•  
  •  
 

Catholic University Journal of Law and Technology

Catholic University Journal of Law and Technology

Abstract

Mobile instant messaging, such as text messages, are a pervasive aspect of everyday life. The characteristics of the modern mobile instant messaging application, especially in comparison with other forms of more traditional electronic communication platforms, such as e-mail, text messaging, or computer-based instant messaging program, present a variety of evidentiary issues in trial.

To be relevant, mobile instant messaging evidence must be connected to a genuine issue at trial and not too attenuated from it. Authentication is also very important in determining whether it may be considered a non-hearsay statement. Although often otherwise admissible, mobile instant messaging evidence may still be inadmissible if its probative value is substantially outweighed by the risk of unfair prejudice or other concerns of fairness. This comment examines the evidentiary issues surrounding the admissibility of the mobile instant messaging evidence in criminal trials, with particular emphases on the issues of authentication and the best evidence doctrine.

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.