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Criminals and Victims$
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W. David Allen

Print publication date: 2011

Print ISBN-13: 9780804762526

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804762526.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 16 September 2019

The Destruction of Evidence

The Destruction of Evidence

Chapter:
(p.77) Chapter 4 The Destruction of Evidence
Source:
Criminals and Victims
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804762526.003.0004

The existence of evidence creates an incentive for criminals to destroy or spoliate that evidence to avoid the risks of detection and punishment. Criminal evidence destruction is a behavior that potentially becomes relevant in the immediate aftermath of a crime, creating uncertainty and imposing costs on plaintiffs in legal matters by forcing them to meet higher standards of proof. This chapter addresses how criminals decide whether to destroy post-crime evidence and examines what might alternately deter or even encourage such behavior. It also considers whether deterrence of spoliation helps deter crime in general.

Keywords:   evidence, punishment, evidence destruction, crime, spoliation

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