Spoliation & Guilt
a) Spoliation
i) def: destroying the evidence
ii) instruction: when a party has possession of E & has scienter that it may be E in a controversy and then he disposes it, makes it unavailable or fails to produce it, there is an inference in law that the E would have been unfavorable
iii) inference is permissible, so the jury can think it but ct can’t tell them to consider it intentional
b) Flight
i) flight evidence okay if related to primary offense (not propensity but 404b)
ii) 104b finding if some other reason (besides guilt) offered for flight, then may keep the flight out (104b=judge)
c) Witness Intimidation: rule E of W intimidation is A to prove consciousness of guilt if
i) related (402 relevance) and
ii) reliable (104b conditional admissibility)
iii) 403
d) Bribery (like intimidation: 402, 104b, 403)
i) bribing party engaged in the conduct corruptly
ii) w/ an intent to influence T or not show up
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