• Mail
ABOUT
Law and Forensics
  • eDiscovery
    • Document Review and Production
    • eDiscovery Consulting and Strategy
    • ESI Preservation and Collection
    • ESI Processing and Hosting
    • Expert Testimony and Reporting
  • Cybersecurity
    • Cybersecurity Audits & Assessments
    • Board-Level Cybersecurity Services
    • Cybersecurity Consulting
    • Industry-Specific Cybersecurity Solutions
    • Cybersecurity Expert Witness Services
    • Cybersecurity Incident Response Services 
  • Digital Forensics
    • Digital Forensics Consulting
    • Forensic Expert Witness
    • Forensic Investigations
    • Forensic Analysis
    • Computer Forensics Services
    • Cloud Computing Forensics
    • Internet of Things Forensics
    • Mobile Device Forensics
    • Server Forensics
    • Social Media Forensics
  • Digital Banking
    • Blockchain Services
    • CSO and CRO Advisory Service
    • Digital Banking Expert Witness Services
    • Digital Banking Regulatory Compliance Services
    • Digital Banking Strategy Consulting Services
    • Digital Banking Training Services
  • Privacy
    • Privacy Consulting
    • Privacy-Focused Regulatory Services
    • Privacy Incident Response Planning
    • Privacy Program Development
  • News & Insights
  • Search
  • Menu Menu
  • E-Discovery in Criminal Cases: A Need for Specific Rules

    INSIGHTS

Suffolk Law Review

E-Discovery in Criminal Cases: A Need for Specific Rules

February 24, 2010

By Daniel B. Garrie & Daniel K. Gelb

E-Discovery in Criminal Cases: A Need for Specific RulesCriminal defense lawyers are as obligated as their civil law brethren to be conversant with electronic discovery and its various attendant forms of electronically stored information in order to effectively represent their clients. Modern day communications, through email, the Internet, instant messaging, electronic faxing, and digital voicemail, expand the nature and location of “relevant evidence” as well as the obligations to obtain, preserve, produce and manage this evidence.

ESI evidence when handled properly, or if mishandled, can significantly impact the outcome of a client’s civil or criminal case. Importantly, eDiscovery assumes a critical role unique to criminal proceedings. Unlike hard copy documents and tangible evidence (e.g., gun, picture, clothing, etc.), ESI may contain exculpatory evidence that may not be readily apparent to the prosecution, who maintains custody and control over the ESI. Additionally, the prosecution may improperly possess ESI that should be the subject of a motion to suppress. Finally, the dynamic nature of ESI has the potential to develop into Brady4 material. The government’s obligations under Brady are not rooted in any particular constitutional right to discovery, but rather in the due process protections defendants are afforded in criminal proceedings.

A significant issue many criminal defendants may encounter is ascertaining and obtaining electronic evidence in the possession of the prosecution. The greatest challenge may well lie in successfully convincing the court that the prosecution’s approach to the pre-trial exchange of ESI will adversely impact the defendant’s constitutional and procedural rights in building a full and fair defense to the government’s charges. The expense and burden of e-discovery must be balanced against the potential of a criminal defendant losing one’s liberty.

To read the full article, go to Suffolk Law Review

Newsletter

Sign Up for Updates!

Jobs

Apply for a Job

Products

Audits & Assessments
Playbooks
Tabletop.ai
Legal Cyber Academy
ForensicTools.dev



Contact Us

Sales Inquiry
​Press Inquiry
​Speaking Inquiry

Capabilities

Digital Banking Services
Forensic Services
Cybersecurity Services
eDiscovery Services
Privacy Services

RESOURCES

About Us
Events
Search

Law & Forensics © 2023. All Rights Reserved
  • Privacy Policy
  • Legal Notices
Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more×

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only

Subscribe to Our Newsletter!

* indicates required

 





Please select all the ways you would like to hear from Law and Forensics:

You can unsubscribe at any time by clicking the link in the footer of our emails. For information about our privacy practices, please visit our website.

We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp’s privacy practices here.