LAW-2660 Digital Evidence
Digital Evidence The investigations and litigation of today frequently involve collection and evidentiary use of electronic data. From cybercrime to a bar fight, digital evidence is part of almost every criminal case. Effective advocates know how to use the legal, procedural, and strategic tools available to gather, interpret, and effectively present the most relevant digital evidence at evidentiary hearings and trial. This course will provide the knowledge and tools needed to optimize the gathering, interpretation, and evidentiary use of digital evidence. First, we will learn how electronic data is stored, forensically collected, and formatted for use by lawyers in criminal cases. Second, we will learn the most effective ways to identify, preserve, and gather electronic data to ensure evidentiary admissibility, focusing on statutory powers and Fourth Amendment rights. Third, we will explore the optimal strategies for admitting digital evidence, including qualifying expert witnesses, laying the proper foundation, and common objections. Finally, we will learn the ideal methods of courtroom presentation of digital evidence, using multimedia tools to create effective courtroom presentations. Students will learn the relevant law, rules, and procedure in using digital evidence and practice applying this knowledge through class discussions, in-class exercises, and a mock hearing to develop the knowledge and experience to utilize digital evidence in investigations, hearings, and trial. Students grades will be determined by class attendance, full preparation, and thoughtful participation in class (20%); Midterm Assessment (20%); and an end of semester final presentation (20%) and assessment (40%). For students who would like to use the final paper to fulfill their Legal Writing Requirement, the number of students who may do so is limited to five and will be approved to the first five students who ask and send me the paperwork with their entries completed. Prerequisites: Evidence is a prerequisite. While Criminal Procedure is helpful to complete before taking this course, it is not a prerequisite. 19 Jan 2023 6:55 AM
Prerequisite
Student has completed all of the following course(s) LAW 2166 - Evidence