The Digital Evidence Journey for Federal Criminal Cases

For federal cases, have you ever wondered what the other side experienced in your case or investigation, or why a disclosure was delivered in a specific way??

The full lifecycle of electronically stored information (ESI) in a federal case spans a vast community of public servants, all with different restrictions, guidelines and objectives, all with the core goal of illuminating the truth to promote justice.??

Here are three considerations (that we will look to explore further during our panel discussion), as the digital evidence moves across the justice system:?

1. Collection of (Trusted) Digital Evidence?

The ESI's data journey evolves over time, starting when the investigative branch (i.e. an agent) collects data from the suspect(s), through things like wiretaps, surveillance cameras, or other means of communication (like cell phones, email, WhatsApp, social media, and even YouTube), and delivers that "mountain of data" to the prosecution upon arrest.? That data needs to remain trusted, so they are produced as imaged PDFs and load files to ensure the integrity, with unintended consequences, most notably, they aren't easily reviewed anymore.

2. Sharing Ediscovery with the Relevant Parties?

There are many decisions made across the life of the case, with all the right intentions to promote justice by illuminating the truth, from the agent, prosecution (ex: enough to indict?), the judge and the defense counsel (ex: plea deal) and the more data driven those decisions are made, the fairer the outcome.? Those decisions have an affect on the ESI / Discovery, especially because sometimes those multiple types and sources of data need to be taken in context and together to tell the true story.

3. Data-Driven Legal Decisions?

The defendants are often the last to be considered when sharing the discovery, though they may have the most insight, and making it more accessible could provide benefits to both sides of the court.? Knowing what has been produced can bring about a more confident plea deal decision, for example.

Please join me and our esteemed panelists Tom O'Connor , Karen McColman , John Facciola and Naomi Adaniya, Ph.D. in person at our inaugural Everlaw Connect D.C. event on Thursday, May 18 to learn more. The event is free and closed-door for government professionals only; register for your spot here today.

https://www.everlaw.com/connect/washington-dc/