Understanding verification and documentation
DATA THAT WILL
HOLD UP IN COURT
Legally admissible evidence
Requirements for court
Human rights documentation has a powerful
If you want your data to lead to criminal
impact on legal proceedings. The International
prosecutions, you need to make sure to record
Criminal Court, as well as several hybrid tribunals,
all relevant metadata. A court should be able
actively seek civil society’s support. But courts are
to clearly identify the location of a video, either
slow to adopt new technologies, and judges, who
through location coordinates embedded in the
tend to be older, are often not familiar with how
video or landmarks that can be identified in the
digital data can be folded into normal evidentiary
video content. Moreover, the subject of the video
rules. It will vary from jurisdiction to jurisdiction
should be clear – blurry or shaky video that casts
whether a YouTube video will be accepted as
doubt on who is in the film or what act they are
legal evidence.
committing will likely not be accepted.
For example, in 2015, Sweden’s justice system
Also consider chain of custody. To be accepted
prosecuted a former fighter from Syria for torture
for a criminal prosecution, most courts need to
based on a video posted to Facebook. Many
know every individual who handled the content,
Syrians are crowdsourcing such online content
starting from the original creator and ending with
to prosecute abroad former Syrian officials,
the prosecutor in the courtroom. Chain of custody
militaries, and fighters that have fled the country.
must show exactly who possessed the content,
when, and for how long in order to help safeguard
against manipulation of evidence. The closer you
get to the original video, the easier it will be to
present in court because the chain of custody will
be shorter and easier to demonstrate.
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