Book contents
- Frontmatter
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Statutes
- Table of Council of Europe Instruments
- Table of Other Council of Europe Materials
- Table of European Union Instruments
- Table of Other European Union Materials
- Table of Other Materials
- Abbreviations
- Introduction
- Part I Human–Robot Interactions and Substantive Law
- Part II Human–Robot Interactions and Procedural Law
- 5 Introduction to Human–Robot Interaction and Procedural Issues in Criminal Justice
- 6 Human Psychology and Robot Evidence in the Courtroom, Alternative Dispute Resolution, and Agency Proceedings
- 7 Principles to Govern Regulation of Digital and Machine Evidence
- 8 Robot Testimony?
- 9 Digital Evidence Generated by Consumer Products
- 10 Data as Evidence in Criminal Courts
- 11 Reconsidering Two US Constitutional Doctrines
- Part III Human–Robot Interactions and Legal Narrative
- Index
9 - Digital Evidence Generated by Consumer Products
The Defense Perspective
from Part II - Human–Robot Interactions and Procedural Law
Published online by Cambridge University Press: 03 October 2024
- Frontmatter
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Statutes
- Table of Council of Europe Instruments
- Table of Other Council of Europe Materials
- Table of European Union Instruments
- Table of Other European Union Materials
- Table of Other Materials
- Abbreviations
- Introduction
- Part I Human–Robot Interactions and Substantive Law
- Part II Human–Robot Interactions and Procedural Law
- 5 Introduction to Human–Robot Interaction and Procedural Issues in Criminal Justice
- 6 Human Psychology and Robot Evidence in the Courtroom, Alternative Dispute Resolution, and Agency Proceedings
- 7 Principles to Govern Regulation of Digital and Machine Evidence
- 8 Robot Testimony?
- 9 Digital Evidence Generated by Consumer Products
- 10 Data as Evidence in Criminal Courts
- 11 Reconsidering Two US Constitutional Doctrines
- Part III Human–Robot Interactions and Legal Narrative
- Index
Summary
Historically, criminal offenses were proved through witness testimony, physical evidence, confessions, and rudimentary forensic techniques such as fingerprinting. But with the dawn of the digital era, prosecutors have increasingly relied on evidence gleaned from the modern arsenal of consumer technologies, such as cell phones or automated systems. Although much has been written about prosecutors’ use of such evidence to prove a defendant’s guilt, far less attention has been given to the challenges faced by the defense in accessing, presenting, or attacking forms of proof derived from sophisticated consumer technologies. This chapter aims to fill that gap, first by presenting a taxonomy of digital proof and then by isolating the critical characteristics of such evidence. The chapter suggests that this taxonomy can support efforts to formalize and standardize a defendant’s ability to marshal defense evidence for exculpatory and adversarial purposes as readily as the government does to inculpate.
- Type
- Chapter
- Information
- Human–Robot Interaction in Law and Its NarrativesLegal Blame, Procedure, and Criminal Law, pp. 193 - 220Publisher: Cambridge University PressPrint publication year: 2024
- Creative Commons
- This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/