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Author Question: Is the prosecution bound to preserve evidence? The police? If so, how? What will be an ideal ... (Read 44 times)

vHAUNG6011

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Is the prosecution bound to preserve evidence? The police? If so, how?
 
  What will be an ideal response?

Question 2

Courts that specialize in domestic violence cases tend to obtain more convictions in this area than do ___________________ ___.
 
  a. traffic courts
  b. traditional courts
  c. civil courts
   d. administrative courts



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14vl19

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Answer to Question 1

The prosecution is constitutionally bound to preserve evidence. This means that the prosecution cannot destroy exculpatory evidence in an effort to gain a conviction. To do so would be a violation of due process.
Not only must prosecutors preserve evidence but so, too, must police. A careful record must be maintained documenting everyone who possessed each item since the time it was acquired by the police, and exactly what was done with the item at each step in the process.
One of the purposes of a chain of custody is to avoid claims by the defense that evidence has been tainted or tampered with.

Answer to Question 2

b





 

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