NCJ Number
117358
Date Published
1989
Length
10 pages
Annotation
This article discusses guidelines that should increase an attorney's chances of getting computer-generated evidence admitted at trial.
Abstract
The attorney must first identify the types of computer-generated evidence to be used, since the type of evidence determines the evidentiary problems likely to be encountered. For computer-generated evidence to be admitted, the attorney must establish first that it is authentic, relevant, and otherwise admissible. The second step is to demonstrate that the computerized information is authentic. According to Rule 901(b)(9) of the Federal Rules of Evidence, the product of a process or system will be deemed authentic if the proponent produces evidence describing the process or system and showing that the process or system produces an accurate result. In the case of a computer printout that is a public record, it is sufficient to show that the printout came from the office that is its proper legal custodian. This article describes ways to authenticate other types of computer evidence, followed by a discussion of how to comply with or 'sidestep' the hearsay and best-evidence rules of evidence.