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

E-Discovery in Criminal Cases: A Need for Specific Rules
by Daniel B. Garrie & Daniel Gelb

This article explores how issues concerning electronic evidence and discovery (e-discovery) and its associated electronically stored information (ESI) are not relegated to civil litigation, and that the subject matter has an equal impact on criminal litigation.  The following suggests a rapidly growing need for courts to uniformly recognize the increasing necessity for an accused to access ESI in order to effectively build a defense in modern-day criminal prosecutions where the context in which the ESI was forensically ascertained may be as important to a defendant as the content of the information recovered. [REQUEST A COPY]

Mr. Garrie is lawyer, discovery referee, forensic neutral, and technologist. Mr. Garrie is recognized as one of the eminent thought leaders in electronic discovery. Mr. Garrie is a managing partner at Law & Forensics, a national legal risk management consulting firm, and serves as an e-discovery arbitrator and special master all over the United States. He has also held technology positions in both the private and public sector. He can be reached at daniel@lawandforensics.com.