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9 - Digital Evidence Generated by Consumer Products

The Defense Perspective

from Part II - Human–Robot Interactions and Procedural Law

Published online by Cambridge University Press:  03 October 2024

Sabine Gless
Affiliation:
Universität Basel, Switzerland
Helena Whalen-Bridge
Affiliation:
National University of Singapore
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Summary

Historically, criminal offenses were proved through witness testimony, physical evidence, confessions, and rudimentary forensic techniques such as fingerprinting. But with the dawn of the digital era, prosecutors have increasingly relied on evidence gleaned from the modern arsenal of consumer technologies, such as cell phones or automated systems. Although much has been written about prosecutors’ use of such evidence to prove a defendant’s guilt, far less attention has been given to the challenges faced by the defense in accessing, presenting, or attacking forms of proof derived from sophisticated consumer technologies. This chapter aims to fill that gap, first by presenting a taxonomy of digital proof and then by isolating the critical characteristics of such evidence. The chapter suggests that this taxonomy can support efforts to formalize and standardize a defendant’s ability to marshal defense evidence for exculpatory and adversarial purposes as readily as the government does to inculpate.

Type
Chapter
Information
Human–Robot Interaction in Law and Its Narratives
Legal Blame, Procedure, and Criminal Law
, pp. 193 - 220
Publisher: Cambridge University Press
Print publication year: 2024
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

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