Download or read book Destruction of Evidence written by Jamie S. Gorelick and published by Wolters Kluwer. This book was released on 1995-12-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Spoliation of Evidence written by Margaret M. Koesel and published by American Bar Association. This book was released on 2006 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.
Download or read book Destruction of Evidence written by Jamie S. Gorelick and published by Aspen Publishers. This book was released on 1989-01-01 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practice manual as well as an authoritative resource, this book analyzes the issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility. Destruction of Evidence discusses in-depth 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.
Download or read book Destruction of Evidence written by Lawrence Solum and published by . This book was released on 1989 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Connecticut Code of Evidence written by Connecticut and published by West Group Publishing. This book was released on 1999 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crime Scene Investigation written by National Institute of Justice (U.S.). Technical Working Group on Crime Scene Investigation and published by . This book was released on 2000 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a guide to recommended practices for crime scene investigation. The guide is presented in five major sections, with sub-sections as noted: (1) Arriving at the Scene: Initial Response/Prioritization of Efforts (receipt of information, safety procedures, emergency care, secure and control persons at the scene, boundaries, turn over control of the scene and brief investigator/s in charge, document actions and observations); (2) Preliminary Documentation and Evaluation of the Scene (scene assessment, "walk-through" and initial documentation); (3) Processing the Scene (team composition, contamination control, documentation and prioritize, collect, preserve, inventory, package, transport, and submit evidence); (4) Completing and Recording the Crime Scene Investigation (establish debriefing team, perform final survey, document the scene); and (5) Crime Scene Equipment (initial responding officers, investigator/evidence technician, evidence collection kits).
Download or read book Destruction of Evidence written by Marzen and published by . This book was released on 1998-02-20 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Destruction of Cities in the Ancient Greek World written by Sylvian Fachard and published by Cambridge University Press. This book was released on 2021-09-30 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Trojan War to the sack of Rome, from the fall of Constantinople to the bombings of World War II and the recent devastation of Syrian towns, the destruction of cities and the slaughter of civilian populations are among the most dramatic events in world history. But how reliable are literary sources for these events? Did ancient authors exaggerate the scale of destruction to create sensational narratives? This volume reassesses the impact of physical destruction on ancient Greek cities and its demographic and economic implications. Addressing methodological issues of interpreting the archaeological evidence for destructions, the volume examines the evidence for the destruction, survival, and recovery of Greek cities. The studies, written by an international group of specialists in archaeology, ancient history, and numismatic, range from Sicily to Asia Minor and Aegean Thrace, and include Athens, Corinth, and Eretria. They highlight the resilience of ancient populations and the recovery of cities in the long term.
Download or read book Spoliation of Evidence written by Margaret M. Koesel and published by American Bar Association. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book resolves problems involved with the destruction of evidence. Developing case law has shown that spoliation may subject parties to additional litigation expense, potential tort liability, and sanctions that may be outcome determinative. Additionally, negative publicity about the professional and personal reputation of counsel and parties can occur. All litigators will face issues involving the destruction of evidence.
Download or read book Books on Fire written by Lucien X. Polastron and published by Lucien X. POLASTRON. This book was released on 2007-08-13 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost as old as the idea of the library is the urge to destroy it. Author Lucien X. Polastron traces the history of this destruction, examining the causes for these disasters, the treasures that have been lost, and where the surviving books, if any, have ended up. Books on Fire received the 2004 Societe des Gens de Lettres Prize for Nonfiction/History in Paris.
Download or read book Destruction of Evidence written by Aspen Publishers and published by Aspen Publishers. This book was released on 2003-08-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Destruction of Memory written by Robert Bevan and published by Reaktion Books. This book was released on 2007-04-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: A decimated Shiite shrine in Iraq. The smoking World Trade Center site. The scorched cityscape of 1945 Dresden. Among the most indelible scars left by war is the destroyed landscapes, and such architectural devastation damages far more than mere buildings. Robert Bevan argues herethat shattered buildings are not merely “collateral damage,” but rather calculated acts of cultural annihilation. From Hitler’s Kristallnacht to the toppling of Saddam Hussein’s statue in the Iraq War, Bevan deftly sifts through military campaigns and their tactics throughout history, and analyzes the cultural impact and catastrophic consequences of architectural destruction. For Bevan, these actions are nothing less than cultural genocide. Ultimately, Bevan forcefully argues for the prosecution of nations that purposely flout established international treaties against destroyed architecture. A passionate and thought-provoking cri de coeur, The Destruction of Memory raises questions about the costs of war that run deeper than blood and money. “The idea of a global inheritance seems to have fallen by the wayside and lessons that should have long ago been learned are still being recklessly disregarded. This is what makes Bevan’s book relevant, even urgent: much of the destruction of which it speaks is still under way.”—Financial Times Magazine “The message of Robert Bevan’s devastating book is that war is about killing cultures, identities and memories as much as it is about killing people and occupying territory.”—Sunday Times “As Bevan’s fascinating, melancholy book shows, symbolic buildings have long been targeted in and out of war as a particular kind of mnemonic violence against those to whom they are special.”—The Guardian
Download or read book Destruction and human remains written by Jean-Marc Dreyfus and published by Manchester University Press. This book was released on 2016-05-16 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Destruction and human remains investigates a crucial question frequently neglected in academic debate in the fields of mass violence and genocide studies: what is done to the bodies of the victims after they are killed? In the context of mass violence, death does not constitute the end of the executors' work. Their victims' remains are often treated and manipulated in very specific ways, amounting in some cases to true social engineering, often with remarkable ingenuity. To address these seldom-documented phenomena, this volume includes chapters based on extensive primary and archival research to explore why, how and by whom these acts have been committed through recent history. Interdisciplinary in scope, Destruction and human remains will appeal to readers interested in the history and implications of genocide and mass violence, including researchers in anthropology, sociology, history, politics and modern warfare. The research program leading to this publication has received funding from the European Research Council under the European Union's Seventh Framework Programme (FP/2007-2013) / ERC Grant Agreement n° 283-617.
Download or read book The Evaluation of Forensic DNA Evidence written by National Research Council and published by National Academies Press. This book was released on 1997-01-12 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
Download or read book Professional Liability to Third Parties written by Jay M. Feinman and published by American Bar Association. This book was released on 2006 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
