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The Evolution Of Criminal Defence: How Technology Is Changing The Game?

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Gretchen Taylor Pousson
I'm Gretchen Taylor Pousson, a criminal defense attorney with over 25 years of trial expertise. I've worked on both sides of the law, as a prosecutor and defense attorney, handling cases from DUIs to murder. My passion is defending individuals, especially juveniles, and helping them get a second chance. I'm a relentless fighter for justice, and my clients appreciate my compassionate and ethical approach. I've been recognized as a Super Lawyer and AVVO Top Attorney. I live in Herndon with my family and our lovable Black Labrador, Chase."

Technological advancements have completely changed the way lawyers engage in Legal practices. These innovations have brought both new challenges and possibilities to the legal field. While modern criminals may use technology to commit sophisticated crimes, law enforcement can also use the same to uncover criminal activities. Undoubtedly, a criminal case is the worst situation to get into.

If you find yourself in such a situation, then hiring the a criminal lawyer is the only option you are left with. 

Digital Evidence 

The rise of digital technology has introduced a new category of evidence known as digital evidence. This evidence is legal and plays a vital role in criminal defense. A defense attorney can access emails and other social media profiles to find evidence in the favour of their client. These footprints help the lawyer to prove the client’s innocence and contradict prosecution claims. 

Most professional criminal lawyers use digital forensic techniques to uncover the evidence or disprove accusations from digital devices. It is the science of recovering and analyzing data from digital computers, which often includes:

  • Tracking digital activity
  • Recovering deleted files 
  • Analyzing metadata 

The Impact of Social Media on Criminal Defense

Prosecutors can use posts, photos, and videos from social media to prove a defendant’s whereabouts, associations, or even intent to commit a crime. Defendants can also use social media evidence to support their alibi or show their character in a positive light. It’s important for both sides to properly authenticate social media evidence to ensure it’s admissible in court.

The importance of monitoring a defendant’s online presence

  • Defense attorneys should advise their clients to be cautious about what they post online during an ongoing case.
  • Posts that seem innocent could be taken out of context and used against the defendant.
  • In some cases, it may be wise for a defendant to suspend or delete their social media accounts to avoid potential issues.

How social media evidence can play a role in criminal trials?

  • Imagine a case where a defendant is accused of assault. If the prosecutor finds a post from the defendant bragging about getting into a fight on the same night as the alleged assault, that could be used to support their case.
  • On the flip side, if the defense finds a post from a key witness indicating they were drunk or unable to clearly remember the events of that night, that could cast doubt on their testimony.
  • Social media evidence can also be used to establish relationships between people involved in a case, like showing that two individuals knew each other or had a history of conflict.

Advances in DNA Analysis and Its Role in Criminal Cases

Next-Generation Sequencing

Next-Generation Sequencing (NGS) is a powerful tool that allows for more detailed and accurate analysis of DNA samples. Unlike older methods, NGS can sequence millions of DNA fragments simultaneously, providing a more comprehensive genetic profile. This technique is especially useful in cases where DNA samples are degraded, contaminated, or mixed with multiple individuals’ DNA.

How these techniques have improved the accuracy of DNA evidence?

  • With NGS, analysts can identify genetic variations that were previously undetectable, leading to more precise DNA matching
  • This increased accuracy reduces the risk of false positives or false negatives in DNA testing
  • More accurate DNA evidence means a stronger case for either the prosecution or defense, depending on what the evidence shows

Real-world examples of how advanced DNA analysis has been used in criminal cases

  • In the famous Golden State Killer case, investigators used a technique called genetic genealogy to identify the suspect. They uploaded a DNA sample from an old crime scene to a public genealogy database and found a partial match to one of the suspect’s relatives. This led them to focus their investigation on the suspect, who was eventually arrested and convicted based on a direct DNA match.
  • The Innocence Project has used advanced DNA testing to exonerate over 375 wrongfully convicted individuals. In many of these cases, the original DNA testing was either inconclusive or not performed at all. By retesting old evidence with modern techniques, the Innocence Project has been able to prove the innocence of people who spent years or even decades in prison for crimes they didn’t commit.
  • In a 2019 Wisconsin case, a man was charged with murder based on a DNA match to evidence found on the victim’s clothing. However, the defense argued that the DNA could have been transferred through casual contact, as the defendant and victim lived in the same house. Using advanced DNA analysis, the defense was able to show that the amount of DNA present was more consistent with casual transfer than with violent contact, casting doubt on the prosecution’s case.

Integration With Artificial Intelligence 

Undoubtedly, Artificial intelligence is among the most innovative advancements in technology. In recent times, AI has revolutionized almost every sector, and the judiciary system is no exception. AI has revolutionized criminal defense by enhancing multiple aspects of legal practice.  The best criminal lawyer in Bangalore is already using artificial intelligence for predictive analysis. 

In this, the AI analyzes past case data and predicts future outcomes, making it easier for the criminal lawyer to prepare a case strategy. Additionally, AI-powered tools can easily find relevant information by interpreting a vast number of legal documents in no time. 

Advancements In Forensic Technologies 

Technological advancements have made a significant impact on forensic research by introducing more reliable methods for analyzing evidence. The introduction of Next-generation Sequencing is the biggest example of it. This is an advanced technique of DNA analysis with high accuracy, which helps the attorneys in linking suspects to crimes. 

Additionally, technologies like biometrics and face recognition play a vital role in establishing the connection between the suspect and crime scenes. Apart from that, high-resolution digital imaging and advanced ballistics, which are part of technology play a crucial role in cases involving violent crimes. 

What Is The Future Of Criminal Defence?

In recent times, the legal system has been highly influenced by technological advancements. The best part is that the adoption of technology in the legal field does not seem stoppable. 

This means we can expect multiple innovations and integrations in the coming years. The legal field may adopt the blockchain technology for securing the evidence that may transform how defense attorneys handle cases. 

Conclusion

In countries like the US, you will find police officers equipped with body-worn cameras that record the behavior of both officers and offenders. Advocates can replay the video clip of the crime scene to get the evidence. Such technological advancements not only help attorneys to gather relevant evidence but also strengthen the legal system.  

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