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The Champion

January-February 2018 , Page 20 

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#Trending: Traditional Crimes Meet Nontraditional Evidence

By Ian N. Friedman and Eric C. Nemecek

Traditional sources of digital evidence, including information gathered from social media platforms, are widely used today. Both prosecutors and defense lawyers routinely collect messages, photographs, blogs and videos from applications such as Facebook, Twitter, and Snapchat in an effort to support their theories and/or defenses. With the advances in technology moving at light speed, the most prepared defenses today seek evidence from sources well beyond the basic, known social media platforms. In crafting the defense to a traditional crime, the best practice is to place oneself, either literally or figuratively, at the crime scene and envision where evidence could have been captured. In the modern digital world, sources of stored evidence likely did not exist even a year earlier. This new frontier allows for immense creativity, opportunity to educate courts and jurors, and favorable case precedent.

The materials obtained by counsel during the preparation of their

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