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Better would be the inverse of the consequences when the defendant erases evidence - you just assume the destroyed evidence was whatever is worst for the prosec
by generalizations 4y ago
Better would be the inverse of the consequences when the defendant erases evidence - you just assume the destroyed evidence was whatever is worst for the prosecution and best for the defence.
- AlbertCory 4y agoIf the defendant erases evidence, he gets prosecuted for that. I don't think "you just assume" is ever what happens in a criminal case. IANAL.
- torstenvl 4y agoSome jurisdictions have an "adverse inference" instruction for exactly this situation. I'm partial to WV's (I may be biased). https://pds.wv.gov/attorney-and-staff-resources/research-center/legal-resources/Documents/Jury%20Instructions/5.19.docx https://pds.wv.gov/attorney-and-staff-resources/research-cen...