Sometimes, when challenges to admissibility occur during legal proceedings, digital evidence may be inappropriately passed to the jury for it to adjudicate because of a failure of the judge to understand the nature of the evidence and the argument on which the challenge is based. This was epitomized in the case of indecent possession of child pornography in the jury trial of Mowday versus the State of Western Australia (2007). The case illustrated the failure of the trial judge to reject digital evidence where serious doubts on the antecedents about its safekeeping were raised by the defense lawyer at the commencement of the trial. Consequently, during the appeal proceedings, the digital evidence in the Mowday case was rejected as being invalid and specific convictions were reversed. You can read about the case here:
In a 2008 child pornography case in Australia, child pornography videos and picture files were...