Evidence in a Courtroom
For a video to remain as part of the evidence against a person, it must have relevance, must prove or demonstrate something, not violate hearsay rules, and have authentic qualities that an expert could prove in the courtroom. With these guidelines in place, a video is usually a form of evidence the lawyer could use against a person for criminal proceedings. But as with all evidence offered, it is the judge who makes the final determination of what is admissible.
YouTube Uploaded Videos
There are certain guidelines that uploaders of YouTube must follow. However, even if the video is no longer available on the website, there are others that may provide confirmation that the video did exist so that a lawyer could contact the administrator of the site to provide a copy of the file. Through access or the file itself, the prosecutor may have additional evidence that helps prove the defendant did commit the crime. The defendant may even incriminate himself or herself by explaining what happened, why and when. With these details, the prosecution may have an easier time proving guilt.
Admissible Evidence
YouTube uploads generally include many forms of evidence available that the other legal team could use against the individual. In criminal trials, the prosecutor will attempt to gain the file if it is not available or acquire it to demonstrate the concern with the courtroom. The lawyer will often hire an expert witness to analyze the video to record authenticity and relevance to the case. It is possible to show the judge or jury that the person is the defendant, that he or she did commit the crime and that there was no doctoring of the video by any party which could refute the proof supplied.
Relevance of the Video
The YouTube uploaded video must have some bearing on the case for admissibility and relevance to the subject matter of the case. For property destruction, robbery, theft and assault on a person, the video may prove the actions of the defendant as proof. However, if the video has no relevance such as certain actions taken or behavior that does not connect to the charges of the case, the judge may declare the evidence as inadmissible. It must connect to the defendant in some manner, and it must connect the actions or behavior of the defendant to the crime in which he or she received charges.
Authenticity of the Video
When attempting to prove that the video is admissible, and evidence of a relevant crime committed by the defendant, the prosecution will generally hire an expert. The professional will need to demonstrate and prove to the courtroom that the video is authentic. He or she will test the file and ensure that there is no corruption, that the scene and person in the video are both truly in the location and that there was no tampering with the details. Proving authenticity is important for the video to remain as evidence, and the expert witness hired will explain how it is authentic to the judge or jury panel.
Valuable Evidence
The prosecution must demonstrate that the video upload is valuable and should remain as a piece of evidence. It is important to establish that the upload is more valuable as evidence than it could cause emotional harm or distress to the jury. If the file exposes a gruesome murder, the value of the video increases significantly when the prosecution is able to show the jury panel that the person committing the murder is the defendant.
Criminal Defense for YouTube Evidence
When defending against criminal charges in the courtroom, the defendant will need a criminal defense lawyer to protect his or her rights. This may also require additional services to refute the evidence or to explain that is not connected to the crime or is inadmissible for lack of value or relevance to the case which would invalidate the prosecution’s argument to keep the video file.
Provided by HG.org
