ENGLISH

Digital evidence and the new criminal procedure

By Kerr O.S.

Book information

Language
english
Format
PDF
Filesize
137 kB (140309 bytes)
Pages
\40
Topic
Jurisprudence Law
Library
twirpx
Time added
2017-08-07 07:01:42
Юридические дисциплины;Уголовный процесс;Доказател

Description

Columbia law review Vol. 105, 2005The widespread use of computers in recent years has led to a new type of evidence in criminal cases: digital evidence, consisting of zeros and ones of electricity. In this Essay, Professor Kerr considers whether traditional rules of criminal procedure can effectively regulate investigations involving digitalevidence. Kerr concludes that the new methods of gathering digital evidence trigger a need for new legal standards. Existing law is tailored to the gathering of physical evidence and eyewitness testimony; applying that law to digital evidence collection produces a number of surprising results. ProfessorKerr contends that new rules are needed, and offers preliminary thoughts on what those rules should look like and which institutions should generate them.

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