5 Things to Know About Digital Evidence in Criminal Cases
In modern criminal investigations, digital evidence has emerged as an integral part of the process. From smartphones and computers to social media and GPS technology, digital evidence has proven instrumental in helping investigators reconstruct crimes.
As technology becomes more ubiquitous, digital evidence has emerged as an essential tool in helping the justice system determine what occurred and who might have been responsible.
It’s the sort of stuff that makes for compelling crime dramas on the big or small screen. The reality of the matter is that the story lines involving digital evidence aren’t the figment of someone’s imagination. It’s a case of art imitating–even if sometimes hyperbolically–life.
Digital evidence is not as straightforward as it might seem — something you might not know if you get all your information from crime dramas. There are several legal and technical issues associated with the use of digital evidence — and the following five facts are among them.
1. Digital Evidence Takes Many Forms
Most people think of digital evidence as texts, emails, or social media messages. That’s only partially true since the scope of digital evidence is much broader. Digital evidence includes all information in electronic form that may have some bearing or relevance to a criminal case.
Some of the most common forms of digital evidence include the following:
- Text messages, emails, and instant messages
- Social media messages, comments, and posts
- Photographs and videos
- Contact lists and call logs
- GPS and location data
- Internet browsing history and search history
No matter how trivial some of this data might seem, it can be instrumental in helping investigators piece together the puzzle and reach a conclusion that achieves the right legal outcome.
- How Digital Evidence is Collected Matters
How digital evidence is collected is of critical importance in relation to its admissibility in court. Law enforcement agencies must follow a strict code of conduct in the collection of electronic evidence. That means obtaining search warrants where necessary.
Failure to follow proper protocols can have serious consequences in court.
One reason to hire a criminal defense lawyer if you face criminal charges is that the legal expert can determine if any digital evidence was gathered improperly. If digital evidence was obtained outside of normal procedures, your lawyer can challenge its admissibility.
3. Digital Evidence Can Be Challenged for Accuracy and Authenticity
Although the digital evidence might appear to be objective in nature, there are possibilities of errors. For instance, errors can occur over the course of its creation, transmission, or storage.
Your criminal defense attorney might question the accuracy of the digital evidence. For example, it’s possible your social media account might have been accessed by someone else.
Due to these complexities, digital evidence often requires expert analysis to explain the limitations and reliability of digital evidence to a judge or jury.
- Digital Evidence Raises Privacy and Constitutional Concerns
Digital evidence often involves issues of privacy and constitutional rights. For example, digital devices can store vast amounts of personal information that isn’t related to the criminal investigation. This may include photographs, personal communications, and financial data.
The prosecution’s interest in investigating crime must be balanced against the individual’s right to privacy. This is why search warrants for digital devices are often closely scrutinized.
5. Digital Evidence Can Potentially Influence the Outcome of a Case
Well-presented digital evidence has the potential to be influential in the courtroom. It may be used to corroborate witness testimony, discredit witness testimony, or provide a timeline of events.
For example, phone records may show that two people have talked to each other, while surveillance may show whether someone has been at a particular place or not.
Why Understanding Digital Evidence Matters
In today’s world, technology is increasingly changing how people live. It’s therefore imperative to understand digital evidence, especially when it comes to criminal cases. Digital evidence can influence all aspects of criminal proceedings, including charges, pleas, and verdicts.
If you’re a criminal defendant, understanding digital evidence is imperative to ensure that your rights are protected. And to the criminal justice system, digital evidence is crucial to ensuring that justice and accuracy are served.
Digital evidence provides investigators with significant information to establish facts and timelines. However, it comes with unique challenges. Understanding digital evidence provides significant insight into criminal proceedings.
As technology advances, so will digital evidence, so it’s imperative to understand it to keep pace with criminal law.
