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[14] [15] While a separate conviction for the crime of obstruction would require proof beyond a reasonable doubt, a finding of obstruction for sentencing purposes only needs to meet the looser standard of "a preponderance of the evidence" (unless the enhanced sentence would exceed the statutory maximum sentence for the underlying crime).
Tampering with evidence is closely related to the legal issue of spoliation of evidence, which is usually the civil law or due process version of the same concept (but may itself be a crime). Tampering with evidence is also closely related to obstruction of justice and perverting the course of justice , and these two kinds of crimes are often ...
Spoliation may refer to: Looting; Spoliation of evidence in a ... Looting; Spoliation of evidence in a criminal investigation; The deconstruction of buildings for ...
Police misconduct is inappropriate conduct and illegal actions taken by police officers in connection with their official duties. Types of misconduct include among others: sexual offences, coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, spoliation of evidence, police perjury, witness tampering, police brutality, police corruption, racial ...
Acts that conceal, corrupt, or destroy evidence can be considered spoliation of evidence and/or tampering with evidence. Spoliation is usually the civil-law/due-process variant, may involve intent or negligence, may affect the outcome of a case in which the evidence is material, and may or may not result in criminal prosecution.
In civil trials, adverse inference may be imposed as a sanction by the court in reaction to spoliation, such as willful destruction of relevant emails. In this case, the court may direct a jury to assume that the evidence that was destroyed was negative for the destroying party, i.e., that it was destroyed to hide something. [3]
Based on the evidence obtained by this Subcommittee, numerous federal laws were likely broken by Liz Cheney, the former Vice Chair of the January 6 Select Committee, and these violations should be ...
False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified evidence could be created by either side in a case (including the police/ prosecution in a criminal case ), or by someone sympathetic to either side.