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In an adversarial judicial system, can a judge trust the prosecution to not tamper with digital evidence? What can the defense do in a situation where the prose
by pooper 11y ago
In an adversarial judicial system, can a judge trust the prosecution to not tamper with digital evidence? What can the defense do in a situation where the prosecution plants an identical storage device (hard disk drive, ssd, flash drive) that contains cp specimen?
Does the judge simply take prosecution's word? If so, why can't they just take the defense's word that they don't know the password?
- tedunangst 11y agoDuring cross examination, the defense attorney can ask "Did you plant this evidence?" Alternatively, the defendant can take the stand and declare that they don't know the password and the porn isn't theirs. Then the jury decides who to believe.
- dragonwriter 11y ago> In an adversarial judicial system, can a judge trust the prosecution to not tamper with digital evidence? The judge doesn't have to trust the evidence, the judge just allows the prosecution to present it, and allows the defense to present whatever they have to rebut it, including challenges to its provenance, counterevidence, etc.