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From Unimundo Created On 23 June 2018
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Congressman Trey Gowdy interrogates the former IRS commissioner on the targeting of conservatives - Spoliation and destruction of evidence. Spoliation of evidence is the intentional hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding. Spoliation is a common practice in all of the Unites States courts. For example, if a judge wants for you to lose your case; he or she will order the Clerk to destroy the evidence and/or delete court records. This is common practice in all federal courts in the U.S. 

Spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding. Spoliation has two consequences: in jurisdictions where the intentional act is criminal by statute, it may result in fines and incarceration if convicted in a separate criminal proceeding for the parties who engaged in the spoliation; in jurisdictions where relevant case law precedent has been established, proceedings possibly altered by spoliation may be interpreted under a spoliation inference, or by other corrective measures, depending on the jurisdiction.

The spoliation inference is a negative evidentiary inference that a finder of fact can draw from a party's destruction of a document or thing that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding.  The finder of fact can review all evidence uncovered in as strong a light as possible against the spoliator and in favor of the opposing party.

The theory of the spoliation inference is that when a party destroys evidence, it may be reasonable to infer that the party had "consciousness of guilt" or other motivation to avoid the evidence. Therefore, the factfinder may conclude that the evidence would have been unfavorable to the spoliator. Some jurisdictions have recognized a spoliation tort action, which allows the victim of destruction of evidence to file a separate tort action against a spoliator.

Spoliation is often an issue in the context where a person claims he has been injured by a defective product which he then discarded or lost. In that circumstance, the defendant manufacturer or distributor may move to dismiss the case on the basis of spoliation instead of just having to rely on the plaintiff's usual burden.


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