Ken Strutin

October 05, 2005 | The Legal Intelligencer

Due process in the Information Age means leveling a dynamic playing field. As courtrooms are being wired for computer access, jurors and litigants are opening the courthouse doors just enough to allow the Internet inside. These online excursions are challenging current notions of fair trial and equal justice.

By Ken Strutin

6 minute read

March 17, 2010 | Law.com

The perils of online communication by judges and lawyers have emerged in several scenarios that highlight what happens when social networking sites and ethical boundaries meet, observes Ken Strutin, director of legal information services at the New York State Defenders Association.

By Ken Strutin

9 minute read

July 29, 2011 | Legaltech News

Digital technology is opening the door to the instant creation of exhibits and evidence, offering a means for preserving physical proof from the ravages of time. Attorney Ken Strutin takes a look at the virtualization of evidence and the future of litigation and post-conviction practice emerging from an affordable piece of desktop equipment: the 3-D printer.

By Ken Strutin

9 minute read

September 28, 2011 | Legaltech News

Because the retraction of the author of a journal article submitted as evidence is tantamount to a witness's recantation, information quality assurance should concern litigants. Attorney Ken Strutin argues scientific literature might benefit from the equivalent of a Shepard's Signal Marker, which indicates the standing of a case or statute as treated by other cases.

By Ken Strutin

13 minute read

November 10, 2009 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: Social networking sites offer an abundance of exculpatory and impeaching evidence that may not be obtainable without some undercover detective work. Unfortunately, discovery rules and ethical guidelines have not kept pace with the digital sprawl of MySpace and Facebook. In the absence of explicit direction from the Rules of Professional Conduct and the laws governing online behavior, flying a false flag in these uncharted waters may be hazardous. Before an attorney or investigator considers using subterfuge - such as concealing his true identity and purpose to contact a witness through an online profile - he ought to be mindful that legal and ethical precedents on this subject are slow in coming.

By Ken Strutin

12 minute read

November 14, 2006 | New York Law Journal

Ken Strutin, director of legal information at the New York State Defenders Association, writes that from the microcosm of the personal Web browser to the macro-universe of an Internet archive, cached files have become prominent in litigation. Cybercrime, or intellectual property violations, focuses on the trail of evidence created in Web browsing and publishing. And temporary files are challenging the criminal justice community's understanding of contraband and possessory offenses.

By Ken Strutin

10 minute read

July 20, 2010 | New York Law Journal

In his technology column, Ken Strutin, director of legal information services at the New York State Defenders Association, discusses the potential pitfalls from evidence drawn from computer profiling and database analysis.

By Ken Strutin

13 minute read

May 27, 2010 | Legaltech News

When the principal proof of guilt is a forensic test, such as DNA or fingerprint matching, a credibility inflation or a "CSI" effect might unduly influence the jury. Attorney Ken Strutin considers the limitations of current "gold standard" forensics as stand-alone evidence of guilt.

By Ken Strutin

11 minute read

March 13, 2007 | New York Law Journal

Ken Strutin, director of Legal Information Services at the New York State Defenders Association, writes that federal courts have found no right to privacy in Internet subscriber information, and Congress has only addressed the situation in a limited way. It is in the states that the first steps are being taken toward a constitutional framework for protecting online identity, and New Jersey is at the forefront.

By Ken Strutin

9 minute read

September 29, 2010 | Law.com

Embarrassing Facebook photos and regrettable MySpace statements are starting to become commonplace in pre-sentencing reports and disposition hearings. But attorney Ken Strutin also sees potential in these sites to generate mitigating evidence for the defense to present at sentencing.

By Ken Strutin

10 minute read