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Forums - General - What Would you do if the police destroyed evidence?

kirby007 on 09 October 2008

while the case hasn't been closed?



 "I think people should define the word crap" - Kirby007

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noname2200 on 09 October 2008

Am I the prosecutor or the defense? If the former, I'm obligated to inform opposing counsel and the court, or else I'm at severe risk of sanctions or disbarment. If the latter, I also inform opposing counsel and the court, and move for a mistrial/dismissal. I would also inform reporters.

Keep in mind though that such an action is far from guaranteed to lead to the end of the case. If the piece of evidence in question is judged to be of sufficiently minor importance, the case will continue, although the officer(s) in question will be subject to dsiciplining procedures. There are a plethora of other things you could do, but you'll need to know more details about the evidence to take advantage of any of them.

P.S. you're really bored, aren't you?



kirby007 on 09 October 2008

no this happend and I am not sure how I should react



 "I think people should define the word crap" - Kirby007

Join the Prediction League http://www.vgchartz.com/predictions

Instead of seeking to convince others, we can be open to changing our own minds, and seek out information that contradicts our own steadfast point of view. Maybe it’ll turn out that those who disagree with you actually have a solid grasp of the facts. There’s a slight possibility that, after all, you’re the one who’s wrong.

noname2200 on 09 October 2008

I'd offer you more advice, but I'm not yet qualified to do so. The fact that I'm in a different country doesn't help (Dutch Evidence laws are probably radically different from California's).

If you're interested, I can ask some of my professors to point you to people and places who can tell you what to do. I'm not optimistic, though, since I doubt any of them have extensive contacts or experience with The Netherlands.

Sorry.