Earlier quoted context omitted.
Judge each person's criminal case on their own merits. If neither the civilian nor the cop can be proven to have committed a crime, they should both go free. Civil cases, on the other hand, merely need to meet the standard of "a preponderance of evidence" to support the claim. A mysteriously malfunctioning camera ought to meet that standard, and thus be grounds for an award of damages due to misconduct. This cost wil…
The absence of evidence is not the evidence of deliberate tampering. The tech is not flawless and this kind of outcome is really not fair to either side. The camera only shows 1 point of view and if for X reasons it is used to judge the officer or the civilian as the overwhelming evidence then it can have severe consequences for either or both sides if it does work or does not work. Example: civilian makes grandiose…
The popular phrase "absence of evidence is not evidence of absence" is wrong. Absence of evidence is evidence of absence. How strong that evidence is depends on just how much you'd expect to find evidence if the thing were actually true. For example, if you go looking in my garage for aliens, the absence of evidence is pretty compelling evidence for the absence of aliens in my garage, but it's extremely weak evidence for the absence of aliens in the universe.
When it comes to cameras, the question in how often they fail on their own compared to how likely tampering is, and any relevant context which might modify those basic probabilities. If the demonstrated MTBF is 10 years and your cameras are failing on average once every year then something is going on, for example.
Your mention about punishing the officer makes me wonder if you actually read my comment, though. I explicitly suggested that a camera malfunction should not be considered sufficient to clear the "beyond a reasonable doubt" bar for a criminal case, and that while it should work for a civil case, the cost there would not be borne by the officer.