A comparative study on digital evidence between Malaysia, United States and United Kingdom / Mohd. Hakim Hamran, Hisyamuddin Ghazali and Syazwan Fakhirruddin

The admissibility of the digital evidence into the court is one of the most hotly debated topics nowadays. The digital evidence, which is an evidence tendered by a computer may raise a several issue. One of the main issues is in respect to its validity and originality of the evidence submitted itself. In this era of the technology, such computer generated evidence such as photograph may be easily altered. Henceforth, the purpose of this research paper is to study the comparison and to looks for any difference between the approach taken by the bench in Malaysia, United States, and United Kingdom. This research paper will also cover on the acceptance of the court towards the opinion of an expert, who is the person who has a credibility to become an expert, and how does the judges weight the evidence in term of it probative value and prejudicial effect. Our group have given a more focus on the issue of the digital evidence itself by discussing it in the main topic as the credibility of the digital evidence is one of the most issue which may be raised the court. Henceforth, our group had decided to make a comparative study of the approach taken by the bench in respect to the digital evidence in Malaysia's, United States' and United Kingdom's court and to further study how does the judges will address this issue.