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

Section 7, Spring 21

Schedule Information

Enrollment: 2/5
Credits: 1

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:
Midterm Type (if any): None
Description: None

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


Written Work Product
Written Work Product: Grading is based, in part, on student’s choice of a presentation or 5-7 page thought paper.

Other Work
Grading is based on performance during class exercises and regular class participation.

Other Course Details
Prerequisites: None Concurrencies: None
Mutually Exclusive With: None
Laptops Allowed: No
First Day Attendance Required: Yes
Course Notes: The instructors for this course are MAJ Beske and MAJ Nicholson. This course meets at the JAG School during their 4th Quarter, March 15 - May 14, 2021. ATTENDANCE: Enrolled students who do not attend the first class session will be processed in accordance with the Academic Policies. Students seeking to enroll in this course must complete and timely submit a request form to the Student Records Office. NOTE: due to weather, holidays, military scheduling, etc., classes at the JAG School may require rescheduling. 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: SRO will collect enrollment requests starting at an announced time in the fall term. Enrollment is subject to approval by the JAG School.

Graduation Requirements

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

*Yes means professor requires everyone in the course to submit a substantial research paper (which is the requirement standard in Academic Policies), so no paperwork required to be submitted to SRO. No means student must timely submit paperwork to SRO if intending to use a paper in this course to satisfy the 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.

General Information

Schedule No.
Law No.
Modified Type
Cross Listed: No
Cross-Listed Course Mnemonic:
Public Syllabus Link: None
Evaluation Portal Via LawWeb Opens:
Evaluation Portal Via LawWeb Closes: