☰ In this section

The Champion

April 2016 , Page 51 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Practice Points: Giving Voice to Digital Evidence In the Jury Room

By Lisa J. Steele

Read more Practice Points columns.

The purpose of a demonstrative exhibit is to help the jury determine the facts of the case and reach its verdict. A party introduces physical objects so the jury can see, hear, touch, inspect, and examine them in the privacy of the deliberation room. When a digital exhibit is offered, and the jury is given only the storage medium and not a means to examine it for themselves, the exhibit has failed to serve its purpose.1 If a defendant’s exhibit is muzzled, it can impair the defendant’s constitutional rights to due process, to a fair trial, and to present a defense.

In recent years, Connecticut decided three appeals involving demonstrative defense exhibits that did not go into the jury room.2 In two of the cases, the prosecution offered a recording of the defendant’s interaction with police but the recording was, in essence, a defense exhibit. In the third case, the defense introduced a computer spreadsheet. In each of these three cases, the jury had to return to t

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us