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Evidence Tampering

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Author Info
Chris William Sanchirico (University of Pennsylvania Law School & Wharton School)

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Abstract

Current writing on “evidence tampering”—inclusive of the destruction, fabrication, and suppression of evidence—creates the impression that our system of litigation is in a state of fundamental disrepair. This article suggests that this perception may merely reflect defects in the conventional view of trial’s purpose. The conventional view sees trial as a standalone device for uncovering micro-historical truths about what has already come to pass. In contrast, this article advocates viewing trial as but one component of the overall mechanism by which the legal system influences everyday behavior. When trial is viewed less in terms of discerning past events, and more in terms of shaping future events, several apparently troublesome aspects of the existing system’s treatment of evidence tampering gain substantial justification, and the way is paved for a more fruitful evaluation of current doctrine.

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File URL: http://129.3.20.41/eps/le/papers/0403/0403005.pdf
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Publisher Info
Paper provided by EconWPA in its series Law and Economics with number 0403005.

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Length: 100 pages
Date of creation: 30 Mar 2004
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Handle: RePEc:wpa:wuwple:0403005

Note: Type of Document - pdf; pages: 100
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Web page: http://129.3.20.41

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Related research
Keywords: Evidence; procedure; Perjury; Obstruction of Justice; Contempt of Court; Discovery Sanctions; Inherent Power of Court; Spoliation; Spoliation Tort; Evidence Destruction; Document Retention Policies;

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Find related papers by JEL classification:
C7 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory
D8 - Microeconomics - - Information, Knowledge, and Uncertainty
D6 - Microeconomics - - Welfare Economics
D7 - Microeconomics - - Analysis of Collective Decision-Making
H - Public Economics

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Cited by:
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  1. Jesse Bull, 2006. "Costly Evidence and Systems of Fact Finding," Working Papers 0612, Florida International University, Department of Economics. [Downloadable!]
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This page was last updated on 2009-11-25.

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