Social media posts, videos, and website content continue to be a main source of evidence found in the courtroom. This blog post offers comprehensive insights into effectively presenting online evidence, from admission to final presentation, supported by the right technology.

Getting the Evidence Admitted

Before considering the presentation of web-based evidence, it's crucial to understand the legal framework that governs its admissibility. While evidence laws may differ by jurisdiction, the Federal Rules of Evidence (FRE) 901 and 902 serve as the cornerstone for determining admissibility for web-based evidence and should be looked to as a framework for assessing whether evidence can be presented for a judge or jury’s consideration.

FRE 901 and 902 guide the admission of evidence by establishing the rules for methods of authentication. In other words, before the evidence can be considered by the court, there must be a demonstration that the evidence is genuine, not been tampered with, and collected in a way that is forensically sound. Due to these requirements, simple screenshots or screen recordings using free or low-cost tools are often insufficient as they open the window to tampering, misrepresentation, and lack necessary metadata. 

When looking to use a social media post, website, or online video in court, consider the following:

1. Metadata: include the underlying data such as timestamps, URLs, IP addresses, and more to further prove authenticity

2. Chain of custody: Eliminate the possibility of evidence being tampered with during the collection process and maintain the digital chain of custody

3. Extrinsic Evidence of Authenticity or Certification of a Qualified Person: Look to an expert witness or leverage a self-authenticating software to certify the collection of the evidence

4. Accurate Portrayal: Ensure the evidence appears exactly as it originally appeared online. Avoid blurry screenshots or altered image placements.

How to Present Evidence Once Admitted

Once the evidence is admitted, the presentation becomes the focus. Remember, the goal is to make complex information accessible and persuasive to the judge and jury.

Organizing the Evidence

Effective organization of digital evidence creates a coherent and persuasive presentation. The organization should reflect and reinforce the narrative of the case, making it easier for the audience to follow the argument and understand the evidence’s relevance. Depending on the case, consider the best way to organize the evidence to tell your story effectively:

• Chronological Organization: Arranging evidence in a timeline can help demonstrate the sequence of events, making it easier for the audience to follow the development of the case. This is particularly effective for cases where the timing of events or actions is crucial to the legal argument.
  
  
  Source: Pels Law

• Thematic Organization: Grouping evidence based on themes or categories can be effective in cases where multiple pieces of evidence support a single argument or point. This approach helps reinforce the argument by showing consistent patterns of behavior or evidence.
• Relevance-Based Organization: Prioritizing evidence based on its importance or relevance to the key issues at hand can ensure that the most compelling pieces of evidence are highlighted. Starting with the most impactful evidence can capture the audience's attention and set the tone for the argument.

Highlight the Essentials

• Utilize visual aids such as slides, diagrams, or charts to visually highlight important evidence. This could include enlarging specific social media posts, video stills, or website screenshots that are central to the case.
• Annotations or mark-ups can draw attention to the crucial elements within a piece of evidence. For instance, circling a date on a screenshot or highlighting a specific portion of text in a social media post can guide the audience's focus to the relevant details.

• Software tools that allow for the isolation and enhancement of specific audio or video segments can be especially useful for online videos. Showing a crucial few seconds of a video in slow motion, a specific trademark placement on a website, or isolating a segment of an audio recording can make the evidence more digestible.

Contextualize the Evidence

Make sure your audience not only sees each piece of evidence in a way that is digestible, but also understands its significance within the larger narrative of the case. For example, explain how a particular social media post undermines the credibility of a witness or contradicts an alibi. Be sure to correlate the evidence with other facts or evidence in the case to bolster its significance. For example, show how timestamps of social media posts align with surveillance footage or eyewitness testimonies to establish a timeline of events. 

Supporting Technology to Use When Presenting Web Evidence

In the modern courtroom, presenting web evidence effectively requires more than just screenshots or printouts. To ensure that such evidence is compelling, organized, and, most importantly, admissible in legal proceedings, a variety of supporting technologies have emerged. Below are just some of the many key technologies that are revolutionizing the presentation of web evidence in legal settings:

• Page Vault: Page Vault collects web-based evidence in a way that is legally admissible and creates an exhibit-ready PDF or video.
• Lit Software: Provides a suite of presentation tools that facilitate evidence annotation, organization, transcription and more.
• Augmented Reality and Virtual Reality (VR): When done carefully, using VR technology can create immersive presentations to simplify complex scenarios and visualize evidence.
• Presentation Tools: This article by Nicole Black shares presentation tools and cost.

Final Considerations

While the tools and techniques for presenting online evidence are important, several overarching considerations should guide your approach:

• Ethical Obligations: Always adhere to ethical standards in collecting, preserving, and presenting online evidence. This includes respecting privacy laws and avoiding misrepresentation.
• Preparation for Cross-Examination: Be prepared to defend the authenticity and relevance of your online evidence under scrutiny. This includes understanding the technical details and being able to explain the capture and preservation process.
• Adaptability: Be ready to adapt your presentation based on the audience's response and technological hiccups. Having backups and alternative plans is essential.

Presenting online evidence effectively requires a mix of technical knowledge, planning, and legal acumen. By focusing on authentication, effective presentation, leveraging supporting technology, and adhering to ethical guidelines, digital evidence can be used to positively impact the result of the case.