Advancements in digital technology have introduced a vast array of electronic evidence that can make or break a case. Important information can come from a range of sources today—anywhere from smartphones and social media to surveillance footage and GPS routes—meaning criminal defense lawyers have to sift through an unprecedented volume of data. TrialKit’s AI-powered tools are here to make collecting and reviewing evidence easier, helping legal professionals enhance their case strategy.
What are the types of digital evidence available today?
Digital evidence is abundant in today’s connected world, and it encompasses more than many people expect. The information that can become digital evidence in a criminal case includes:
- Financial records: The digital era has simplified the process of obtaining financial data. Law enforcement can now access more detailed transaction histories, including cryptocurrency logs and sophisticated financial analytics.
- Audio and video files: Video surveillance has become more common—especially in cities—with an average ratio of 11 cameras per 1,000 people. Combined with more stringent requirements for officers to use body-worn cameras during civilian contact, this can mean an overwhelming amount of audiovisual evidence.
- Electronic communication: Law enforcement can collect text and voice messages, listen to jail calls, search through social media interactions, and other forms of digital correspondence to bolster their case.
- Electronic device data: This includes database files and geolocation information gleaned from computers, smartphones, smart watches, tablets, and more. In many instances, deleted files can also be recovered, leaving even technologically savvy clients more vulnerable.
How do criminal defense attorneys use modern technology to build their cases?
Discovery
Gone are the days of binders of documents and CDs with limited photographs and recorded interviews. Electronic data discovery (e-discovery) is now the industry standard and it is coming into defense attorneys’ inboxes in terabytes.. This may include emails, text messages, surveillance footage, and financial records. While District Attorneys and law enforcement agencies have the luxury of confirmation bias to narrow their review of all this data, defense attorneys have fewer resources and more at stake in protecting clients’ lives and freedom.
Organization and analysis
With the vast amount of digital data available, many lawyers need specialized software to organize and analyze evidence. This software includes tools for creating timelines, mapping communications, and conducting financial analyses. Some programs help identify patterns and key information that support the defense’s strategy. Additionally, these tools allow attorneys to continuously review and reanalyze data as new information emerges, enabling them to adapt quickly if the case changes unexpectedly. Modern technology can also be used to scrutinize the prosecution’s evidence list, so attorneys can request additional items that are pertinent to the case.
Developing strategies
Attorneys can use the same digital evidence law enforcement relies on to justify prosecution to create stronger foundations for their defense strategies. Video evidence can prove inconsistencies in witness testimony, while location data can prove that the client was elsewhere when an incident occurred. Attorneys can use these elements to craft an alternative view of what occurred—one that not only properly defends their client but also effectively counters the prosecution’s claims.
Addressing ethical and legal concerns
Technology is changing many aspects of the legal field, but attorneys still must comply with ethical and legal procedures, like the handling of digital evidence. This will only get more complex as the regulatory environment catches up to tech development. Case management software helps preserve data integrity and privacy, and AI tools that filter and prioritize the most relevant data simplify the process by creating a smaller pool of information to retain.
What challenges do defense attorneys face when reviewing digital evidence?
Volume of data
Most people nowadays have an extensive digital footprint, and defense attorneys often struggle with the sheer amount of potential evidence they have to review. There’s often an overwhelming number of digital records to sort through.
Time constraints
Given the tight deadlines and bevy of information to review, attorneys have little time to thoroughly examine all the relevant pieces of digital evidence that are collected. Unfortunately, this can add extra pressure on staff members who may accidentally overlook critical details.
Technical complexity
There are plenty of instances in which attorneys may need to analyze complex digital evidence, including forensic images or encrypted data. This creates a knowledge gap that can lead to misinterpreted information or an incomplete view of the case.
Cost
To solve knowledge gaps, many defense attorneys hire digital forensics experts or invest in specialized software to analyze more complicated pieces of digital evidence. Unfortunately, the cost of hiring experts or purchasing forensic software puts smaller law firms or underprivileged clients at a significant disadvantage in building a strong defense.
How does TrialKit benefit defense attorneys struggling with digital evidence?
It’s no secret that digital evidence has provided greater opportunity for attorneys to defend clients and ensure their rights are upheld. At the same time, it’s also no secret that technological advances have made managing caseloads much more complicated. That’s where TrialKit comes in.
Our e-discovery software platform streamlines the process of reviewing and analyzing large volumes of data, making it more manageable and efficient.
Additionally, TrialKit’s natural language search and 4-D visual link analysis can help you uncover critical insights that might have otherwise gone overlooked. For example, our AI platform can review hours of bodycam footage in seconds, so you have what you need that much sooner. In turn, TrialKit’s collaborative features enable multiple team members to work on the same case simultaneously, making it easier to meet tight deadlines. Instead of you or your team spending hours and days on tedious and often fruitless review, you can focus your energy on litigation. The best part? Our all-in-one platform saves you money compared to purchasing multiple one-off software services and retaining costly experts across technological fields.
TrialKit helps defense attorneys paint a more complete picture of events, challenge prosecutorial narratives, and potentially uncover exculpatory information using methods that might not have been available just a few years ago. Request a demo to see what our AI-powered discovery tools can do for your case.
