Admissibility of Audio-Visual Images: The Nuances of Sections 83 and 84 of the Evidence Act, 2011

Quality and credible evidence, but not quantity is the linchpin of the adversarial legal jurisprudence operational in Nigeria. A break in the nexus of connectivity renders a piece of evidence inadmissible. This paper examines the legal compass on the admissibility of audio-visual images in the course of litigation. It answers fundamental questions as whether video images are categorized as downloaded documents, computer printouts or e-documents; whether downloaded documents from the internet are technically co-terminus with electronically aided documents; andwhat section of the Evidence Act regulates the admissibility of video films. The tools of investigation to analyse the selected indices are meta-analytical style, doctrinal comparisons, interviews both overt and covert, as well as the utilization of primary and secondary sources of law. This paper observes that Section 83 and not 84 of the Evidence Act regulates the admissibility of video images. Video clips produced and stored in tapes, cassettes, memory cards or compact discs are not computer generated documents but are merely commonplace electronicallyaided documents without more. It concludes that video magnetic images aremere documentary evidencewhich do not require special mode of production as computer generated documents. It therefore recommends that sections 83 and 84 of the Evidence Act relate to two distinct set of documents and this difference must be identified in the interpretation and application of these sections. Keywords: Audio-visual, images, documents, evidence, admissibility, computer

Authenticity and Admissibility of Social Media Website Printouts

Social media posts and photographs are increasingly denied admission as evidence in criminal trials. Courts often cite issues with authentication when refusing to admit social media evidence. Cases and academic writings separate recent case law into two approaches: The Maryland Approach and the Texas Approach. The first method is often seen as overly skeptical of social media evidence, setting the bar too high for admissibility. The second approach is viewed as more lenient, declaring that any reasonable evidence should be admitted in order for a jury to weigh its sufficiency. This Brief addresses the supposed differences between the two sets of cases and suggests that courts are not actually employing two distinct approaches. The Maryland Approach courts are not holding social media content to a higher standard than the Texas Approach courts, but are merely responding to a lack of evidence connecting the proffered content to the purported author

Implementation Effectiveness Of Police Role In Eradication Of Online Gaming Crime In Digital Era

This study aims to analyze juridically regarding the effectiveness of eradicating the crime of online gambling in the jurisdiction of the Grobogan police station. The method in this research is sociological juridical. Based on the analysis carried out, law enforcement cannot be carried out because there are no reports from the public accompanied by evidence. This has resulted in an ineffective eradication of online gambling crimes in jurisdictions including the Grobogan Police. Cyber crime is defined as an illegal activity with computer intermediaries carried out through a global electronic network. Online gambling is categorized as a cyber crime because in committing the crime, online gambling uses computers and the internet as a medium to commit the crime of gambling. Gambling is basically against religious norms, decency, and Pancasila morals, and can be dangerous for the survival of the community, nation and state. Gambling is a violation of social culture in Indonesia. Proof of online gambling can be done using proof of transfer and e-mail. Act No. 11 of 2008 Article 5 paragraph (1) which states that Electronic Information and/or Electronic Documents and/or their printouts are legal evidence

Electronic Information as Evidence of Criminal Offense Under the Perspective of Law on Electronic Information and Transactions

The enactment of Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) creates a new emerging field of study of law in cyberspace. The presence of such latest breakthrough brings a change in the impact of law in terms of criminalization of dangerous acts in cyberspace. Evidence is one of the variables in the evidentiary system, and thus the development in the scope of civil law with the known and used electronic evidence in society, especially in the field of commerce and banking, may affect the evidentiary system. Internet impact on society is now making cultural changes around the globe and thus peope are currently no longer limited by the country’s territorial boundaries (borderless). The presence of internet with all the facilities and programs that go with it, such as e-mail, video chat, video conferencing, and websites has made global communication feasible as it is borderless. In the legal dispute taking place before the judge, each party competing legal claims are raised, debated and resolved. Judges may refer to expert statements to consider and assure the validity of the electronic evidence. Once the expert has declared that the evidence is valid, the judge can recognize that the evidence can be legally accounted for