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.
Mobile Instant Messaging Evidence in Criminal Trials,
Cath. U. J. L. & Tech
Available at: https://scholarship.law.edu/jlt/vol26/iss1/3