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Destruction of Evidence (Hardcover)
Loot Price: R9,715
Discovery Miles 97 150
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Destruction of Evidence (Hardcover)
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A practice manual as well as an authoritative resource, Destruction
of Evidence analyzes issues from the standpoints of civil
litigation, criminal litigation, and the laws of professional
responsibility. Destruction of Evidence also discusses in-depth
such areas as: the spoliation inferencethe tort of
spoliationdiscovery sanctionsethics, androutine destruction Also
included is an expanded discussion of discovery sanctions,
including procedural issues, choice-of-law considerations, the
requirements for preserving sanctions issues for appellate review,
burdens of proof, and appellate review. The supplement keeps you up
to date on the continuing development of the controversial torts of
both first- and third party spoliation of evidence: Massachusetts
has declined to recognize a cause of action in tort for intentional
or negligent spoliation of evidence The Supreme Court of
Mississippi did not recognize an independent cause of action for
the intentional spoliation of evidence against first or third party
spoliators Nevada declined to recognize an independent tort
spoliation of evidence when weighed against the andquot;potentially
endless litigation over a speculative loss, and by the cost to
society of promoting onerous record and evidence retention
policiesandquot; Constitutional implications in the realm of
criminal law. Many states within the last year have been addressing
the potential for due process violations when evidence is destroyed
and are continuing to adopt and expand the rules dictated by Brady,
Trombetta, and Youngblood. While each of these new jurisdictions
refused to find due process violation, this trend recognizes the
increased potential for constitutional violations when evidence is
destroyed: Hawaii refused to find a constitutional violation where
a police officer failed to save her completed police report, citing
Brady The Supreme Court of Mississippi ruled that a defendant was
not denied due process by spoliation of crime scene evidence,
citing Trombetta Nevada, using a bad faith standard, ruled that an
independent laboratory's failure to refrigerate a defendant's blood
sample did not violate due process A New Jersey court did not find
a due process violation where the police had lost a videotape of
the administration of breath tests for a DUI charge Oklahoma ruled
that a defendant's due process rights were not violated when the
police destroyed latent crime scene fingerprints, citing Youngblood
Using an exculpatory evidence standard, the Supreme Court of South
Dakota ruled that the State's release of a rape victim's vehicle
without notice to the defendant did not violate the defendant's due
process rights.
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