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Wednesday, August 5, 2020 | History

2 edition of Admissibility of computer-generated evidence found in the catalog.

Admissibility of computer-generated evidence

Dennis A. Estis

Admissibility of computer-generated evidence

by Dennis A. Estis

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Published by Section of Litigation in [S.l.] .
Written in English


Edition Notes

PRIORITY 2.

StatementDennis A. Estis, E. Richard Kennedy, John Vento.
Classifications
LC ClassificationsIN PROCESS
The Physical Object
Pagination23 p. ;
Number of Pages23
ID Numbers
Open LibraryOL530504M
LC Control Number96106877

  However, it is respectfully submitted that the correct position of the law is that both foundations, i.e. that of electronically generated evidence on one hand, and that of banker’s book must be properly laid before an electronically generated entry in the banker’s book can be held admissible under the Evidence Act. New Delhi: In the age of digitisation and increasing reliance on computerised records in judicial proceedings, the Supreme Court has held that the requirement of a certificate to make an electronic evidence admissible is not mandatory "wherever interest of justice so justifies". The top court's clarification on Section 65B of the Indian Evidence Act, which deals with admissibility of.

  New York Law Journal This article revisits the issue of admissibility of computer-generated animations purporting to reconstruct a series of events or an accident. The discussion is stimulated, in part, by the speed with which a younger generation of trial lawyers is itching to use the latest technology in evidence . Hearsay: Not first and knowledge – normally inadmissible in a case. Computer generated records and with that Log Files were considered hearsay, but case law and updates to the Federal Rule of Evidence have changed that.

Such compounding is magnified inestimably through emotion, bias, prejudice and habit.(2) What, then, are the "circumstantial guarantees of trustworthiness"(3) that ought to govern the admissibility of computer-generated evidence and how ought these circumstances be assessed and applied to this versatile tool? THE COMPUTER EQUATION.   The evidence must be tailored to suit the needs of the case. The enactment of the Evidence Act, has attempted to correct some of the difficulties that the admissibility of electronically generated evidence do encounter in Nigerian Courts. CONDITIONS FOR ADMISSIBILITY OF COMPUTER GENERATED EVIDENCE.


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Admissibility of computer-generated evidence by Dennis A. Estis Download PDF EPUB FB2

Admissibility of a computer-generated statement is positive evidence that the computer has properly processed, stored and reproduced whatever information itFile Size: 1MB. The book divides evidence into four basic types – Testimonial, Documentary, Real, and Demonstrative.

The division is logical and economical since each type has its own rules of admissibility. The Evidence Act, has not just provided for the admissibility of electronic and computer generated evidence but has located electronic and computer generated evidence within the realm ot.

What constitute computer generated evidence, the condition precedent for the admissibility, the weight attached to admissible statement, the presumption of the genuineness, the challenges facing its admissibility all attends the occasion to evince the entire character and mode of admissibility of this kind of evidence.

Thus, an expert witness who presents computer generated evidence much have sufficient knowledge of the processes and equipment used in order to lay the appropriate foundation for the evidence. It is not necessary for the witness to be an expert in the computer programs involved but certainly being able to push the buttons is not sufficient for admissibility.

Start studying CRIMINAL EVIDENCE - ADMISSIBILITY OF EVIDENCE - Book The Practical Guide to Evidence in Criminal Cases by Roger E. Salhany. Learn vocabulary, terms, and more with flashcards, games, and other study tools.

Questions regarding the admissibility of computer generated evidence have re-emerged following two recent cases in the US and Canada. In a lengthy analysis, the Connecticut Supreme Court set down a detailed six-part test for the admission of computer generated evidence.

In contrast, an Ontario decision discussed the criteria for the admission. 20th Marchas the title suggests, dealt with only the admissibility of electronic evidence.

Samuel Ebiye-Khimi Idhiarhi, a Chief Magistrate of the FCT Judiciary in 8 chapters spanning pages, wrote only on evaluation of evidence. His book is titled, Practice Notes onFile Size: KB. ABSTRACT The latter part of the twentieth century was marked by the invention of the electronic transistor and machines and ideas driven by it.

Effectively, the world has changed from analogue to digital. There is an entire constellation of mostly. When documents or evidence in an electronic format is used as evidence in commercial litigation, it is crucial to ascertain whether the document is authentic, i.e. an unaltered original version of the electronic document or data message.

The aforesaid is in place to address one important consideration - whether the evidence is admissible or Size: KB. When documents or evidence in an electronic format is used as evidence in court proceedings, it is crucial to ascertain whether the document is authentic, i.e. an unaltered original version of the electronic document or data message.

The aforesaid is in place to address one important consideration - whether or not the evidence is admissible or not. Documents as Admissible Evidence in Ireland (4) Analogies between the Irish and English provisions (5) Admitting Documentary Evidence Issues of Hearsay in South Africa (6) Authenticating Electronic and Automated Documents as Admissible Evidence in Victoria, Australia (7) Authenticating Electronic and Automated Documents as Admissible Evidence in the US   The four conditions for admissibility of computer-generated evidence under Section 84(2) are that: (a)the statement sought to be tendered was produced by the computer during a period when it was in regular use; (b)during that period of regular use, information of the kind contained in the document or statement was supplied to the computer.

Idachaba who observed that the book was novel added that it dealt with among others issues, the general principles of admissibility of electronic evidence, trial, evidence, facts and comparative analysis of issues surrounding admissibility of computer generated evidence.

In his remarks, author of the book, Justice Alaba Omolaye-Ajileye. BOOKS OF ACCOUNTS. Also admissible under the new Evidence Act, are entries in books of accounts or electronic records of such books of accounts regularly kept in the ordinary course of business.

However, Section 51 of this Law provides the caveat that such statements alone shall not be sufficient evidence to discharge any person of liability. That is to say once these four conditions precedent for admissibility of a statement contained in a document produced by a computer, and the evidence so generated is reliable and authenticated by appropriate authority, or signed by a person occupying a responsible position in relation to the operation of the relevant device; the evidence so generated shall be admitted in evidence.

treatment of computer-generated evidence because of the various errors accompanying modern electronic data processing (EDP) is explored.

Finally, it is suggested that judges should require pro-ponents of computer-generated evidence to demonstrate its reliabil-ity with greater certainty than is presently required in most.

Ensuring the Court Admissibility of Computer-Generated Records l effect inreplacing the Federal Business Records Act [3]. Although this law now prevails in federal court and in a majority of states, the Uniform Business Records as Evidence Act (which bears a.

is a platform for academics to share research papers. This book is like a treasure for a counsel. When I first got to open this book as a novice I felt more like "an Alice in the wonderland" of law.

Its best read for every practicing lawyer and students for appearing in vying. Must read for a criminal lawyer as it deals all the likely possible ways of evidence Reviews: 1.

The admissibility of computer generated evidence is governed by section 84 of the Evidence Actthe word document is defined as we have seen earlier under section of the said Act and it includes computer. or the document is an entry in a bankers’ book.The provisions of the Evidence Act apply to both civil and criminal proceedings.

This chapter of the Civil Trials Bench Book has been designed for use in both civil and criminal proceedings, so that individual judges may, if they so wish, keep the chapter in a separate folder for that purpose. The Evidence Act has made substantial changes to the law of evidence in New South Wales: Papakosmas.Inthe United States’ Congress adopted Fed.

R. Evid., Rule (6) to allow the custodian of the evidence or other qualified witness to testify as to the admissibility of computer generated evidence.