In today’s criminal justice landscape, digital evidence plays a central role in most cases—but it is rarely revisited after a conviction.
At the Digital Innocence Initiative, we identified a critical gap. While DNA evidence has long-established post-conviction review protocols, no standards existed for digital evidence—despite its increasing influence in courtrooms and its role in numerous exonerations.
That’s why we developed the first post-conviction review criteria for digital evidence—a national framework tailored for public defenders and post-conviction teams to identify, re-analyze, and re-investigate digital evidence that could be key to proving innocence.
Why Post-Conviction Review of Digital Evidence Matters
Public defenders face overwhelming caseloads and limited resources. Many lack access to digital forensic experts or the training needed to interpret cell site data, metadata, or mobile device extractions. Meanwhile, the technology used to extract and analyze digital evidence is evolving rapidly.
Consequently, digital evidence is often misunderstood, misused, or ignored—leading to wrongful convictions hidden in closed case files.
Our post-conviction review criteria address these challenges:
✔️ Structured Guidance – Step-by-step approach to identify cases needing digital reanalysis
✔️ Modern Forensic Standards – Aligned with current digital forensic technology
✔️ Cross-Referencing Known Issues – Detecting common mistakes with cell site data, software updates, and extraction limitations
✔️ Prioritization of Risk Factors – Focusing on flawed forensics, missing alibi data, or over-reliance on technology
✔️ Built-In Referral Pathways – Connecting public defenders to technical expertise and investigative support
Built by Experts, Informed by Real Cases
The criteria are rooted in real-world experience. Drawing on dozens of wrongful conviction cases and collaboration with public defenders, digital forensic analysts, and investigators, we identified where breakdowns most frequently occur—and how to address them.
Common failures include:
• Misuse of cell site location data to “place” someone at a crime scene with false certainty
• Phone records that were never analyzed or presented in court
These are not hypothetical—they explain why innocent people remain behind bars today.
Real Impact, Real Hope
Public defenders across the country are already using our criteria and resources found in the Digital Evidence Toolbox. We believe digital evidence post-conviction review should be the standard, not the exception.
No one should lose freedom due to misunderstood technology. And no case should remain closed when tools exist to uncover the truth.
Get Started
If you’re a public defender, access our post-conviction review criteria, learn how to apply them to your caseload, and join the movement to modernize justice.
Partner with us as a Digital Evidence Review Unit (DERU) to get started!
Join DigitalEvidenceToolbox.com today to access free resources designed for Public Defenders and Criminal Defense Lawyers. Together, we’re building a collaborative community where defenders and forensic experts share knowledge, tools, and strategies to strengthen the fight for justice.”
