The Impacts of Digital Evidence on Jurisprudence

Dr. Frank Kardasz, July 19, 2024

Editor: Ava Gozo.  

Digital evidence has become increasingly important in criminal investigations and prosecutions. This section examines a few laws, policies, and cases related to digital evidence, as well as some examples of how such evidence has impacted various criminal cases.

Laws and Policies Governing Digital Evidence

The collection and use of digital evidence in criminal cases is governed by several key laws and policies:

• Fourth Amendment protections: The Fourth Amendment's protections against unreasonable searches and seizures apply to digital evidence. Law enforcement generally needs a warrant to search electronic devices or access digital accounts[2].
• Electronic Communications Privacy Act (ECPA): This law sets standards for government access to electronic communications and associated data. It requires warrants for accessing the content of recent emails and other stored communications[3].
• Federal Rules of Evidence: Rule 902(14) allows for the self-authentication of data copied from electronic devices if a qualified person certifies that it was copied using a reliable process[7].
• Best practices guidelines: Organizations like the National Institute of Justice have published guidelines on proper procedures for seizing, handling, and analyzing digital evidence to ensure admissibility in court[3].

Notable Cases Involving Digital Evidence

Digital evidence has played a significant role in many high-profile criminal cases:

• Aaron Hernandez murder trial: A Blackberry phone belonging to Hernandez was a key piece of evidence. Specialized forensic techniques were required to access data on the then-new device model[4].
• BTK Killer case: Metadata from a floppy disk sent by serial killer Dennis Rader to police helped lead to his identification and arrest after decades of evading capture[8].
• Craigslist Killer case: Email records and IP address tracing helped identify Philip Markoff as the suspect in a series of attacks on women who had advertised services on Craigslist[8].
• Larry J. Thomas murder case: Facebook posts showing the defendant with a weapon matching ballistics evidence from the crime scene helped secure a conviction[8].

Impact on Various Cases

Digital evidence has had varying impacts across different categories of criminal cases:

• Homicide cases: Cell phone location data, text messages, and social media activity have provided crucial timeline and motive evidence in many murder investigations[4][8].
• Sex offense cases: Digital evidence like chat logs and file sharing records are often central to child exploitation investigations. However, challenges in proving who actually accessed or created files can complicate prosecutions[6].
• Fraud and financial crimes: Digital forensics plays a major role in tracing complex financial transactions and uncovering hidden assets in cases like bankruptcy fraud and money laundering[5].
• Harassment and threats: Electronic communications are key evidence in cyberstalking and online threat cases, though proving authorship can be challenging[5].

Challenges & Considerations

While digital evidence can be powerful, it also presents unique challenges:

• Authentication: Proving that digital evidence is what it purports to be and hasn't been altered can be difficult[7].
• Chain of custody: Properly documenting how digital evidence was collected, stored, and analyzed is crucial for admissibility[7].
• Encryption: Strong encryption can make accessing potential evidence on devices very difficult for investigators[6].
• Volume of data: The sheer amount of data to be analyzed in some cases can be overwhelming[6].

Digital forensics and electronic evidence have revolutionized many aspects of criminal investigations and prosecutions. However, the rapidly evolving nature of technology means that laws, policies, and investigative techniques must continually adapt to new challenges. As digital evidence becomes even more central to criminal cases, it's critical that both law enforcement and defense teams develop strong expertise in this area to ensure fair and effective administration of justice.

References

Friedman Criminal Law. (2023). Can Cell Phone Evidence Be Used in Court? https://friedmancriminallaw.com/2023/08/14/can-cell-phone-evidence-be-used-in-court/

National Institute of Justice. (2020). Digital Evidence Policies and Procedures Manual. https://nij.ojp.gov/library/publications/digital-evidence-policies-and-procedures-manual

Utah Tech University. (n.d.). Notable Cases. Digital Forensics Crime Lab. https://dfcl.utahtech.edu/notable-cases/

Cyber Centaurs. (n.d.). Case Examples: Utilizing Digital Forensics in White Collar Criminal Defense. https://cybercentaurs.com/blog/case-examples-utilizing-digital-forensics-in-white-collar-criminal-defense/

New Jersey Criminal Defense Firm. (n.d.). How Digital Evidence in Child Exploitation Cases is Used. https://www.njcriminaldefensefirm.com/blog/child-exploitation-case-evidence/

Pumphrey Law. (2023). Digital Evidence in Criminal Cases. https://www.pumphreylawfirm.com/blog/digital-evidence-in-criminal-cases/

Eclipse Forensics. (n.d.). 3 Famous Cases Solved Through Digital Forensics. https://eclipseforensics.com/3-famous-cases-solved-through-digital-forensics/

Citations

 
[1] https://ojp.gov/ncjrs/virtual-library/abstracts/digital-evidence-criminal-cases-us-courts-appeal-trends-and-issues
[2] https://friedmancriminallaw.com/2023/08/14/can-cell-phone-evidence-be-used-in-court/
[3] https://nij.ojp.gov/library/publications/digital-evidence-policies-and-procedures-manual
[4] https://dfcl.utahtech.edu/notable-cases/
[5] https://cybercentaurs.com/blog/case-examples-utilizing-digital-forensics-in-white-collar-criminal-defense/
[6] https://www.njcriminaldefensefirm.com/blog/child-exploitation-case-evidence/
[7] https://www.pumphreylawfirm.com/blog/digital-evidence-in-criminal-cases/
[8] https://eclipseforensics.com/3-famous-cases-solved-through-digital-forensics/