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#282295 - 08/30/06 07:36 PM e-mail and PM's as court evidence
Ed_Morris Offline
Professional Poster

Registered: 11/04/05
Posts: 6772
let's find all the facts, cases and news reports of this subject...

CAN electronic correspondance be used as evidence in a court of law?

what I'm finding is: Yes. it absolutely most certainly can. but it can also be thrown out as evidence too. for every case you find of it being dismissed as evidence, there is a case allowing it.

http://www.cryoserver.com/servlet/dycon/zentext/cryoserver/cryoserver/en/Graphic/evidence_index

http://www.out-law.com/page-5537

http://www.techdirt.com/articles/20030204/1431244.shtml

http://www.forensicon.com/articles/liability-of-email-as-evidence.asp

a recent high-profile case where e-mail just added to suspicion, but didn't prove anything:
http://www.suntimes.com/output/news/dakarr29.html

http://www.washingtonpost.com/wp-srv/local/frompost/nov98/email01.htm

http://arkfeld.blogs.com/ede/email/

what are your thoughts on this? The forensic science of validating the origin of email is interesting...

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#282296 - 08/30/06 08:36 PM Re: e-mail and PM's as court evidence [Re: Ed_Morris]
JoelM Offline
Professional Poster

Registered: 07/26/04
Posts: 6355
Loc: Georgia, USA
I don't know enough about the forensics of emails, but if it can be proven "without a shadow of a doubt" then I say use them. I'm sure a lot of people send all sorts of nasty messages without thinking they can be kept or used in the future.
_________________________
We should all take ourselves seriously...and then crumple that image up and toss it out the window.

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#282297 - 08/30/06 10:20 PM Re: e-mail and PM's as court evidence [Re: JoelM]
harlan Offline
Professional Poster

Registered: 07/31/04
Posts: 6665
Loc: Amherst, MA
When in doubt...do without. I should think that it isn't much different from the any case that uses phone records. And in the current atmosphere (read 'erosion of rights under semi-fascist administration')...I can see anything and everything becoming okay to use for prosecution.

'Never write anything down'...as my lawyer tells me.

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#282298 - 08/30/06 11:23 PM Re: e-mail and PM's as court evidence [Re: harlan]
Ed_Morris Offline
Professional Poster

Registered: 11/04/05
Posts: 6772
...hmmm, my lawyer says: don't lie or break the law.

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#282299 - 08/30/06 11:49 PM Re: e-mail and PM's as court evidence [Re: Ed_Morris]
rideonlythelabel Offline
Veteran

Registered: 09/22/04
Posts: 1242
Loc: st-hubert quebec canada
Quote:

...hmmm, my lawyer says: don't lie or break the law.




He doesn't mean it. He'd be out of a job if you followed his advice.
_________________________
patriotism is the willingness to kill and be killed for trivial reasons.

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#282300 - 08/31/06 12:01 AM Re: e-mail and PM's as court evidence [Re: rideonlythelabel]
Ed_Morris Offline
Professional Poster

Registered: 11/04/05
Posts: 6772
ah, that explains it...he's my friend and gives me free advice. lol

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#282301 - 08/31/06 12:09 AM Re: e-mail and PM's as court evidence [Re: Ed_Morris]
rideonlythelabel Offline
Veteran

Registered: 09/22/04
Posts: 1242
Loc: st-hubert quebec canada
I thought you had a lawyer was because you live in the U.S. and thus could get sued for casting shadow on somebody's shoe.
_________________________
patriotism is the willingness to kill and be killed for trivial reasons.

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#282302 - 08/31/06 12:56 AM Re: e-mail and PM's as court evidence [Re: rideonlythelabel]
Ed_Morris Offline
Professional Poster

Registered: 11/04/05
Posts: 6772
...only if they can prove it was my shadow. DNA testing hasn't reached that level of sophistication....yet.

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#282303 - 09/03/06 09:10 AM Re: e-mail and PM's as court evidence [Re: Ed_Morris]
migo Offline
Enthusiast

Registered: 09/03/06
Posts: 573
Loc: Burnaby, BC, Canada
Quote:

...only if they can prove it was my shadow. DNA testing hasn't reached that level of sophistication....yet.




Sadly, I don't think this is all that much of a joke.

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