scholarly journals Recommendations for the probity of computer evidence

2020 ◽  
pp. 18-26
Author(s):  
Paul Marshall ◽  
James Christie ◽  
Peter Bernard Ladkin ◽  
Bev Littlewood ◽  
Stephen Mason ◽  
...  
Keyword(s):  
Computer Systems ◽  
Fair Trial ◽  
Present Approach ◽  
Central Problem ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Evaluation Of Evidence

There exists widespread misunderstanding about the nature of computers and how and why they are liable to fail. The present approach to the disclosure or discovery and evaluation of evidence produced by computers in legal proceedings is unsatisfactory. The central problem is the evidential presumption that computers are reliable. This presumption is not warranted. To this end, recommendations are proposed to rectify this problem with the aim of increasing the probability of a fair trial. Index words: electronic evidence; computer systems; disclosure; discovery; recommendations for judges; fairness of legal proceedings

Confirmation bias in decision making for fingerprints, DNA and eyewitness evidence cannot be explained by cognitive style or thinking dispositions.

2019 ◽  
Author(s):  
Daniel Edgcumbe
Keyword(s):  
Decision Making ◽  
Cognitive Style ◽  
Cognitive Biases ◽  
Confirmation Bias ◽  
Criminal Case ◽  
Court Cases ◽  
Legal Proceedings ◽  
Thinking Dispositions ◽  
Evaluation Of Evidence ◽  
Facial Composite

Pre-existing beliefs about the background or guilt of a suspect can bias the subsequent evaluation of evidence for forensic examiners and lay people alike. This biasing effect, called the confirmation bias, has influenced legal proceedings in prominent court cases such as that of Brandon Mayfield. Today many forensic providers attempt to train their examiners against these cognitive biases. Nine hundred and forty-two participants read a fictional criminal case and received either neutral, incriminating or exonerating evidence (fingerprint, eyewitness, or DNA) before providing an initial rating of guilt. Participants then viewed ambiguous evidence (alibi, facial composite, handwriting sample or informant statement) before providing a final rating of guilt. Final guilt ratings were higher for all evidence conditions (neutral, incriminating or exonerating) following exposure to the ambiguous evidence. This provides evidence that the confirmation bias influences the evaluation of evidence.

Varieties of Fairness and Procedural Cultures: A Comparative Discussion

2016 ◽  
Vol 5 (2) ◽  
pp. 208-225
Author(s):  
Jaakko Husa
Keyword(s):  
Cultural Differences ◽  
Cultural Context ◽  
Common Law ◽  
Plea Bargaining ◽  
Legal Culture ◽  
Fair Trial ◽  
Human Right ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Specific Meaning

Fairness is an important part of legal proceedings and fair trial. Procedural rules are an integral part of the legal cultural context that gives them meaning. This article discusses procedural cultures from the point view of legal language and legal culture. The multiplicity of law and legal cultures functions as a base for an analysis of criminal procedural law using plea bargaining as an example. The author highlights the differences between common law and civil law and shows that even though there has been convergence there are still significant legal cultural differences. This article reveals how there is a legal cultural variety in the ways in which fairness forms a part of the conception of fair trial as a European human right. The concluding section highlights the theoretical implications of the article as a whole by stressing the importance of sensitivity and the constant need to define the specific meaning.

scholarly journals Computer forensics and electronic evidence in criminal legal proceedings: Lithuania’s experience

2019 ◽  
pp. 11-24
Author(s):  
Jolita Kančauskienė
Keyword(s):  
Best Practice ◽  
Criminal Procedure ◽  
Computer Forensics ◽  
Criminal Prosecution ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Evidence Law ◽  
The Republic ◽  
Ultimate Objective ◽  
Law And Legislation

Jolita Kančauskienė, a Prosecutor of the Criminal Prosecution Department, Prosecutor General’s Office in the Republic of Lithuania, examines the role and development of electronic evidence in criminal legal proceedings in Lithuania. Since the ultimate objective is to use evidence to prove or disprove disputed facts, electronic evidence must be obtained in compliance with existing legislation and best practice to ensure admissibility at trial. Index words: Evidence law, criminal procedure, Electronic evidence law and legislation, Lithuania

ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS

2017 ◽  
Author(s):  
Anastasiia Antoniuk ◽  
◽  
Valeriia Rusetska ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Specialized Knowledge ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Effective Implementation ◽  
Procedure Code ◽  
Definition Of ◽  
Developed World ◽  
Theoretical Issues

This article is devoted to the consideration of theoretical issues related to the introduction in Ukraine of the institution of electronic evidence of criminal proceedings. The article also raises the question of ways to obtain electronic evidence. The article notes that in the modern developed world there are more and more new types of crimes. In this context, we will consider crimes closely related to the use of information technology. Proving such crimes raises some difficulties. To date, it is relevant to consolidate the concept of electronic evidence in the Criminal Procedure Code of Ukraine and the formation of a methodology for their study. Also, the author of the article notes that among the unresolved and problematic aspects of using electronic evidence in criminal proceedings in Ukraine, scientists distinguish: the lack of a clear procedural procedure for obtaining them in accordance with the Criminal Procedure Code of Ukraine; lack of grounds for declaring electronic evidence inadmissible; difficulties in identifying and fixing electronic evidence due to the lack of specialized knowledge among investigators, which necessitates the involvement of specialists for conducting legal proceedings; lack of a developed methodology for studying such evidence; lack of uniform terminology and regulation at the legislative level. It is determined in the article that for the effective implementation of international law in the field of combating cybercrime, it is advisable to substantiate the need for a legislative definition of electronic evidence, sources of their formation, the admissibility of international cooperation through the exchange of electronic evidence, the expediency of using electronic methods of sending requests and responses about their implementation, the possibility application of control information supply for investigation of transnational computer crimes. Based on the above, the author offers his own definition of electronic evidence. It is concluded that it is necessary to legislatively consolidate the term "electronic evidence" and continue to study the category, the importance of developing a methodology for studying electronic evidence, the procedure for collecting and recording them.

scholarly journals THE “JUSTICE INDEX” IS A STEP TOWARDS THE IMPLEMENTATION OF THE GLOBAL GOAL 16 OF THE U.N. AGENDA

2018 ◽  
Vol 5 (3) ◽  
pp. 64-85
Author(s):  
E. Alekseevskaya ◽  
L. Treskina
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Fair Trial ◽  
Access To Justice ◽  
Legal Proceedings ◽  
The Public ◽  
European Court ◽  
Indexing Method ◽  
Protection Of Human Rights ◽  
Global Goal

This paper proposes a method for measuring sustainable development as a means of the implementation of the Global Goal 16 of the United Nations Agenda. This method is the primary attempt to quantify the quality of the rules of the judiciary and access to a court in order to monitor sustainable development in the area of justice. In the recent years, the U.N. drew attention to the fact that qualitative changes should be evaluated through quantitative indicators.The authors’ methodology is based on the fair trial standard formulated by the European Court of Human Rights based on the interpretation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the public services standard of the Russian Federation. This indexing method helps to assess the current level of legal guarantees in the rules of legal proceedings and draft legislation, and to establish their compliance with the fair trial principles. Indexing the access to justice has another positive effect – it helps to monitor the local situations and every level of the judicial system.Putting this method into practice will encourage avoidance of the adoption of bills that might reduce the level of legal guarantees and will assist attempts to monitor its dynamics. It could promote the introduction of effective procedures and better access to court, ensure the improved accountability of all public justice institutions at all levels and support overall societal wellbeing.

scholarly journals Legal Assistance in Criminal Cases in Digital Society

2021 ◽  
Vol 16 (11) ◽  
pp. 167-173
Author(s):  
E. K. Antonovich
Keyword(s):  
Information Technology ◽  
Information Technologies ◽  
Legal Assistance ◽  
Digital Environment ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Foreign State ◽  
Identification Of Persons

The digital environment developing in our society is becoming a kind of platform that not only conditions  the emergence of new types of crime, but also provides new opportunities in the investigation of crimes. Therefore,  the use of information technology should not only help in the prevention, detection of crimes and the identification  of persons who committed them, but also become a reliable guarantor of ensuring the rights of persons involved  in the orbit of criminal proceedings. The author discusses not only the problems of application of information  technologies in the production of certain investigative actions and the place of electronic evidence in the list  of types of evidence, but also the transfer of criminal proceedings to electronic format, examines individual  advantages and benefits that can be obtained from digitalization of criminal proceedings. The author carries out  a comparative analysis of Russian and foreign criminal procedure legislation in the context of the development of  digital technologies. The question of the possibility of using artificial intelligence in legal proceedings, including in  criminal proceedings, is considered. These issues acquire particular relevance when the investigation is connected  with the need to interrogate persons who are at the time of the investigation of a criminal case on the territory of a  foreign state. The same applies to the production of other investigative actions. In this case, cooperation is carried  out within the framework of providing legal assistance in criminal cases. A separate problem is the differences in  the criminal procedural legislation of the states cooperating in the provision of legal assistance in criminal cases.  Indeed, some foreign laws allow for the possibility of remote interrogation and remote search. All this determines  the search for new vectors for the development of international cooperation with more detailed regulation of the  production of remote investigative actions and in terms of securing the rights and obligations of its participants  not only for simpler and faster ways of accessing electronic evidence, but also for granting and observing their  rights and establishing and observing requirements for information technology, storage and transmission of data,  as well as the use of the information received.

The Impact of Artificial Intelligence on the Right to a Fair Trial: Towards a Robot Judge?

2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Jasper Ulenaers
Keyword(s):  
Justice System ◽  
Social Process ◽  
Fair Trial ◽  
Extensive Literature ◽  
Legal Proceedings ◽  
Court Proceedings ◽  
The One ◽  
The Right ◽  
The Impact ◽  
Human Judge

AbstractThis paper seeks to examine the potential influences AI may have on the right to a fair trial when it is used in the courtroom. Essentially, AI systems can assume two roles in the courtroom. On the one hand, “AI assistants” can support judges in their decision-making process by predicting and preparing judicial decisions; on the other hand, “robot judges” can replace human judges and decide cases autonomously in fully automated court proceedings. Both roles will be tested against the requirements of the right to a fair trial as protected by Article 6 ECHR.An important element in this test is the role that a human judge plays in legal proceedings. As the justice system is a social process, the AI assistant is preferred to a situation in which a robot judge would completely replace human judges. Based on extensive literature, various examples and case studies, this paper concludes that the use of AI assistants can better serve legitimacy and guarantee a fair trial.

scholarly journals Electronic Evidence in the Civilistic Process

2021 ◽  
Vol 1 ◽  
pp. 74-79
Author(s):  
N. A. Nikitashina ◽  
◽  
K. V. Maryasov ◽  
Keyword(s):  
Traditional Approach ◽  
Legal Regulation ◽  
Electronic Document ◽  
Sources Of Information ◽  
Electronic Documents ◽  
Computer Tools ◽  
Electronic Evidence ◽  
Information Interaction ◽  
Evaluation Of Evidence ◽  
Electronic Sources

The current civil procedure legislation refers to information obtained from electronic sources of information as written evidence. At the same time, electronic evidence is not an independent means of proof. The purpose of this article is to study the possibility and necessity of allocating electronic evidence as independent means of proof. The traditional approach to understanding the electronic document is based on the participation of the person in the information interaction as the author of the document and its performer. At the same time, the electronic document is characterized by its (special) properties related to its creation, change, preservation. In addition, the authors draw attention to the existence of electronic documents that do not have a human-readable form but create, modify or terminate rights and obligations. The study also points to the possibility of self-participation of computer tools in information interaction. In the article, the authors propose to distinguish electronic evidence as an independent means of proof, and also justify the theoretical and practical necessity of this approach to the legal regulation of the procedure of proof in civil and arbitration proceedings (research, recording, evaluation of evidence from electronic sources).

scholarly journals The harm that judges do – misunderstanding computer evidence: Mr Castleton’s story

2020 ◽  
pp. 25-48
Author(s):  
Paul Marshall
Keyword(s):  
Computer Systems ◽  
User Input ◽  
Electronic Evidence ◽  
Proper Functioning ◽  
Input Error

The reliability of computer systems, and the reliability of documents produced by computers, is important. There is a widely held perception that computers are fundamentally reliable. Further, it is commonly assumed that most computer errors are readily detectable or otherwise the result of user ‘input’ error. Since 1997 the courts have applied the presumption of the proper functioning of machines to computers. This article considered the case of Lee Castleton to illustrate that this presumption can have a devastating effect when applied. Index words: software, electronic evidence, computer evidence, presumption of reliability

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