Difficulties in the admissibility of evidence

Difficulties in the admissibility of evidence

The requirements for admitting computerized evidence into trial are demanding.FN70

If a prosecutor is convinced that the court will rule that proof is necessary before it accepts evidence from the computer system, a prosecutor is far more likely to choose to negotiate the case rather than try it.

Unlike the presentation of original records, which can be checked for conflicts such as forgery or data manipulation, stored data can always be manipulated, including a change in information and a transformation of a date from one to another. It is insufficient to declare that there are codes and passwords and other security devices. Something more should be available to trace the input and output as exactly as possible.FN71