> the balance of the evidence weighed against the alleged exculpatory evidence
Surely you see the fundamental problem, here. This shifts the burden of proof onto the defendant. Demonstrating the previous existence and, in particular, the exculpatory nature of destroyed evidence is practically impossible.
If the state directly conspires to an unfair trial, the state’s case must be forfeit.
Surely you see the fundamental problem, here. This shifts the burden of proof onto the defendant. Demonstrating the previous existence and, in particular, the exculpatory nature of destroyed evidence is practically impossible.
If the state directly conspires to an unfair trial, the state’s case must be forfeit.