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Digital Evidence: What is Admissible or Dismissible?

The world is changing quickly. The digital universe has taken over in a big way in recent years. Digital concepts have even taken over courtrooms all around the planet. Digital evidence is becoming a hot topic in the legal realm. Some examples of digital evidence are computer files, video clips, audio files and even digital photographs. It can be helpful to be able to differentiate between digital evidence that’s admissible and dismissible.

What is Admissible Digital Evidence?

If you want your digital evidence to be called admissible in a courtroom environment, it has to be pertinent. It needs to be equipped with probative value. The evidence needs to not be negated by factors that introduce potential complexities, too. If digital evidence is bewildering, centered around gossip or rumors or biased in any way, then it may not be considered admissible. “Competent evidence” is another term for admissible evidence.

What is Inadmissible or Dismissible Digital Evidence?

It’s critical to understand digital evidence that’s admissible. Understanding digital evidence that’s the total opposite is equally crucial. That’s the reason inadmissible or dismissible digital evidence savvy can be helpful. If a file that came from an individual’s computer is thought to be questionable or undependable, then a court may decide that it should not be involved in any case proceedings whatsoever. Digital evidence that stems from gossip may be inadmissible. Feedback from a specialist that doesn’t come from credible research may not be classified as admissible. Digital evidence that has a major flaw also generally is thought to be dismissible. If digital evidence can potentially upset the members of the jury, it may be dismissible.

Digital Forensic Assessments and Digital Evidence

This is an important part of the process. A digital forensic analysis may be a strong example of digital evidence. Forensic investigations that are digital in nature are often composed of three distinctive components. These are exhibit acquisition, assessment and, last but not least, reporting. Various different things go into these evaluations. The establishment of forensic images, first and foremost, is vital. Forensic archive establishment is also essential. Probative digital data handling is key as well.

Digital Evidence and Illegal Techniques

Some people attempt to collect digital evidence via illegal means. If an individual rounds up a computer file in an unlawful manner, then it will most likely be considered inadmissible by the people who make up the court. Hackers who break into computer systems to get their hands on files often end up securing inadmissible digital evidence. People who break into residences and businesses unlawfully in order to access desktop computers and mobile devices often end up landing digital evidence that isn’t valid, too. Hard drives are often common sources of inadmissible digital evidence.

A strong grasp of digital evidence can help you understand the legal field with much more clarity. Digital evidence is becoming substantially more common in courtrooms.

Author Info: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter and Facebook: @RachelleWilber.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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