Module 11 :: Pretrial Issues
Topic 1 :: Discovery Issues Related to DNA Evidence
Basic Discovery—The Duty to Preserve (cont.)
Youngblood remains the governing Federal law today. 4 However, several States have applied a different standard, under their respective constitutions or criminal discovery statutes, and do not require proof of bad faith when contesting the destruction of potentially exculpatory evidence. 5 In some States, the focus is on the duty to preserve material evidence; others look at whether the evidence that was destroyed might have been material and weigh its potential importance against the evidence used to convict.
Continued