NCJ Number
60995
Journal
RUTGERS JOURNAL OF COMPUTERS, TECHNOLOGY, AND THE LAW Volume: 7 Issue: 1 Dated: (1979) Pages: 157-212
Date Published
1979
Length
56 pages
Annotation
A GENERAL EXPLANATION OF ELECTRONIC DATA PROCESSING IS PRESENTED WITH AN ANALYSIS OF THE FEDERAL RULES OF EVIDENCE WHICH RELATE TO COMPUTER-GENERATED EVIDENCE, AND THE RATIONALES FOR THOSE RULES.
Abstract
THE FEDERAL RULES OF EVIDENCE, WHICH ARE THE MODEL FOR MANY STATE EVIDENTIARY RULES, DO NOT INCLUDE RULES SPECIFICALLY DIRECTED AT THE ADMISSIBILITY OF COMPUTER-GENERATED EVIDENCE, BUT THE EXISTENCE OF SUCH EVIDENCE HAS BEEN ACKNOWLEDGED BY THE ADDITION OF THE TERM 'DATA COMPILATIONS' TO SEVERAL RULES. THESE PROVISIONS ASSURE THAT EVIDENCE WILL NOT BE DENIED ADMISSION MERELY BECAUSE OF ITS NONTRADITIONAL FORM. HOWEVER, THE APPLICATION OF THE RULES INDICATES THAT MOST JUDGES LACK AN UNDERSTANDING OF DATA PROCESSING, AND THAT THEY HAVE RAISED QUESTIONS CONCERNING PROPER FOUNDATION FOR ADMISSION, HEARSAY, AND BEST EVIDENCE. BASICALLY, DATA PROCESSING SYSTEMS CONSIST OF COMPUTER HARDWARE, WHICH INCLUDES A CENTRAL PROCESSING UNIT, AND SOFTWARE, WHICH INCLUDES THE COLLECTION OF PROGRAMS THAT GOVERN THE COMPUTER'S OPERATIONS. WHILE COMPUTER HARDWARE HAS A HIGH DEGREE OF RELIABILITY, THE PROGRAMS ARE UNDESERVING OF THE PRESUMPTION OF ACCURACY. THE FEDERAL RULES OF EVIDENCE SHOULD BE CHANGED TO ASSURE THAT IN ALL CIRCUMSTANCES WHERE ACCURACY OF THE DATA IS IMPORTANT, THE TRIER OF FACT WILL BE PRESENTED WITH SUFFICIENT FOUNDATION TESTIMONY BY THE PROPONENT OF THE EVIDENCE TO INTELLIGENTLY WEIGH THE EVIDENCE. RECOMMENDED CHANGES INCLUDE THE EXCLUSION OF COMPUTER EVIDENCE FROM RULE 901'S AUTHENTICATION REQUIREMENTS, AND THE USE OF A NEW RULE WHICH WOULD NOT REQUIRE VOLUMINOUS TESTIMONY FOR THE FOUNDATION OF THE EVIDENCE. MODIFICATIONS TO RULE 803 (6) ARE REQUIRED TO PREVENT THE ADMISSION OF RECORDS CREATED BY A PROGRAM DEVELOPED FOR TRIAL. FOOTNOTES AND APPENDED CASES LAW ARE PROVIDED. (TWK)