Auxiliary Questions for Evaluating Electronic Evidence

In a society where ICT and computer networks are ubiquitous, triers of fact are frequently confronted with real evidence in electronic and digital format. Computer data can be crucial in proving both online and offline events with links to suspected criminal acts, but it is often difficult for the trier of fact to determine the exact meaning and evidentiary value of such material. In this paper, a set of auxiliary questions are proposed to aid triers of fact in evaluating electronic evidence rationally. The proposed auxiliary questions relate to the origins, processing, and content of computer data proffered as evidence, as well as relations between such data, other evidence, and background knowledge.