Digital evidence and electronic signature law review, 12 (2015) | 33 relevance of electronic evidence the supreme court of india re-defines the admissibility of electronic evidence in india vvvvvvvv digital evidence and 4 for an essay on this issue, see stephen mason, 'electronic evidence and the meaning of. This essay first addresses the ethical and evidentiary standards for the emerging use of high-tech computer-generated animations and computer- assisted closing arguments next, this essay considers the same questions within the context of forensic dna evidence third, this essay considers the ethics of prosecutors' use. In nigeria, the difference between affidavit and affidavit evidence as well as the relationship between affidavits and exhibits – electronic or otherwise – attached to and verified in those affidavits it also deals with the interesting relationship in nigerian law between affidavit evidence and the hearsay evidence rule, which. Essay on the many faces of truth in the law of evidence france houle1 & clayton peterson2 let's imagine that everything was destroyed and a new race or a new group of beings came to our planet and they tried to discover our culture through the things that we left, and they find my works of art so i. Can electronic documents be used as evidence international law essay i have noted that, there was a problem of accepting electronic document as primary evidence but in the written laws (miscellaneous amendments) act, 2007, part ix accepted partly in criminal matters and in banking transactions, where now the. At common law, hearsay evidence is not admissible unless it falls under one of the recognised exceptions to establish that fact shall, subject to this part, be admissible as evidence of that fact if— (a) the maker of the note that s95(2)(a ) (referring to computer generated hearsay) speaks of 'activities' which seems wide.
The state and federal courts if the actual photograph is tendered to the fact finder, the electronic image can be treated as the equivalent of a photocopy, used solely for convenience in courtroom evidentiary presentation, however, it is only the electronic images that are presented in evidence in the courtroom, the. The court reasoned that there was insufficient evidence to indicate 'who was responsible for designing the nine database', which generated the this essay does not intend to entirely dismiss the reasoning in icetv but rather, for statute to address the protection of computer-generated works to. This issue paper, which reflects information gathered up to the end of january 2010, was prepared to serve as a basis for the commission's deliberations, to elicit comment and suggestions from relevant stakeholders and to disseminate information on the issue of the use of electronic evidence in criminal and civil.
Computer generated evidence in court essay 4785 words - 19 pages introductionwe are living in what is usually described as an 'information society' and as the business community makes ever greater use of computers the courts are going to find that increasingly the disputes before them turn on evidence which has at. Christopher j buccafusco, gaining/losing perspective on the law, or keeping visual evidence in perspective, 58 u miami l rev 609 (2004) computer- generated evidence in the courtroom, 23 cardozo l rev 393 (2001) jill wjt mitchell, the pictorial turn, in picture theory: essays.
The honourable supreme court in anvar pv vs pk basheer overruled the part of the judgment held by that court in state (nct of delhi) vs navjot sandhu alias afsan guru, relating to the admissibility of electronic records as we all know, the law governing the admissibility of secondary evidence of. The recent amendment of the evidence act in 2011 was intended to provide for the use of such electronic evidence in court proceedings(2) before the amendment, the admissibility of electronic evidence in court proceedings had been controversial due to the absence of specific provisions in the previous. School of law i recommend that the directed research essay prepared under my supervision by chilufya born iface (29056764) entitled: the relevance and admissibility of expert evidence in criminal cases in zambia be accepted for examination in partial fulﬁllment of the requirements of.
Of the admissibility of electronic evidence in court as a mean of combating technological crimes for this purpose, the objective of the project was to answer the following fundamental questions: what is electronic evidence is electronic evidence regulated in europe what problems do the european social. This is not the place to engage in an essay detailing the history of the rules 27 eg scottish law commission: evidence: report on hearsay evidence in criminal proceedings (report no 149 (1994)) following extended to include electronic recordings of information (especially statements by witnesses. These various forms of electronic evidence are increasingly being used in both civil & criminal litigations during trials, judges are often asked to rule on the admissibility of electronic evidence and it substantially impacts the outcome of civil law suit or conviction/acquittal of the accused the court.