Chapter 5

Admissibility Foundation for Digital Evidence

Chapter Content

  1. The Concept of Authenticity
    1. Alteration of Computer Records
    2. The Reliability of Computer Programs
    3. Identifying the Author of Computer-Stored Records
  2. The Concept of Relevancy
    1. Structure of Argument about Relevance
  3. Unfair Prejudice
  4. The Hearsay Rule
    1. Hearsay Rule and Computer-Generated Records
    2. Hearsay Rule and Computer-Stored Records
    3. Hearsay Rule and Voicemails
  5. The Concept of “Original” and the Application of the Best Evidence Rule to Computer Records in the Admissibility Process
  6. The Admissibility Foundation Check-list
  7. Evidentiary Weight of Electronic Documents
After the exploration of the various sources of digital evidence, it is time to consider the admissibility foundation upon which digital evidence is predicated. Chapter 5 takes us through the various stages such as authentication, relevance, hearsay, unfair prejudice, original and copy, chain of custody/audit trail and weight of evidence.