Digital evidence and its admissibility in the courtroom

The importance of digital forensics to the court cannot be underestimated. Digital forensics practitioners play a significant role in helping the courts establish credible evidence for a case, practising their duty to present evidence in neutral way. This chapter will explore this component of digital lawyering. It will assist students in developing an awareness of the sorts of evidence that can be retrieved from digital artefacts and devices and to be able to ask the right questions to determine its admissibility, relevance and authenticity. This knowledge helps digital lawyers to understand the contents of a forensics report; determine their examination and cross-examination strategies towards the expert witness, their own client and other witnesses; and be able to explain the evidence to the judge and jury.