the Courtroom
Digital evidence has not always played the role in the convictions of many defendants as it is in today's justice system. As the technological aspects of everyday life begin to change and evolve, so does the use of digital evidence and the impact it plays in the criminal justice system.
As time has continued to progress, the use of newer forms of evidence in the courtroom have become necessary. As stated in Harley Kozushko's report about digital evidence,“The last few years have seen a rise in the number of digital attacks.” Ultimately this rise has helped the judicial system to fully transition into a new way of life. But, not all have been accepting of the changes and controversy over the use of digital technology has taken place.
“Digital evidence encompasses any and all digital data that can establish that a crime has been committed or can provide a link between a crime and its victim or a crime and its perpetrator,” says Harley Kozushko. This form of evidence has made it easier for prosecution to lessen the gap of reasonable doubt that is placed in the mind of the jury. More than any other type of evidence, digital evidence has been put under critical skepticisms relating to its validity, weight and admissibility in a case.
The debate surrounding this issue is all based upon the Fourth Amendment and how it should be used to regulate the process of use and collection of digital evidence. As stated in the Harvard Law Review written by Orin S. Kerr, “Computers record and store a remarkable amount of information about what users write, see, hear and do.” This is why the Fourth Amendment’s protection of people’s right to search and seizure is being challenged. Terms in which people thought we once understood are being rethought. For example, “search” has been defined by Kerr as “whenever data is exposed to human observation, such as through a computer monitor.” Issues will continue to arise and a “…deeper perspective on the Fourth Amendment as a whole” will be offered with the review of this Amendment.
On the other side of the issue, technology continues to increase its role in the courtroom. Over the last few years courtroom technology has been used to draw attention and emphasize particular points within a case, while still being about to create a visual for all parties in the courtroom. By allowing these three actions to take place, the understanding of the judge, defense, and jury continues to get better and more efficient.
As we advance in the way in which we explore the collection and preserving of digital evidence, problems will continue to arise and controversy will never cease to occur. Difference between the Fourth Amendment and digital evidence will lead to more consistent rules throughout the federal and state systems.
What is Digital Evidence?
