AALS Open Source Program

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Session Type: AALS Open Source Programs

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Technological change is making criminal defendants’ investigative powers ever more critical as private entities increasingly possess data that contains potentially exculpatory evidence. This panel will spotlight defense investigations, including investigators’ access to government databases, private databases, digital forensic technologies, and more. Panelists will discuss the law and theory of discovery, Jencks, and the Confrontation Clause in the context of defense investigations; possible statutory protections for pretrial hearings on disclosure and testing of digital facial recognition evidence; and issues related to defense expert work, especially pertaining to firearms evidence. Panelists will also emphasize challenging conflicts between defense investigations and privacy.