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Adverse inference. https://definitions.uslegal.com/a/adverse-inference/ https://definitions.uslegal.com/a/adverse-inference/ Given the evidence was exculpator
by salawat 4y ago
Adverse inference.
https://definitions.uslegal.com/a/adverse-inference/ https://definitions.uslegal.com/a/adverse-inference/
Given the evidence was exculpatory in nature, the court must assume the worst of it's impact on the State's case.
- rayiner 4y agoAn adverse inference doesn’t mean that the court ignores the nature of the documents (what could they be) or the other evidence in the case.
- everforward 4y agoI think there's a fair argument that the destruction of potentially exculpatory evidence creates per se reasonable doubt. I.e. there is no incriminating evidence that can remove any reasonable doubt that the exculpatory evidence may have proved their innocence. Another issue is that due process has been broken in a way that can never be restored. I'm a little leery of continuing prosecution under those conditions, given that due process is the underpinning of a just legal system.