U.S. flag

An official website of the United States government, Department of Justice.

Democrats have shut down the government. Department of Justice websites are not currently regularly updated. Please refer to the Department of Justice’s contingency plan for more information.

DNA - A Prosecutor’s Practice Notebook Inventory

Reopening Closed or Cold Cases

Home  |  Glossary  |  Resources  |  Help  |  Contact Us  |  Course Map
 

Photo of an old case file folder with DNA evidence
National Institute of Justice (NIJ) (see reuse policy).

Occasionally in reopening closed or cold cases, a prosecutor may discover the relevant DNA evidence was not preserved or has been destroyed. Neither the destruction nor failure to preserve is a due process violation absent a showing of bad faith by the police, prosecutor, or laboratory Arizona v. Youngblood, 488 U.S. 51; 109 S.Ct. 333; 102 L. Ed.2d 281 (1988)].
 

Back Forward