Validating digital evidence for legal argument

Abstract

Digital evidence is now common in legal cases, but the understanding of the legal fraternity as to how far conventional ideas of evidence can be extended into the digital domain lags behind. Evidence determines the truth of an issue but its weight is subject to examination and verification through existing forms of legal argument. There is a need for a practical ‘roadmap’ that can guide the legal practitioner in identifying digital evidence relevant to support a case and in assessing its weight. A vital, but sometimes under estimated stage is that of validating the evidence before evaluating its weight. In this paper we describe a process by which the validation of relevant evidence required for legal argument can be facilitated, by an interrogative approach that ensures the chain of reasoning is sustained.