Court Says Prosecutors Can't Just Assume A MySpace Profile Is Legit
from the why-didn't-they-ask? dept
I have to admit that I'm a bit confused by the dissent on this case, as described by Venkat:
Two dissenting judges accuse the majority of having a case of the "technological heebie-jeebies," and note that the key question is whether a "reasonable juror" could conclude that the evidence in question was authentic. In other cases where the authenticity of a piece of evidence is disputed, the typical practice is to let the jury make the call, unless the court concludes that "no reasonable juror" could find the evidence authentic. The dissenting judges fault the majority for not following the same practice in this case.I don't see how it's a case of technological heebie-jeebies at all. If anything, it's the reverse. It's recognizing that (1) such evidence is easy to fake and (2) there are some very easy steps to authenticate the evidence. In a case such as a murder case, isn't it a reasonable standard to make sure that such evidence is, in fact, authentic?