What is an adverse inference?

Question

Having to do with law and court.

Answer 1

Generally, an "adverse inference" is a jury instruction from a judge allowing the jury to make a negative inference about certain evidence. This evidence could include both evidence that has been admitted, or even something that cannot be located.

A prime example is e-mail. When parties are fighting and e-mail is requested to be produced and, contrary to court orders or standards of business that e-mail cannot be obtained, the party seeking the information can ask the court to allow an "adverse inference" to be made about the inability to obtain the e-mail.

I know this is murky, but hope it helps.

Answer 2

In civil trials, certain situation can create presumptions which must be accepted as true unless disproven.

Criminal trials are not allowed to have presumptions against the defendant, because of the prosecution's burden of proving every element beyond a reasonable doubt.

So, situations that would create presumptions in civil trials create only inferences in criminal trials. The differences is that the jury may, but is not required to, treat the inference has true.

Presumptions favoring a criminal defendant are allowed, such as the presumption of innocence until guilt has been proven beyond a reasonable doubt. Thus, inferences are generally "adverse" in that they are formed against the defendant.