Wednesday, December 4, 2019

Current Event Review #10


Inès Saad Munchenbach
Forensics (C Odd)
December 4, 2019


Hudgins, Victoria. “Still Scarce, Digital Forensics Crawls Into Public Defenders' Offices.” Legaltech News,
Law.Com, 4 Dec. 2019,
www.law.com/legaltechnews/2019/12/04/still-scarce-digital-forensics-crawls-into-public-defenders-offices/?slreturn=20191104175441


As the use of technology and social media becomes increasingly rampant, Big Law corporations and private
attorneys have taken social media and online data repositories as one of their largest evidence banks. Oftentimes,
the access they have to digital forensics software can completely crush and outcompete local public defenders,
who are usually underfunded. Technology and social media has exploded over the course of the last few decades:
school shooters post warnings online, terrorists document their crimes on livestream services, and criminals
frequently use text messages and location trackers, leaving evidence behind. The availability of digital forensics
resources is indispensable, and can lead to major discoveries and verdicts. However, public attorneys are notoriously
underfunded — even if they were given access to digital forensics software, it would be nearly impossible for them
to be able to utilize it on their own, and there is usually not enough money for public defenders to be able to hire
external experts.


This article is extremely pertinent to our current criminal justice system, which is already inherently biased against
racial minorities and the lower class. The fact that Big Law and, essentially, white, upper-class criminal clientele has
such greater access to a "gold mine" for forensic evidence, is an injustice in itself. Those who utilize public defenders
usually do it because they cannot afford a private lawyer: depriving those who need public aid the most of evidence
that could further their case is beyond bias: it is class discrimination. Additionally, considering that most of those
who need public defense are people of color, it is shameful that they would be so overtly discriminated against in
the criminal justice system. The system has been flawed for a long time, and sadly, it seems as though it is just
getting worse.

Frankly, there was little to criticize in Hudgins' article. It provided quotes from experts and sources of facts states.
Although the article was fairly strong in its explanation of the issue, it did offer a somewhat linear analysis of the
problem in the grand scheme of society. The consequence of this issue is much greater than we anticipate it to be,
but Hudgins chose to report on a limited scope.

No comments: