Today, the principal witness against the accused is often a computer database. While the right of confrontation was intended to address human witnesses, defendants are facing evidence drawn from computer-generated sources. And when identifications are constructed from computer profiles, the right of the accused to access a database in order to challenge the reliability of a match or unearth the existence of alternate suspects is critical.
There have been some groundbreaking developments that point out the importance of meaningful pretrial electronic discovery.
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