Sunday, February 25, 2018

Hamilton: User-Generated Evidence

Rebecca J. Hamilton (American Univ. - Law) has posted User-Generated Evidence. Here's the abstract:
Around the world, people are using their smartphones to document atrocities. Smartphone apps designed to allow Users to record material that will meet evidentiary standards are now freely available. User-Generated Evidence is the first Article to address this important development in international criminal law. It identifies three categories of concern: (i) User security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones, and/or shifting existing problems from traditional actors, who have institutional backing, to individual Users without such protections.