On Wed, Apr 1, 2015 at 4:48 AM, Glen Sanderson <[log in to unmask]>
wrote:

> Which sounds worse? Spoliation of evidence or Consciousness of
> Guilt(COG).  This is the term I heard describing email deletion when
> listening to the radio on the way in.  To me the term COG does not seem as
> bad. Is RM going to adopt that term?
>

USLegal.com defines COG as:

"Evidentiary rules allow a prosecutor to introduce testimony that tends to
show that the defendants actions prove he knew he was guilty (at least of
something). This is sometimes referred to as “consciousness of guilt”. For
example, such evidence may include actions the defendant took to “cover up”
his alleged crime."

I don't know if any judge would allow this to extend to knowingly
destroying evidence, especially if a legal hold had been issued, or if
there were policies in place that someone had signed off they had read or
received training on.

I don't think an 'industry' can adopt a term on a broad basis to excuse
improper application of policy or practice. Wouldn't that be unconscionable?

"Unconscionable conduct is also found in acts of Fraud and deceit, where the
deliberate Misrepresentation of fact deprives someone of a valuable
possession. Whenever someone takes unconscionable advantage of another
person, the action may be treated as criminal fraud or the civil action of
deceit.No standardized criteria exist for measuring whether an action is
unconscionable. A court of law applies its conscience, or moral sense, to
the facts before it and makes a subjective judgment."

Larry

-- 
Larry
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*----Lawrence J. MedinaDanville, CARIM Professional since 1972*

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