Duty collection and use of criminal evidence huang wei zhi lei jian chang zhang bin zhu on amazoncom free shipping on qualifying offers duty collection and use of criminal evidence. Common law it is within the power of and is the duty of constables to retain for use in court things which may be evidence of crime and which have come into possession of constables without. The government has a duty to preserve certain types of evidence it collects during criminal investigations and prosecutions this duty exists in order to protect a defendants rights to due process and a fair trial under the sixth and 14 th amendments to the us constitution the duty relates to the requirement that the government disclose evidence it will use against the defendant at trial as well as any evidence that is favorable to the defendant. The crown must preserve evidence on a close case for the purpose of disclosing it should charges arise there is a duty to preserve evidence that arises from the right to full answer and defence police are not obliged to preserve everything that comes into their hands on the off chance that it will be relevant in the future
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