What is the impact that failure to preserve evidence has on a defendant's rights?
MultiRegion, United States of America
The following excerpt is from U.S. v. Siqueiros, 21 F.3d 1118 (9th Cir. 1994):
5 Regarding the issue of the impact that failure to preserve evidence has on the defendant's rights, the factors to be considered are the quality of the Government's conduct (i.e., the presence or absence of any showing that the Government contributed to or condoned the destruction of records), and the degree of prejudice worked against the defendant. United States v. Weinstein, 834 F.2d 1454, 1462-63 (9th Cir.1987).
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