NCJ Number
133380
Date Published
1991
Length
103 pages
Annotation
Although computers have made the government more powerful in its crime-fighting efforts, defense lawyers must be aware, particularly in the pretrial discovery stage, of the potential danger posed to their clients by unreliable computerized information.
Abstract
Computers are used by the government in electronic eavesdropping; tax returns; investigations of money laundering and financial crimes; and as components in expert systems, conceptual searches, and artificial intelligence programs. There are, however, many sources of unreliable computerized information stemming from the underlying information: data entry, program errors and biases, inadequate security, and output. The problem is compounded because the courts are not exposing the seriousness of this unreliability factor. This author advocates broad discovery of computerized information by the defense, whose current discovery practices are inadequate to effectively evaluate the reliability of such information before the trial. Some strategies by which the defense can seek information and the government can thwart disclosure are discussed. He proposes a standard of materiality under the Federal Rules of Criminal Procedure discovery provisions that will provide attorneys with the type of information necessary to evaluate computerized evidence. At stake are the defendant's constitutional rights to due process, to confront and cross- examine witnesses, to compulsory process, to the effective assistance of counsel, and to public criminal proceedings. 354 notes