In the legal world, after-discovered evidence is evidence that wasn’t available during the original trial proceedings or an initial investigation. This type of evidence can affect the outcome of a case and therefore must be taken into account. In today’s world, new digital evidence is making it easier to uncover this type of evidence and legal teams are often tasked with the challenge of considering it to determine its relevancy. In this digital age, understanding after-discovered evidence is essential for legal teams, who must react quickly and accurately to this type of evidence to ensure success in a case.
What Is After-Discovered Evidence
After-discovered evidence refers to facts or evidence that was not previously known or available. The availability of this kind of evidence is critical to assessments of the legal merits of a case, as well as the outcome. Evidence that was not available during the original trial proceedings or during the initial investigation can drastically alter a case. After-discovered evidence can often be found following additional investigations, requests for additional documents, new sources of information, and forensic examinations of electronic media. New evidence can help change the outcome of a pending case – especially if it contradicts prior evidence.
Examples and Use Cases
In the past, the ability to uncover after-discovered evidence was extremely limited. Cases could easily be decided on limited evidence that had already been gathered. Today, with the influx of digital media, new forms of evidence can be accessed more easily, be it through photographs, videos, online records, or emails. With advancements in forensic technology, legal teams can now easily uncover digital evidence that may have been previously concealed. This can range from using a forensic image of a suspect’s phone to access hidden messages, to using a tool to analyze logs from a web-based application. While these tools can be immensely helpful, legal teams must still evaluate evidence to ensure its relevance and make decisions accordingly.
Uncovering After-Discovered Evidence
In order to uncover after-discovered evidence in cases, legal teams must react quickly and accurately to evaluate it. They must also consider the ethical implications of using evidence that was not available in the initial stages of a case. With digital evidence on the rise, legal teams must ensure that they have access to the necessary tools and resources to evaluate, interpret, and leverage digital evidence. After-discovered evidence is an important part of the legal process and uncovering it can often be the difference between a successful or failed case.