It’s Criminal

Please note: this article was prepared long before the Charlie Kirk shooting.

With crime very much in the news these days, the Tearsheet thought we might take a look at how crime and technology have begun to overlap in areas such as digital forensics and surveillance.

According to the National Institute of Justice, digital forensics has become crucial in solving crimes. From cyber offenses to traditional crimes with digital elements, such as fraud or harassment, the ability to extract data from computers, smartphones and online accounts allows investigators to trace criminal activities with greater precision.

Surveillance technology, such as security cameras, drones and facial recognition software, has expanded significantly the capabilities of law enforcement agencies. These tools provide real-time monitoring and have become critical in gathering evidence. The bad news is that their use raises significant privacy and civil liberties concerns.

On the one hand, prosecutors now rely on digital evidence to build stronger cases against defendants while defense attorneys must develop strategies to challenge the authenticity and admissibility of such evidence. How that evidence is gathered plays a major role in many trials – criminal and civil.

With the proliferation of editing technology – not to mention AI – the ability to manipulate digital assets far exceeds clear and present danger. As all the proceeds at lightning speed, the Federal Rules of Evidence in the United States struggles mightily to keep pace.

Although it varies greatly depending on the jurisdiction, one major benefit to all parties is the willingness of many courts to allow proceedings to be held online with attorneys – prosecutors as well as defense attorneys – judges, defendants and all litigants to participate remotely via Zoom-like technology. Even the Supreme Court of the United States has livestreamed its oral arguments since 2010. Conversely, proceedings involving access to sensitive records like those in divorce, child custody, or some criminal cases is typically restricted.

The days of Perry Mason have been relegated to late-night TV and YouTube.

“Baseball is almost the only orderly thing in a very unorderly world. If you get three strikes, even the best lawyer in the world can't get you off.” — Bill Veeck, American Major League Baseball franchise owner and promoter