Criminal
Feb. 6, 2016
Navigating e-discovery in criminal cases
Lest anyone think the brave new world of e-discovery with its considerable complications for the unwary and unprepared is solely relegated to the realm of civil procedure, a recent case gives pause for serious consideration by the criminal courts bar.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
According to the 2015 edition of "The Matthew Bender Practice Guide: California E-Discovery and Evidence," Sec. 1.40[1], text messages are an important evidentiary source due to the "more spontaneous and less cautious" use of this method of communication. The recent case of United States v. Vaughn, 14-23 (D.N.J. Nov. 10, 2015), underscored the importance of this statement.
Lest anyone think the brave new world of e-discovery with its considerable complications for the unwary...
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