• Voroxpete@sh.itjust.works
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    1 month ago

    So, I had to double check myself on this one, and my original answer wasn’t entirely correct.

    If it is found that the destruction of evidence was intentional then yes, the jury can be instructed to view the missing information in the least favorable light, or a case can simply be outright dismissed or a default judgement entered.

    However even in the case of “accidental” (ie, not provably intentional) deletion the court can still take various measures to redress the balance in some way.

    I am not a lawyer but this guy is - https://joneskell.com/how-spoliation-of-evidence-impacts-litigation/

    • GiveMemes
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      1 month ago

      Word, thank you for the high effort and detailed explanation.

      • jaxxed@lemmy.world
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        30 days ago

        Keep in kind that there is a geopolitical orientation in law. What is written here may not apply in all regions, nor all types of legal procedure.