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A comment on FBI agent pleads guilty to wiping hard-drive containing exculpatory evidence. Parent comment

Re:FBI agent pleads guilty to wiping hard-drive containing e... by generalizations on Friday August 19, 2022 @11:49AM (#32522527)
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.
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Re:FBI agent pleads guilty to wiping hard-drive containing e... by AlbertCory on Friday August 19, 2022 @12:24PM (#32523021)
If 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.
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Re:FBI agent pleads guilty to wiping hard-drive containing e... by torstenvl on Friday August 19, 2022 @01:20PM (#32523732)
Some 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-cen...

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