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Digital Evidence: A Growing Front in Criminal Justice
There was once a point where a significant number of people believed computers and the Internet were just passing fads. We now know that this belief was completely inaccurate, and nowhere is this more clear than in the criminal justice system. One need only look at how digital evidence is used in Michigan child pornography cases to understand this reality.
It’s impossible to overstate the role that digital evidence plays in these cases. In fact, it often serves as the primary means of prosecution. Both police and prosecutors utilize various forms of digital data to prove possession, distribution, and creation of illegal material. When these cases are effectively argued in court, the legal consequences can be devastating.
Proof of Possession
Perhaps the most common way digital evidence is used in Michigan child pornography cases is by proving the accused possessed illegal materials. Computers, cell phones, internet service provider data, peer-to-peer network history, and a variety of other sources can be analyzed to show that the accused was accessing and downloading illicit content.
The files recovered from hardware devices and software are thoroughly examined. Investigators are often able to find timestamps, metadata, and other information showing that an alleged offender had possession of or accessed pornographic materials featuring children. Of course, such data isn’t always clear-cut. That’s why prosecutors usually try to establish more evidence.
Proof of Intent
Digital evidence showing possession of illegal materials can go a long way in proving guilt. However, there have been cases where people unknowingly had possession of such content. This can happen due to malicious software, planted evidence, or merely clicking the wrong link in an email or while surfing the internet.
That is why possession isn’t always enough, and prosecutors must prove intent. This is another instance where digital evidence proves critical to the government’s case. Evidence such as search history or browser behavior can establish a clear pattern of behavior. Visits to illegal websites or search terms related to child pornography can prove intent and possession.
Establishing Distribution
Possessing child pornography has significant legal consequences – as do all sex crimes against children. However, the distribution of such content is often seen as a far more heinous crime. This is particularly true if the state believes someone produced the content prior to distributing it. This is another critical area where digital evidence is used in Michigan child pornography cases.
Prosecutors often use this evidence to claim that the defendant shared or transferred illegal files. By analyzing peer-to-peer networks, email exchanges, cloud storage uploads, and messaging apps, the government hopes to show that the accused actively engaged in the distribution of illicit content. This will result in more severe charges and penalties than merely possessing child pornography in Michigan.
Testimony and Timeline Corroboration
When someone is arrested for child pornography involvement, they often worry that prison is an unavoidable future. However, the government isn’t always as confident. This is why they’ll move beyond digital content – which jurors may find difficult to understand – and seek out evidence such as witness testimony and timelines of an alleged offense. Surprisingly, digital evidence in Michigan child pornography cases can still have an effect on non-digital evidence.
Timelines of downloaded files, login records, and internet activity logs can be matched to claims made by witnesses during interviews or testimonies. This can help confirm or refute the accuracy of testimony that the jury hears by ensuring consistency between the defendant’s actions and what was found on their devices. Such corroboration can prove devastating to the defendant, so they’ll need their own evidence to combat the government’s claims.
Linking Devices to the Defendant
In many Michigan child pornography cases, defendants will argue that they were not the ones who accessed illegal content. This is sometimes a solid strategy – as many digital devices now have multiple users. However, prosecutors can utilize data such as user accounts, login credentials, or personalized device settings to link specific devices and usage to the defendant.
Once a device or account is directly linked to the defendant, it becomes more difficult for them to claim that someone else downloaded or distributed material. However, don’t make the mistake of thinking that having charges dropped, reduced, or dismissed is impossible in these situations. Even seemingly airtight cases can fall apart once a defense attorney takes a shot at them.
Supporting Sentencing Decisions
When someone asks how digital evidence is used in Michigan child pornography cases, their curiosity is typically focused on the investigation and trial. However, a verdict doesn’t necessarily mean that the prosecutor is done utilizing this evidence. In fact, they’ll often bring up the claims established during the case to push for a specific sentence.
Prosecutors will want the most severe penalties when they secure a conviction. In many instances, this effort is somewhat linked to the defendant’s refusal to accept a plea deal. By again showing the nature and volume of the digital content used as evidence, the prosecutor hopes to reiterate the scope of the crime and secure harsh penalties.
Should the Accused Hire an Attorney?
Allegations of producing, disseminating, or possessing child pornography are incredibly serious. Therefore, it would stand to reason that the alleged offender should seek out legal guidance. Unfortunately, many defendants choose to not do this. The decision is often related to the belief that they’ve been caught “red-handed” and that a conviction is unavoidable.
Due to this belief, people will often accept a plea deal from the prosecutor – frequently doing so without first consulting with a criminal defense attorney. However, it’s worth noting that there’s no such thing as an “open and shut” case. Constitutional violations, evidentiary problems, and many other issues can result in charges being reduced, dropped, or dismissed by the jury.
At Manley & Manley, our dedicated legal team can review your case and fight to secure a favorable outcome on your behalf. Contact us at 810-374-0240 for a confidential consultation.
