Digital Evidence from Theory to Practice (JAG)(SC)

Section 10, Spring 23

Schedule Information

Enrollment: 2/5
Credits: 1
Days* Time Room Start Date End Date
  • T
  • 1010-1200
  • JAG
03/21/2023 05/16/2023
*“R” means Thursday

Course Description

Digital evidence can impact nearly every type of court-martial. With rapid changes in technology, courts and statutes often cannot stay “current,” making litigating digital evidence issues difficult. This course explores the legal theories behind using digital evidence for both trial and defense counsel. The first half of the course will focus on applying traditional Fourth Amendment doctrines in the digital world, with a specific concentration on probable cause, reasonable expectation of privacy, plain view, and consent. It will apply these doctrines to all types of digital evidence on any device where data can be stored. The second half of the course will challenge students to put into practice and apply the doctrinal theories learned through student led presentations and exercises. The course is targeted for both trial and defense counsel.

Course Requirements

Exam Info:
Final Type (if any): None
Description: None

Written Work Product
Written Work Product: Grading is based on class participation (performance during class exercises) and the student’s choice of a presentation or 5-7 page thought paper.

Other Work

Other Course Details
Prerequisites: None Concurrencies: None
Mutually Exclusive With: None
Laptops Allowed: No
First Day Attendance Required: Yes
Course Resources: To be announced.
Course Notes: The instructors for this course are MAJ BESKE AND MAJ MORMAN. This course meets at the JAG School during its 4th Quarter, March 20 – May 19. ATTENDANCE: Enrolled students who do not attend the first class session will be processed in accordance with the Academic Policies. NOTE: due to weather, holidays, military requirements, etc., individual class sessions at the JAG School are subject to rescheduling on occasion. The JAG School attempts to reschedule make-ups at the same day/time slot, but there may be times when a meeting session date/time will not occur in the same day/time slot. All absences must be approved by the instructor. ENROLLMENT: Students seeking to enroll in this course must complete and timely submit a request form to SRO. SRO will begin collecting enrollment applications at an announced time in the fall term, and the JAG School has final approval for any enrollment requests. The JAG School intends to finalize the roster of approved UVA Law students in this course by Jan. 31.

Graduation Requirements

*Satisfies Writing Requirement: No
**Credits For Prof. Skills Requirement: No
Satisfies Professional Ethics: No

*If “Yes,” then students are required to submit a substantial research paper in this course, which means students do not need to submit any form to SRO for this paper to meet their upper-level writing requirement. If “No,” then students must submit a “special request” e-form to SRO (available via LawWeb) no later than five weeks after the start of the term for a paper in this class to be counted toward the upper-level writing requirement.

**Yes indicates course credits count towards UVA Law’s Prof. Skills graduation requirement, not necessarily a skills requirements for any particular state bar.

Schedule No.
Law No.
Modified Type
ABA Seminar
Cross Listed: No
Cross-Listed Course Mnemonic:
Public Syllabus Link: None
Evaluation Portal Via LawWeb Opens: Wednesday, May 17, 12:01 AM
Evaluation Portal Via LawWeb Closes: Sunday, May 21, 11:59 PM