We have just studied discovery and courtroom procedure. How should the law handle the situation where one of the parties to a controversy destroys relevant evidence. Arthur Anderson public accounting firm was indicted for shredding documents in the Enron case. Recently, New England Patriots quarterback Tom Brady was allegedly involved in a scheme to deflate footballs in violation of NFL rules. Brady allegedly destroyed a cell phone that contained relevant evidence. Similarly, former Secretary of State and Presidential candidate Hillary Clinton placed government e mails on a private server in violation of government rules. Clinton then wiped the drive of the server before providing it to the FBI for inspection for classified material.
• What rules of procedure should the courts adopt to address this situation in a civil proceeding?
• Should the rule be different if it is a criminal proceeding rather than a civil proceeding?
The response should include a reference list. Using one-inch margins, Times New Roman 12 pnt font, double-space and APA style of writing and citations.