The Use of Technology in Criminal Investigations and Trials

Technology is developing rapidly in nearly every area of our lives, and the criminal justice system is no exception. For instance, in the 1980s, the use of DNA in criminal proceedings was in its infancy. The first criminal conviction based in part on DNA evidence in the U.S. didn’t take place until 1987.

Three decades later, law enforcement identified the elusive Golden State Killer by uploading DNA from crime scenes to a public database and turning up familial connections. Joseph James DeAngelo, Jr. had committed at least 13 murders and 51 rapes between 1974 and 1986 and gone undetected for more than 30 years.

This is just one example of the rapid acceleration of the use of technology in criminal investigations and court proceedings. The DeAngelo case was one of many in which improved technology led to a conviction. But, forensic technology can also be used to exonerate. Over the past few decades, hundreds of wrongfully convicted people have been freed by DNA evidence. In the hands of the right Jacksonville criminal defense lawyer, the same types of technology used by law enforcement and prosecutors can be a powerful tool to prove innocence.

Leading Technologies in the Criminal Justice System

Some of the key technologies employed in criminal investigations and criminal courts are just updated versions of long-time tools. For example, fingerprint evidence has been used in the United States for more than 120 years, and for much longer around the world. Yet, comparing fingerprints was once a painstaking manual process, and limited by the availability of fingerprints on file in a particular area. The nationwide fingerprint database known as the Integrated Automated Fingerprint Identification System (IAFIS) wasn’t created until 1999. This system reportedly processes more than 100,000 searches for fingerprint matches each day.

Other technology may seem like it’s dropped out of a futuristic movie. For several years, Jacksonville has employed ShotSpotter technology. ShotSpotter is a sound detection system that can alert law enforcement to gunfire. This near-instant alert helps police get to the scene of a shooting faster, potentially improving both evidence collection and aid to gunshot victims. Throwable robots can be used to gather audio and video evidence, even maneuvering around obstacles in their travels. And, people’s own smart technology has been used to gather evidence in criminal cases.

And still, others have become so routine that they no longer seem like high-tech tactics. For example, few people would be surprised today to learn that police would be interested in their internet activities if they were accused of certain types of crimes.

Evidence may be collected from:

• Your computer or cell phone
• Your internet usage or application activity on your computer or phone
• Your search engine history and other internet activity on your computer or phone
• Location data on your phone, smartwatch, or other device
• Drones and robotic cameras and/or recording devices
• SunPass / E-Z Pass history
• Street cameras, security cameras from homes and businesses, and even video doorbells like Ring
• Your credit card history or banking history
• Gum chewed or cups utilized within an interrogation room

Facial recognition can be used to determine whether a suspect was at or near a crime scene, dramatically decreasing the labor required to review footage of crowded events or expanded time frames.

It would be impossible to discuss all of the existing and emerging technologies that play a role or will soon play a role in criminal investigations and prosecutions here. Capabilities change quickly, so it’s important for a Jacksonville criminal defense lawyer to stay on top of the new developments, how the technology can be used defensively, and what weaknesses and flaws in the technology may open the door to challenging the introduction of evidence or weakening evidence presented.

What Does Forensic Technology Mean for Your Jacksonville Criminal Case?

What type of technology may be useful in your case (or may be used against you in your case) depends on the charges against you, the types of evidence available, and other variables. Some of the ways a criminal defense lawyer can put technology to work for someone facing Jacksonville criminal charges include:

• Challenging the reliability or calibration of a breath test device in a DUI case
• Using body cam footage to disprove or create reasonable doubt about charges of resisting arrest, assault on a law enforcement officer, or other related crimes
• Using fingerprint technology to identify other people who may have been present at a crime scene and may there be alternative suspects
• Using DNA evidence to rule out the defendant, and possibly point to another suspect
• Using smartphone data, street camera footage, and other digital trails to establish an alibi

An attorney well-versed in the relevant technology can take the initiative to demand all available body cam footage, request calibration records and other information relevant to the reliability of a breath test device, bring in experts to review DNA and fingerprint evidence, and explore possibilities law enforcement may not be interested in pursuing, and otherwise make the most of what tech has to offer.

Your criminal attorney will also need an understanding of these and other technologies to protect your rights and counter-evidence presented against you. For example, your attorney may:

• Fight to keep technological evidence out of court if it was improperly obtained or is unreliable
• Challenge the integrity of the process the state used in comparing DNA evidence to samples
• Challenge the reliability of an expert’s opinion regarding DNA or other incriminating evidence

Talk to a Criminal Defense Attorney in Jacksonville, Florida

If you’ve been accused of a crime in Florida, it’s important to be aware of the many avenues police and prosecutors have to collect and make use of evidence. Of course, you can’t be expected to stay up-to-date on how emerging technologies are used in court and what standards criminal courts apply to the introduction of that evidence. That’s where your Jacksonville criminal defense attorney comes in.

While not every case will involve technology, it is becoming increasingly common. Your lawyer can explain what types of evidence may play a role in your case, and your options for fighting the introduction of that evidence or weakening its impact.

To learn more, schedule a free consultation with attorney Matthew Lufrano. He has more than a decade of experience in criminal defense, is a Board Certified Expert in Criminal Trial Law, and served as the Former President of the Jacksonville chapter of the Florida Association of Criminal Defense Lawyers.

Just call 904-513-3905 to get started.