We’ve all heard of criminals being caught lying after they’ve committed a crime (and thought that they managed to get away with it), thanks to a large backlog of cold cases that most police departments work through. However, what tends to go (comparatively) underreported is the way that modern technology has and is currently assisting law enforcement with not just bringing the guilty to justice, buit perhaps more crucially, ensuring that the innocent are able to walk free faster than possible in the past in order to continue their lives unhindered with the weight that comes from having a crimcial case hovering overhead. We are exploring how technology is assisting criminal defense lawyers and those in law enforcement in bringing to justice those who might not have been found guilty without it, and in clearing the names of those who were merely in the wrong place at the wrong time.
Digital Forensics Is Reshaping Criminal Defense Strategies
Forensics has been an integral part of the investigation process for years. As we noted in the introduction, cold cases are being addressed at an increasing pace due to the consistent updates in technology and its application in finding those who have previously evaded justice. However, when paired with an experienced criminal defense attorney, the technology available today can dramatically improve the odds of walking away from almost any case with your dignity and freedom intact. When it comes to digital foresight in particular, the proliferation of digital devices that are also mostly connected to the web has led to an explosion of digital evidence, ranging from the more straightforward, such as call logs, to the far more advanced evidence that might include GPS locations. When this sort of data is paired with and coordinated alongside other forms of digital evidence like public CCTV footage, it can help criminal defense lawyers to piece together a watertight case that can place your whereabouts elsewhere than where a crime may have been committed. Obviously, you will need an experienced lawyer to help you develop your case, as this alone might not prove innocence, but the fact is that all of these little breadcrumbs of digital data can add up to a larger image of where you were, which was hopefully far away from whatever happened. The most prominent downside (which is actually the case for all the points mentioned in this post), is that all of this digital evidence can also be used against you, meaning that even with all the best data and technology in the world, you will still need a highly competent and experienced attorney by your side, fighting in your corner.
Artificial Intelligence (AI) And Predictive Analytics
AI seems like an obvious addition to a post that’s discussing technology, but it might not be used in the way you first imagine. In many cases, anything produced by AI related to predictive analysis could cause a case to fall through due to the biases associated with this relatively young technology. While this might sound great if you are facing criminal litigation, most courts around the world will simply dismiss any points presented if they are produced using AI. So why are you mentioning it at all? Well, as with all things related to high technology, it’s not always the sexiest uses that create the most utility. Any case, whether it be civil or tort, involves vast amounts of data and paperwork that need to be carefully parsed, summarized, and ultimately interpreted for an attorney to develop a solid case. Machine learning algorithms can analyze vast datasets, such as past case law or judicial behavior, to inform strategy and decision-making. AI tools are ideally suited for this task and can assist lawyers by saving significant amounts of time, effort, and resources, enabling them to focus on utilizing the data they receive to build a winning case. As with everything we discuss here, these tools can never be used in isolation and will still need to be double-checked and cross-referenced to provide truly reliable and admissible data, but the fact is that AI has come a long way, and when used as it ought to be, can create far more favorable outcomes.
Facial Recognition Technology
Facial recognition may be a contentious topic for many privacy advocates (and for good reason), but there is no denying its usefulness in criminal law. Moreover, it’s not only facial recognition software that can turn the course of a case in your favor but other forms of recognition, like license plates, that can all come together to create proof that you were where you said you were at a specific moment in time. Again, nothing is a panacea, but when combined with more conventional techniques, lawyers can make great use of this consistently improving software.
Impact Of Virtual Courtroom Trials On Criminal Defense
Work from home has rapidly become the de facto way to work in modern times (at least in the West), and the courtroom is no different in this regard. Due to the pandemic that shall not be named, numerous courts around the world became backlogged with cases that they were unable to process due to the social distancing rules in place. As a result, many juristic institutions turned to virtual courtrooms to help process each case more speedily and efficiently. This has carried over into current times and has become an incredible way to ensure that those who have been convicted of a crime can face trial regardless of their location and hopefully be found not guilty far sooner than might have been possible in the past. Although most virtual courtrooms will handle the intermediary issues involved in a case, such as hearings or depositions, it’s not entirely uncommon for entire trials to be conducted online if the situation warrants it.
Social Media’s Influence On Criminal Defense
We currently live in a social media-obsessed society, and whether you like it or not, this is a fact. But, for defense attorneys, this can be a valuable opportunity to take the fight to the prosecution. This can include activities such as reviewing the social media accounts of jurors to identify any potential biases that might have been overlooked or using it to inform a case based on the whereabouts or other relevant information about their client. As long as it’s used in a way that does not negatively impact the case, social media can be another place to gather evidence and form a rock-solid case.
Technology is constantly progressing and will continue to do so…this is the nature of human progress. When it comes to the law, tech can be used in myriad ways by skilled lawyers to prove their clients are not guilty beyond a reasonable doubt, as long as it is combined with conventional investigative processes.