The Digital Innocence Initiative

Advancing the National Digital Evidence Readiness Framework for Public Defense

A practitioner-developed framework to prevent and overturn wrongful convictions involving digital evidence.

The Digital Innocence Initiative (DII) advances digital-evidence readiness for public defense through the National Digital Evidence Readiness Framework for Public Defense.

Developed through criminal-defense casework and direct work with public defenders, the Framework gives attorneys and investigators a practical way to identify digital-evidence issues early, act before evidence is lost, and know when qualified technical assistance is needed.

Fundamentals before forensics.

Explore the Framework and Read the Paper

Digital Evidence Can Prove Innocence—If the Defense Finds It

Modern life creates extensive digital footprints most people are unaware of.

For someone who was not involved in an alleged crime, digital evidence capable of proving innocence is virtually guaranteed to exist.

The challenge is identifying and obtaining it before time-sensitive evidence is lost.

Digital-evidence readiness gives the defense a practical way to start early.

Proven Through Practice.

The approach was developed and refined through criminal-defense casework, public defender training, active-case application, and post-conviction review.

In active cases, the approach prevented wrongful outcomes. In post-conviction cases, it identified evidence, incomplete records, and technical issues that contributed to overturning wrongful convictions.

Just as important, attorneys and investigators began applying the same fundamentals independently.

That demonstrated that the approach was transferable.

Those proven practices became the National Digital Evidence Readiness Framework for Public Defense.

Learn About the Digital Innocence Initiative

A Practical Framework for Public Defense

The Framework grew out of a simple lesson from casework:

Many consequential digital-evidence problems are investigative before they are forensic.

The defense first has to understand what evidence may matter, what law enforcement collected, what may be missing, and what requires action before the opportunity is lost.

The Framework turns those fundamentals into a practical process defense professionals can use from early investigation through post-conviction review.

It does not replace forensic expertise.

It makes better use of it.

Choose Where to Begin

Working on a Case?

Use the Digital Evidence Toolbox as the practical starting point for digital-evidence issues in individual cases.

Access the Digital Evidence Toolbox

Building Office Readiness?

Use DERU—the Digital Evidence Review Unit to implement the Framework consistently across a public defender office using existing personnel and resources.

Explore DERU

Reviewing a Past Conviction?

Use DII’s post-conviction resources to determine whether an older case deserves renewed digital-evidence review.

Explore Post-Conviction Review

What Post-Conviction Review Revealed

DII’s review identified at least 20 wrongful-conviction cases involving material digital evidence, including 12 involving historical cell-site evidence where defense review was weak, incomplete, or otherwise insufficient.

Historical cell-site evidence is an important priority, but the opportunity is broader. Older cases may also involve incomplete extractions, missing technical information, damaged devices, or evidence that can now be evaluated differently because technology and technical knowledge have advanced.

That leads to an important question:

What can current technology, current technical knowledge, or previously missing information reveal now?

Explore Post-Conviction Digital-Evidence Review

Start Before the Evidence Is Lost

A forensic expert cannot examine evidence the defense never identified or obtained.

Facts win cases. Digital-evidence readiness gives the defense a better chance to find them.

Explore the Framework and Read the Paper

Access Free Toolbox Resources