evidence only needs to be preserved for certain crimes
 * Not enough punishment for those who destroy evidence
 * Virginia- The sate requires that if a person is sentenced to death, the evidence has to be saved until they are put to death and in cases that are not death penalty, evidence must be saved for 15 years unless the court says it can be throw out
 * Michigan- The state requires that evidence be preserved in all felonies where the person was convicted before January 1, 2001 and it has to be preserved for as long as they are in prison

False Convictions- Case One - James Ochoa Case Two- Brandon Moon

Innocents