The Use of Digital Evidence in Criminal Proceedings

Abstract

The use of digital evidence has become an essential part of contemporary criminal proceedings as it has radically transformed the way justice systems investigate, prosecute as well as adjudicate crime. The ever-increasing data volume created by computers, mobile devices, cloud computing systems, and Internet of Things devices has presented both unmatched possibilities in the crime detection process and very difficult challenges to the legal systems that are in place to regulate the flow of such data to be collected, stored, analyzed and presented. The current evidentiary and procedural systems - designed to work in a physical evid25 E. Jackson Blvd, Chicago, IL 60604, USA.ence world - are, in turn, becoming stretched by the instability, complexity, and location-based fluidity of digital information, introducing systemic threats to procedural fairness and the presumption of innocence. The article goes beyond a pure theoretical and conceptual discussion of the digital evidence at the criminal proceedings level, relying on the digital forensics literature, evidence law, and the theory of governance. It critically analyzes admissibility norms in the leading legal systems, models of the forensic process and regulatory difficulties of new forms of evidence. The paper suggests a four-pillar governance framework such as legal standards, forensic integrity, chain of custody, and fairness and rights with the underlying international harmonisation and technological adaptation mechanisms. This article posits that the digital evidence needs not only technical enhancement of the forensic approach, but a deliberate redefinition of the regulatory structure that is adaptable to the technological advancement without losing the basic principles of criminal justice fairness, accuracy, and protection against false conviction.