Many of our rules of evidence date back decades if not centuries to a time when little, if anything, was recorded and stored. Back then, evidence was led almost exclusively through the viva voce testimony of witnesses drawing on imperfect memories. Now, criminal courts are flooded with text messages, videos, social media screen captures, cell tower records, and all sorts of other digitally recorded evidence. How can we ensure the courts remain relevant and accessible to parties seeking to adduce electronic evidence while also guarding against the danger of digitally manipulated data?
In this seminar, Peter Sankoff and Gerald Chan explore these questions and discuss the legal principles that counsel and the courts need to be aware of when dealing with electronic evidence, including hearsay, authentication, and the best evidence rule.