3 ms·
Yes it does. Especially when the nature of the evidence is exculpatory, and was in the State's custody at time of the proceeding, and maliciously destroyed by a
by salawat 4y ago
Yes it does. Especially when the nature of the evidence is exculpatory, and was in the State's custody at time of the proceeding, and maliciously destroyed by a State actor. Adverse inference is a two way street. If you want to use it as justification to help the Prosecution when a Defendant destroys evidence, it must work the other way around as well. Due Process was thwarted.
- duxup 4y ago>evidence is exculpatory So now you potentially go to trial with that evidence.
- thalassophobia 4y agoHow exactly is that possible if said evidence has been destroyed by a state actor?