Destruction of EvidenceWolters Kluwer, 1995. gada 31. dec. - 516 lappuses 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 inference the tort of spoliation discovery sanctions ethics, and routine 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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xvii. lappuse
... Grand Jury Documents 329 Chapter 13 Consequences of Document Destruction in Commercial Litigation 335 Chapter 14 Chapter 15 Chapter 16 Products Liability and Document - Management Programs Special Document Problems in the Environmental ...
... Grand Jury Documents 329 Chapter 13 Consequences of Document Destruction in Commercial Litigation 335 Chapter 14 Chapter 15 Chapter 16 Products Liability and Document - Management Programs Special Document Problems in the Environmental ...
xxiv. lappuse
... Grand Jury Documents Jonathan D. Schiller and Peter M. Brody Destruction of Documents after a Grand Jury Investigation Legal Constraints on Post - Grand Jury Document Destruction Strategic Considerations § 12.4 Threat of Renewed ...
... Grand Jury Documents Jonathan D. Schiller and Peter M. Brody Destruction of Documents after a Grand Jury Investigation Legal Constraints on Post - Grand Jury Document Destruction Strategic Considerations § 12.4 Threat of Renewed ...
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Destruction of Evidence Jamie S. Gorelick,Stephen Marzen,Lawrence Solum Priekšskatījums nav pieejams - 1995 |
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2d Cir 9th Cir action aff'd Atomic Co attorney bad faith Bankr C.D. Cal cert civil claim client constitutional copies Corporate counsel court order criminal Curr defendant defendant's dence denied destroy documents destroy evidence destruction of documents destruction of evidence discovery sanctions dismissal document destruction Document Retention due process duty to preserve DYNAMICS RECORDS MANAGEMENT employees Ethics evidence destruction exculpatory files grand jury Indefinite review intent investigation issue jurisdictions lawsuit lawyer liability litigation MANAGEMENT MANUAL SECTION material ment Model Code Model Penal Code Model Rules obstruction of justice party pending Piper Aircraft plaintiff proceeding production Radiation Survivors RECORDS MANAGEMENT MANUAL RECORDS RETENTION GUIDELINES relevant Reports response RETENTION PERIOD Rptr S.D. Fla sample spoliation inference spoliation of evidence spoliation tort statute subpoena Supp Supreme Court Telectron tion trial Trombetta United violation Zenith Radio Corp