Technology is changing the practice of law, and litigation is, of course, no exception. As new means of data collection and evidence presentation become more commonplace, the digital dilemmas and computer quandaries of trial are rapidly increasing. From an evidentiary standpoint, many new technologies are treated in the same way as more "traditional" evidence. But the differences can be deadly-at least if counsel wants certain evidence admitted, or specific evidence kept out. The present article therefore walks through several issues regarding the admissibility of evidence in the digital age. Following an overview of the admissibility hurdles that should be on every litigator's checklist when it comes to new technologies, the article takes a closer look at several particular areas -- an...
BANGOR - In denying a former state prosecutor's request for a new trial, U.S. District Judge John Woodcock said last week the evidence proved that James Cameron "was obsessed with young girls and was determined to view pornographic images of them. Woodcock's decision, issued Tuesday, moved Cameron, 48, of Hallowell one step closer to sentencing, even though a date for that hearing has not been set.
...They concerned: the admissibility of digital evidence; the proper venue and jurisdic...
Representing today's trend in photography, digital cameras continue to rapidly replace traditional film-based models. Law enforcement agencies have also begun to favor digital cameras--just the latest in a long line of technological innovations used by departments to collect and document evidence. To this end, Nagosky examines the admissibility of film-based photographs and analyzes cases, legislation, and legal commentary pertaining to digital pictures.
Sex Offenses - Constitutional Law/Crim. - Crim. Miscellaneous - Evidence - Sentencing: R.C. 2907.322(A)(1) is not unconstitutionally overbroad because it clearly proscribes pornography that depicts only those who are actually minors and does not attempt to criminalize virtual child pornography, i.e., pornography created without using actual minors. R.C. 2907.322(A)(1) is not unconstitutionally vague because the precision of its language makes clear the conduct that it prohibits and leaves no discretion for its application and enforcement. The requirement of authentication as a condition precedent for the admissibility of visual evidence is satisfied where the state offers evidence to show that each exhibit is what the state claims it to be; the authentication requirement was satisfie...
... case, the state presented evidence of two digital videos of a 16- year-old girl as she used Huffman'...
Watching the evolution of analog in-car mobile videotaping for the past years affords an insight into the similarities of digital recordings admissibility. Kuboviak discusses various digital recording formats, options for transmission and storage of data from in-car mobile videotapes, and reviews several applicable state case law concerning the use of digitally-recorded evidence in the courtroom.
One of the biggest areas of concern, and the one with the largest associated price tag, is digital image archiving and chain of custody of digital images. Digital images must be downloaded and archived to a computer system, which requires significant data storage abilities. Compression of an image, the process of reducing the size of an image data file resulting in less required storage space, is one solution, but it has a downside.
... a form of crime scene documentation and evidence photography that had been used in criminal investi... and training of personnel, and the admissibility of digital images within the courts. One of the pr...
... following questions challenging the admissibility of digital evidence:. * What is the evidence?. * H...
Brief article - Book review
... to the preservation and recovery of digital evidence for admissibility and use in court. . Und...
Myriad rules now govern admissibility, including the Federal Rules of Evidence (FRE), the US Constitution, and acts of Congress. The FRE mandate admits evidence with defects bearing on weight and not admissibility as long as the evidence is relevant and authentic, barring other means to prohibit its introduction. Relevancy is defined by a broad standard. Digital recordings, because of their dynamic nature, may be more difficult to manipulate than photographs. Even with the skills one needs to effectively alter a digital recording, some experts believe the convergence of digital technologies with the liberal standards of the FRE is trouble waiting to happen.
In the mid-1970s, audio recordings were entered into evidence primarily in the form of magnetic audiotape recordings. As the proliferation of digital technologies continues, it may become increasingly difficult to distinguish between fiction and reality. In response, courts may find that, because digital audio recordings lack the indicia of trustworthiness magnetic audiotape recordings have, the probative value of digital recordings is so diminished, their introduction into evidence should be curtailed. With the bar to admissibility so low and the functionality of digital technology so advanced, the chasm between is a Pandora's Box that the drafters of the Federal Rules of Evidence could not have anticipated.
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