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Articles Posted in Evidence

As society and technology evolve, the courts need to evolve with it. A pressing issue that courts have had to deal with is the use of digital data in criminal cases against defendants, particularly emails.

Not only can the contents of an email be evidence against a defendant, but the metadata behind the email and the account, such as date and time of creation and IP address, are being used more frequently in courts. The Court in Commonwealth v. Michael Middleton considered whether expert testimony is required to explain email subscriber information in a criminal case.

What is the standard for admitting electronic communications?

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