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Evidence Commons

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Full-Text Articles in Evidence

The Right Remedy For The Wrongly Convicted: Judicial Sanctions For Destruction Of Dna Evidence, Cynthia Jones Jan 2009

The Right Remedy For The Wrongly Convicted: Judicial Sanctions For Destruction Of Dna Evidence, Cynthia Jones

Articles in Law Reviews & Other Academic Journals

Many state innocence protection statutes give courts the power to impose appropriate sanctions when biological evidence needed for postconviction DNA testing is wrongly destroyed by the government. Constitutional claims based on wrongful evidence destruction are governed by the virtually insurmountable “bad faith” standard articulated in Arizona v. Youngblood. The wrongful destruction of DNA evidence in contravention of state innocence protection laws, however, should be governed by the standards used to adjudicate other “access to evidence” violations in criminal cases, including disclosures mandated by the rules of criminal procedure, the Jencks Act, and Brady v. Maryland. Under the “access to evidence ...


Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen Jan 1995

Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen

American University Law Review

No abstract provided.