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Recommendations for the probity of computer evidence

Marshall, P., Christie, J., Ladkin, B., Littlewood, B. ORCID: 0000-0002-6397-8685, Mason, S., Newby, M., Rogers, J., Thimbleby, H. and Thomas, M. (2020). Recommendations for the probity of computer evidence. Digital Evidence and Electronic Signature Law Review, 18, doi: 10.14296/deeslr.v18i0.5240


There exists widespread misunderstanding about the nature of computers and how and why they are liable to fail. The present approach to the disclosure or discovery and evaluation of evidence produced by computers in legal proceedings is unsatisfactory. The central problem is the evidential presumption that computers are reliable. This presumption is not warranted. To this end, recommendations are proposed to rectify this problem with the aim of increasing the probability of a fair trial.

Publication Type: Article
Publisher Keywords: electronic evidence; computer systems; disclosure; discovery; recommendations for judges; fairness of legal proceedings
Subjects: K Law > K Law (General)
Q Science > QA Mathematics > QA75 Electronic computers. Computer science
Departments: School of Mathematics, Computer Science & Engineering > Computer Science
Date Deposited: 17 Dec 2020 12:51
Text - Published Version
Available under License Creative Commons: Attribution International Public License 4.0.

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