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Adverse Inference: If the trier of fact finds a party guilty of spoliation, it is authorized to presume or infer that. the missing evidence reflected unfavorably on the spoliatorâs interest. McCleery v. McCleery, 200 Ala. 4, 75 So. 316 (Ala.
Admissible Evidence In a criminal case, evidence is important to both the prosecution and defense. When evidence is entered before the judge or jury, it is important that it is relevant, reliable and not prejudiced. If the evidence meets all of these requirements, it is referred to as admissible evidence. In order for evidence to be considered relevant, it must prove or disprove a point that is being made by either party. However, if the evidence causes the judge or jury to look unfavorably at the party it is used against for a reason unrelated to the case, the judge may find that it is not admissible. For evidence to be considered reliable, the party entering the evidence must be able to prove that the source of the evidence is itself reliable.