What is the legal definition of preserving evidence?

Question

Is it:
A. The taking of action to secure testimony before a trial which might not be available at the time of trial
B.The taking of action to secure testimony before a trial as a matter of convenience

Thanks for any replies. I am having a tough time with this one; I am studying for my finals.

Answer 1

The correct answer is "A"!

In the process of obtaining evidence, it should be maintained so that the integrity and credibility of evidence can be used in either discipline proceedings, civil court, and/or criminal court.

This includes maintaining proper chain of custody, proper documentation and evidence handling procedures, and proper evidence storage procedures.

In your second answer option the "trick" words were "matter of convenience!"

When it's a matter of proving or disproving the facts of a case...one would want the evidence as a matter of fact.....not convenience!

Best wishes!

Answer 2

The idea of preserving evidence, whether it be real or testimonial, is to ensure that it will be available for introduction at trial. That is why attorneys will always interview witnesses, victims, members of law enforcement, etc., thoroughly before trial and will have them sign affidavits or give depositions whenver possible if there is any reason to believe that person may not be available to testify at trial. Remember, a judge isn't interested in what you know -- he/she is only interested in what you can prove, so any time you assert ANYTHING as fact you better have evidence to back it up. So the correct answer is A.

Answer 3

Well, I would think if you look at what evidence is (by nature), and what the procedure is, then it would be A. They secure evidence for trial that might not be available at the time of trial. Finger prints, and other physical evidence, as well as eye-witness accounts are all time-sensitive, and could be distorted or disappear over time. So they secure it all right away, when they have the most accurate evidence/account.

Good luck!!

Answer 4

preserving evidence in relation to physical evidence can be preserving blood, dna, or other material which may begin to decompose or become contaminated. A blood soiled garment would be air dried and preserved in a paper bag, not a sealed plastic bag where bacteria could grow.
Another area could be preserving evidence at a crime scene.
Officers protect the scene by only allowing authorized personnel, then documenting evidence by notes, photography, & collection.

Answer 5

I thought it was not to alert the evidence in any fashion no new figure prints and or blood added or removed. It is a felony as I recall to alter evidence,

that's because you can change the out come of the trail but altering it.