:format(webp))
The integrity of digital evidence is paramount in the administration of justice. During Axon Week 2024, Garett Berman, Executive Director of the Florida Prosecuting Attorneys Association, discussed the ethical considerations of digital evidence management. His discussion underscored the responsibilities of legal professionals in ensuring the proper handling, sharing, and preservation of digital evidence, particularly as technology evolves.
Current digital evidence management challenges
Evidence sharing
Prosecutors are responsible for ensuring that all legally required information is made available to the defense. With digital evidence increasingly stored in online repositories, many agencies share materials through secure links. While shift makes physically sharing evidence easier, it can also make it harder for prosecutors to prove receipt of evidence by the defense. In his presentation, Berman highlighted cases where defense attorneys claimed they never received a file, but access logs showed multiple views of the evidence in question. These scenarios emphasize the importance of robust digital audit trails to maintain transparency and accountability.
Evidence labeling and preservation
Mislabeled or improperly categorized digital evidence can lead to claims of withheld information. Berman cited cases where video evidence was mislabeled, leading to its deletion under agency retention policies. Such instances create significant legal challenges and ethical concerns. Law enforcement agencies must ensure proper categorization and labeling of digital files to prevent loss or wrongful deletion.
Digital evidence from third parties—such as private surveillance footage—raises additional complexities. In many jurisdictions, prosecutors are not obligated to obtain such materials on behalf of the defense. However, ethical considerations often lead to debates on the extent of prosecutorial responsibility in ensuring all relevant evidence is accessible.
Brady obligations
The landmark Brady v. Maryland decision established that prosecutors must disclose evidence favorable to the defense. However, determining what evidence qualifies as “favorable” is often complex. Berman explained that in practice, for evidence to be considered “favorable,” it must be likely to affect the outcome of a case. Courts have refined this standard over the years, emphasizing that the mere possibility that a piece of information could aid the defense is not sufficient. Instead, prosecutors must evaluate whether its absence would undermine confidence in the verdict.
Brady obligations apply pretrial, during trial, and posttrial. Any discovery of new evidence that meets these criteria must be disclosed, reinforcing the need for prosecutors to stay vigilant in monitoring their digital evidence repositories.
Solutions and best practices for prosecutors
To address these challenges and ensure that operations best protect both prosecutors and clients, Berman recommends agencies implement the following digital evidence management practices:
Automated Evidence Push Systems: Automated systems push newly uploaded digital evidence directly to prosecutors, reducing the risk of overlooked files.
Standardized Labeling Protocols: Clear and uniform digital evidence naming conventions prevent misclassification and accidental deletion of files.
Regular Check-ins with Law Enforcement: Periodic regional meetings with law enforcement agencies help align digital evidence policies, improving communication and compliance.
Detailed Audit Trails and Access Logs: Robust audit trails help quickly resolve disputes over evidence availability.
Protective Orders for Sensitive Evidence: In cases where premature public release of evidence could misrepresent facts or compromise proceedings, protective orders help ensure fair trials.
Looking ahead
As digital evidence becomes increasingly integral to cases, considerations around digital evidence management will continue to evolve. New technologies—from body-worn cameras to AI-assisted evidence analysis—will bring both opportunities and challenges for prosecutors. To stay ahead of the curve, prosecutors must implement strong policies and training while adopting new technology.
At Axon, we are committed to supporting prosecutors and law enforcement agencies with secure, transparent and efficient digital evidence solutions. By fostering collaboration and adherence to ethical standards, we can help ensure that technology serves justice fairly and effectively.
Learn more at axon.com/justice.