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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.
The general rule is that all irrelevant evidence is inadmissible and all relevant evidence is admissible. There are two basic factors that are considered when determining whether evidence is admissible or not: 1  Relevant â The evidence must prove or disprove an important fact in the criminal case. 2  Reliable â Reliability refers to the credibility of a source that is being used as evidence.