7.4 Best Evidence


7.4 Best Evidence

When dealing with the contents of a writing, recording, or photograph courts sometimes require the original evidence. This was originally intended to prevent a witness from misrepresenting such materials by simply accepting their testimony regarding the contents. With the advent of photocopiers, scanners, computers, and other technology that can create effectively identical duplicates, copies became acceptable in place of the original, unless "a genuine question is raised as to the authenticity of the original or the accuracy of the copy or under the circumstances it would be unfair to admit the copy in lieu of the original" (Best Evidence Rule).

Because an exact duplicate of most forms of digital evidence can be made, a copy is generally acceptable. In fact, presenting a copy of digital evidence is usually more desirable because it eliminates the risk that the original will be accidentally altered. Even a paper printout of a digital document may be considered equivalent to the original unless important portions of the original are not visible in printed form. For example, a printed Microsoft Word document does not show all of the data embedded within the original file such as edits and notes.




Digital Evidence and Computer Crime
Digital Evidence and Computer Crime, Second Edition
ISBN: 0121631044
EAN: 2147483647
Year: 2003
Pages: 279

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