Appreciation of digital evidence

Digital evidence has been offered in an increasing number of criminal and civil court

cases over the last decade (Brown, 2010; Cohen, 2008, 2010; Kerr, 2010). Digital

evidence must meet the standards of other scientific and technical evidence to be

admissible in court (Daubert, 1993; Kumho Tire, 1999; U.S. Courts, 2008c). Judges and

juries make decisions based upon their understanding of evidence that is presented at trial

(Kerr, 2009). Familiarity with ICTs due to the everyday use of computers, the Internet,

mobile phones, and other digital devices and network services might be interpreted by a

fact-finder as understanding how evidence is derived from these digital sources (Losavio,

Adams, & Rogers, 2006; Rogers et al., 2007; Scarborough et al., 2009). An

understanding of how digital evidence is derived is a critical factor in weighing the

probative and prejudicial value of this evidence when introduced in court (Cohen, 2008,

2010; Frowen, 2009; Kerr, 2009).

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