Spoliation of Evidence is Consciousness of Guilt

[TRFjr]

Spoliation of evidence

The spoliation of evidence is the intentional or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding.[1] Spoliation has two possible consequences: in jurisdictions where the (intentional) act is criminal by statute, it may result in fines and incarceration for the parties who engaged in the spoliation; in jurisdictions where relevant case law precedent has been established, proceedings possibly altered by spoliation may be interpreted under a spoliation inference.

The spoliation inference is a negative evidentiary inference that a finder of fact can draw from a party's destruction of a document or thing that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding: the finder of fact can review all evidence uncovered in as strong a light as possible against the spoliator and in favor of the opposing party.

The theory of the spoliation inference is that when a party destroys evidence, it may be reasonable to infer that the party had "consciousness of guilt" or other motivation to avoid the evidence. Therefore, the factfinder may conclude that the evidence would have been unfavorable to the spoliator. Some jurisdictions have recognized a spoliation tort action, which allows the victim of destruction of evidence to file a separate tort action against a spoliator.[2]

Spoliation of evidence - Wikipedia, the free encyclopedia

would like to inform the forum members that Lois Lerner's computer just happened to crash and hard drive destroyed about 10 days after House Ways & Means Chairman Dave Camp sent a letter asking if the IRS was engaged in targeting in June, 2011.
there for that action falls into the above bolded statement of reasonably foreseeable civil or criminal proceeding

it is a criminal offence to destroy evidence even if it can be used in a reasonably foreseeable civil or criminal proceeding

congress needs to start drawing up criminal charges to all that is involved in the computer crash and destruction of the hard drive. I'm sure when that is done one or more will start rolling over and start naming names

 

[OKTexas]

You have to remember the man with a pen, a phone and his lackey running the DOJ have their backs. They know nothing will happen to them because their dear leader has already declared that there isn't a smidgen of evidence of wrong doing.

 

[KNB]

Is this about Obama or Bush? Because they've both done this.

 

[bripat9643]

Is this about Obama or Bush? Because they've both done this.

No they haven't.

 

[Freewill]

Might as well ride out the rest of Obama's disastrous term. There isn't a democrat backbone in the Congress to do anything and I am not sure there is on the Republican side. The democrats just want this stuff to go away no matter the legality. Apparently all the Republicans want are some talking points for the echo chamber.

Nixon has to be rolling in his grave thinking, "why me?"