“[T]he machine does not isolate man from the great problems of nature but plunges him more deeply into them.” Nowhere is this more apparent than in the struggle between rules of law and scientific and technological advances. Our court system’s response to this challenge is scrutiny and adaptability, two traits evidenced by the ebb and flow of requirements for authentication of digital images.
This Article examines the evolution of authentication requirements for digital images, with particular emphasis on the impact of State v. Swinton. Part II of this Article provides an overview of digital images as well as the general rationale for their authentication. Part III reviews past statutory and common law rules for establishing the authenticity of such evidence. Part IV summarizes Swinton, a 2004 case from Connecticut which represents a major development in this area of law. Part V applies the holding from Swinton to a new type of digital evidence, virtual autopsies, in a theoretical context. The Article concludes in Part VI.