What is the duty of the federal government to preserve evidence in the context of sexual assault cases?
California, United States of America
The following excerpt is from Michael L., In re, 216 Cal.Rptr. 140, 39 Cal.3d 81, 702 P.2d 222 (Cal. 1985):
Over 10 years ago, this court held that the government has a duty to preserve evidence material to the accused's guilt or innocence. (People v. Hitch (1974) 12 Cal.3d 641, 652, 117 Cal.Rptr. 9, 527 P.2d 361.) Today, the majority decline to protect the integrity of that truth-finding process by failing to recognize a duty to seize such evidence.
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