Can computers survive cross-examination?
http://news.zdnet.com/2100-1009_22-5...=zdfd.newsfeed
Quote:
First, are the files recovered from the computer to be considered original or hearsay? The point is an important one because, other than in special circumstances, hearsay evidence is generally considered to be inadmissible in criminal courts. Consider the computer as a "witness" of some kind. The contents of the various files--such as e-mails, documents and the like--consists of things which, in some sense, the computer has 'heard' the user say to it; and which, again in some sense, the computer has accurately remembered. Textual content of files must therefore be considered a form of documentary hearsay. In contrast, the time stamps, log file entries and other material produced by the computer as a result of its normal operation--programs acting without user intervention--might be considered as having been "witnessed" by the computer directly: these might be considered as original documentary evidence.
So the question is can there be proof beyond a reasonable doubt that all the 1 and 0's came off the computer and into court exactly as they were on the computer? You would think so but I think a lot of stuff would get very muddled by the lawyers, especially in jury cases.