Digital Archaeology: The Art and Science of Digital Forensics

5. The Admissibility of Evidence

When an archaeologist makes a new discovery, the burden of proof falls on the researcher to show beyond a shadow of a doubt that the discovery is authentic and genuine. The same holds true of the gems the digital investigator uncovers during an investigation. It isn’t sufficient that we find the smoking gun. We have to find it in a manner that the courts find acceptable, or it will be dismissed. Another difference is that the investigator has to prove that the evidence is not only genuine, but relevant. Relevance is a function of admissibility. Whether or not evidence is admissible in court depends on a surprising number of factors. Throughout this book, the mantra has been document, document, and then document ...