Open AccessThe harm that judges do – misunderstanding computer evidence: Mr Castleton’s story
Author(s) -
Paul Marshall
Publication year - 2020
Publication title -
digital evidence and electronic signature law review
Language(s) - English
Resource type - Journals
eISSN - 2054-8508
pISSN - 1756-4611
DOI - 10.14296/deeslr.v17i0.5172
Subject(s) - presumption , reliability (semiconductor) , harm , computer science , perception , index (typography) , reliability engineering , law , psychology , social psychology , political science , world wide web , engineering , power (physics) , physics , quantum mechanics , neuroscience
The reliability of computer systems, and the reliability of documents produced by computers, is important. There is a widely held perception that computers are fundamentally reliable. Further, it is commonly assumed that most computer errors are readily detectable or otherwise the result of user ‘input’ error. Since 1997 the courts have applied the presumption of the proper functioning of machines to computers. This article considered the case of Lee Castleton to illustrate that this presumption can have a devastating effect when applied.
Index words: software, electronic evidence, computer evidence, presumption of reliability