Evidence in a DC Federal Child Pornography Case

Evidence in a DC federal child pornography case is very important to understand. In a possession of child pornography case, the prosecutor must prove that a person had knowledge, dominion, and control. They had the ability to exercise power over the image, which is the legal standard for possession of something. For more information, contact a skilled attorney.

Highly Contested Elements

Evidence of knowledge is often highly contested in a DC federal child pornography case because it depends on who had access to a device. Unless the person is caught actually downloading child pornography, the question of who had access to a particular device at the time the images were downloaded or accessed is vigorously contested.

Proof by Prosecution

The government puts a detective on the stand to discuss the investigation of the case. The detective is usually the main witness in a child pornography possession case because the forensic evidence in a DC child pornography case is of paramount importance. The detective is usually the one who did the forensic investigation on the government side of the case.

What Evidence is Considered Important by the Government?

The government tries to use the actual images as evidence. That can have a huge prejudicial effect on the jury when they see the terrible images of child sexual abuse. That and the forensic evidence are the most important pieces of evidence the government uses in a DC child pornography case.

It is important to understand that federal prosecutors are most aggressive in prosecuting child pornography cases. They often try to have people serve long prison sentences when they are convicted.

What is the Prosecution Process of Child Pornography Case?

People should know that they will be prosecuted aggressively. One of the difficulties in these cases is that jurors have a visceral reaction when they see the pictures of child abuse. The court and defense attorney must select jurors that are able to get over that visceral reaction and decide the case on its merits and not because someone is accused of possessing terrible images.

Preparation for Trial

A criminal lawyer prepares the individual to testify on their own behalf in any type of case. It is the individual’s decision and their decision alone as to whether to testify. The person must be prepared to testify to be able to make that decision accurately. The lawyer goes through an extensive preparation with each person to prepare them to testify on their own behalf. The lawyer goes through the questions they plan to ask the person at trial. They conduct mock cross-examination sessions so the person understands the questions that might be asked by the government at trial. That helps them make an informed decision about whether to testify.

Refuting Evidence

Challenging the evidence involves the forensic evidence and the evidence of access by a person or people to the electronic device alleged to have been used to access the images in a DC federal child pornography case.

When the lawyer evaluates the government’s evidence, the first thing they consider is whether the government can prove their case beyond a reasonable doubt; because that is the government’s burden. The lawyer also looks for evidence that might directly refute the government’s case. When the criminal defense lawyer has their chance to present evidence and defend the case, it is a two-prong process.