NCJ Number
99923
Journal
FBI Law Enforcement Bulletin Volume: 54 Issue: 10 Dated: (October 1985) Pages: 25-31
Date Published
1985
Length
7 pages
Annotation
This article discusses basic evidentiary requirements for admitting computer documents, including an analysis of relevant cases decided under common law and Federal and State evidence codes.
Abstract
One evidentiary requirement for the admission of computer evidence is authentication, which involves establishing that the document is what it is claimed to be. This requires showing by whom and how a document was created and where and how it has been kept since its creation. Also, the best evidence rule requires that whenever possible the original document be presented in court. Exceptions permit the use of a true copy when it is impractical to present the original and the use of a summary of the original document where it is so large that its introduction would be unduly burdensome. Further, the rule against heresay requires that some indication of truthfulness substitute for the usual tests of observation of demeanor and cross-examination. Computer evidence cases decided under common law as well as Federal and State evidence codes suggest that presenters of such evidence must provide detailed facts about the involved computer equipment, programs, operation methods, and the background of expert witnesses assisting in familiarizing the court with these facts. The prosecution must show that the involved computer is recognized standard equipment and that the sources of information and method of preparation satisfy trustworthiness requirements. Fifty-three footnotes are provided.