California, United States of America
The following excerpt is from People v. Zapien, 17 Cal.Rptr.2d 122, 4 Cal.4th 929, 846 P.2d 704 (Cal. 1993):
As noted above, the destruction of the contents of the tape recording did not prejudice defendant, because the contents of the tape recording had been preserved by transcription. It would have been inappropriate, therefore, for the trial court to impose sanctions for the destruction of the contents of the tape recording, particularly the severe sanction of dismissal. "[A]bsent demonstrable prejudice, or substantial threat thereof, dismissal of the indictment is plainly inappropriate, even though the violation [of the defendant's right to counsel] may have been deliberate. [Fn.]" (United States v. Morrison (1981) 449 U.S. 361, 365, 101 S.Ct. 665, 668, 66 L.Ed.2d 564.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.