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Text of the page (random words):
tampering with evidence wikipedia jump to content main menu main menu move to sidebar hide navigation main page contents current events random article about wikipedia contact us contribute help learn to edit community portal recent changes upload file special pages search search appearance donate create account log in personal tools donate create account log in contents move to sidebar hide top 1 spoliation toggle spoliation subsection 1 1 theory 2 by law enforcement 3 legal consequences 4 examples of evidence spoliation 5 see also 6 references 7 further reading toggle the table of contents tampering with evidence 3 languages العربية فارسی українська edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia crime consisting of damaging evidence there are many ways to tamper with evidence including burning tampering with evidence or evidence tampering is an act in which a person alters conceals falsifies or destroys evidence with the intent to interfere with an investigation usually by a law enforcement governmental or regulatory authority 1 it is a criminal offense in many jurisdictions 2 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 charged together the goal of tampering with evidence is usually to cover up a crime or with intent to injure the accused person 3 4 spoliation edit spoliation of evidence is the intentional reckless or negligent withholding hiding altering fabricating or destroying of evidence relevant to a legal proceeding 5 historically it has also sometimes been referred to as the spoilage of evidence 6 the spoliation inference is a negative evidentiary inference that a trier of fact can draw from a party s destruction of evidence 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 however in u s federal courts updates to the federal rules of civil procedure in 2015 have resulted in significant decline in spoliation sanctions 7 a person can be accused of spoliation of evidence if a legal case is pending or reasonably anticipated 8 the defendant does not need to have received an order to preserve evidence however lawyers often send out such notices to put the other party on notice and to reduce plausible deniability 9 theory edit 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 fact finder 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 10 by law enforcement edit when police confiscate 2 or destroy a citizen s photographs or recordings of officers misconduct the police s act of destroying the evidence may be prosecuted as an act of evidence tampering if the recordings being destroyed are potential evidence in a criminal or regulatory investigation of the officers themselves 11 legal consequences edit penalties for evidence tampering vary by jurisdiction and are determined by the applicable laws and the circumstances of the offense in many jurisdictions evidence tampering is a criminal offense punishable by fines probation or imprisonment sentences may be enhanced when the offense is committed in connection with a serious criminal offense or an ongoing criminal investigation the severity of the penalty generally depends on factors such as the nature of the underlying offense the intent of the accused and the extent to which the act interfered with the administration of justice examples of evidence spoliation edit enron scandal and the arthur andersen llp v united states case iran contra affair and fawn hall s role the metropolitan police file shredding 12 conrad black s removal of 13 sealed evidence boxes from his office during a trial 13 cia director richard helms order to destroy mkultra files see also edit contempt of court consciousness of guilt cover up discovery law e discovery evidence packaging spoliation in fire investigation illegal disposal of bodies in the water legal hold obstruction of justice perverting the course of justice police misconduct security bag references edit sanchirico chris w february 2004 evidence tampering duke law journal 53 4 1215 retrieved 21 july 2017 1 2 destruction of document or electronic record to prevent its production as evidence singapore statutes 2 november 2020 retrieved 2 november 2020 false charge of offence made with intent to injure singapore statutes 2 november 2020 archived from the original on 24 june 2020 retrieved 2 november 2020 wrongful convictions in singapore a general survey of risk factors archived from the original on 12 june 2020 retrieved 2 november 2020 black s law dictionary 8th ed 2004 for an overview of spoliation see generally michael zuckerman yes i destroyed the evidence sue me journal of computer and information law katz scott s muscaro anne marie 1993 spoilage of evidence crimes sanctions inferences and torts tort insurance law journal 29 1 51 76 jstor 25762410 young will january 27 2020 how corporate lawyers made it harder to punish companies that destroy electronic evidence propublica retrieved 11 march 2020 the legal consequences of destroying evidence in a lawsuit marko law 2026 03 30 retrieved 31 july 2026 destruction of evidence in california a crime and liable to civil sanctions as well ss r law corporation retrieved 31 july 2026 evidence spoliation a growing new tort library findlaw com retrieved 13 november 2017 know your rights protesters and photographers aclu retrieved 21 july 2017 inquiry into met police file shredding claims bbc news 2017 02 09 retrieved 2023 11 28 siklos richard 2007 07 14 conrad black found guilty in fraud trial the new york times issn 0362 4331 retrieved 2023 11 28 further reading edit fournet caroline 2019 nothing must remain the in visibility of atrocity crimes and the perpetrators strategies using the corpses of their victims in smeulers alette weerdesteijn maartje hola barbora eds perpetrators of international crimes theories methods and evidence oxford university press isbn 978 0 19 882999 7 v t e miscarriage of justice types of misconduct prosecutorial misconduct police misconduct police corruption political trial political prisoner selective prosecution malicious prosecution selective enforcement two tier policing abuse of process attorney misconduct bad apples abuse of discretion entrapment error of impunity false arrest gaming the system gross negligence justice delayed is justice denied legal malpractice kangaroo court sentencing disparity show trial trial by media sharp practice jury tampering witness tampering brady disclosure spoliation of evidence civil wrong false evidence false confession forced confession false accusation rape child sexual abuse police perjury mistaken identity eyewitness memory misidentification cross race effect misinformation effect tampering with evidence frameup wrongful convictions list of wrongful convictions in the united states list of exonerated death row inmates list of miscarriage of justice cases overturned convictions in the united states wrongful execution advocacy innocence project national registry of exonerations investigating innocence contributing factors correlates of crime race and crime race in the united states criminal justice system sex differences in crime judicial misconduct juror misconduct jury nullification innocent prisoner s dilemma obstructionism offender profiling racial profiling perverting the course of justice blue wall of silence loophole ineffective assistance of counsel prosecutor s fallacy norms and remedies blackstone s ratio exculpatory evidence legal ethics right to a fair trial actual innocence equal protection clause innocence protection act related concepts capital punishment in the united states batson v kentucky list of death row inmates in the united states law portal authority control databases national united states israel other yale lux retrieved from https en wikipedia org w index php title tampering_with_evidence oldid 1379473519 categories evidence tampering american legal terminology searches and seizures police misconduct obstruction of justice hidden categories articles with short description short description is different from wikidata this page was last edited on 10 october 2026 at 05 18 utc page was rendered with parsoid text is available under the creative commons attribution sharealike 4 0 license additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the wikimedia foundation inc a non profit organization privacy policy about wikipedia disclaimers contact wikipedia legal safety contacts code of conduct developers statistics cookie statement mobile view search search toggle the table of contents tampering with evidence 3 languages add topic