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53 Duke L.J. 1215 (2003-2004)
Evidence Tampering

handle is hein.journals/duklr53 and id is 1229 raw text is: Duke LawJournal VOLUME 53 FEBRUARY 2004 NUMBER 4 EVIDENCE TAMPERING CHRIS WILLIAM SANCHIRICOt 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 stand-alone device for uncovering microhistorical 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. Copyright © 2004 by Chris William Sanchirico. t Professor of Law, Business, and Public Policy, University of Pennsylvania Law School and Wharton School, Business and Public Policy Department (csanchir@law.upenn.edu). This Article has benefited from the helpful comments of workshop participants at the University of Chicago, the University of Michigan, the University of Pennsylvania, and the University of San Diego. Also beneficial were conversations and correspondence with Stephen McG. Bundy, Howard Chang, Richard D. Friedman, Edward lacobucci, Seth Kreimer, Edward Rock, Edward Rubin, Kim Lane Scheppele, Catherine Struve, Susan Rose-Ackerman, and George Triantis. William Mulherin at the University of Pennsylvania Law Library and Barbie Selby at the University of Virginia Law Library helped to locate several elusive sources. Staff at the California Department of Justice provided generous assistance in interpreting California crime statistics. Helpful insights into the adjudication of Lewy v. Remington were imparted by Richard C. Miller of Monsees, Miller, Mayer, Presley & Amick, Jerry M. Kirksey of Douglas, Lynch, Haun & Kirksey, and William H. McDonald of William H. McDonald & Associates. The task of locating relevant portions of the Lewy docket was facilitated by kind cooperation from the Office of the Clerk of the United States District Court for the Western District of Missouri. Katherine Bierlein, Michael Diz, Adrian Guy, and John McNutt offered invaluable research assistance.