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Computer Expert Witness and Alternative Reasons for Possession of Child Porn


There are rare occurrences where a defendant in a criminal case of possession of child pornography may have a defensible strategy, and these situations often lead to the hiring of a computer expert witness to corroborate. With the expert witness, the defendant may prove that he or she has no intention of obtaining such material, and the circumstances will excuse him from the charges.
Any instance of possession of child pornography may end in time behind bars. Incarceration is usually the sentence for the conviction, and without an experienced lawyer and a computer expert for images and video on a machine, winning the case is difficult. However, through a strong criminal defense team, the accused may explain to the judge or jury how the possession was not his or hers. It is imperative in explaining the problem away with corroboration through expert testimony and details. With a lawyer hired early, it is possible to create a defense strategy for higher chances of a successful outcome.

The Case of Child Pornography

Possession of images and video of children below the legal age having provocative poses and in the act of sexual activity is illegal. The laws of the United States include any instances of possession, trading, purchasing, distributing and shipping these media to others or by the individual as an illegal act. Breaking the law in this manner usually starts with an arrest and ends with incarceration through conviction in a court of law. The prosecution will prove that the person has the media intentionally, but the defense lawyer will need to prove that he or she did not intend to possess or even look at such material.

Defenses for Possession of Child Pornography

Building a criminal defense against charges of possession may require the use of a computer expert. The accused may provide a plea of not guilty for various reasons. However, connecting the crime with a computer expert to analyze the images and how they became part of the history could show the courtroom through an explanation that the accused is actually innocent. He or she could acquire a virus that promulgated the images of child porn throughout the computer. Additionally, the images or video capture could embed through a trojan or worm. A particularly malevolent person may use a worm to create a backdoor into the computer and push images or video into the machine.

Using such defenses are necessary to fight against the charges. However, an expert with the proper software and equipment may discover if the charges are baseless or valid. He or she will need to analyze the computer and determine how the images or video appeared on the hard drive. If the defendant is telling the truth, there should exist a way to discover this. However, the download history or other intentional activity to seek the images will also expose his or her guilt. An expert hired for the defense will help through methods of extraction or analysis and testify to the courts that the accused did not intend to possess or acquire any child pornography.

Refuting Charges and the Expert

The defendant in a criminal process that faces charges of possession of child pornography will need an expert to describe how he or she is not at fault. The expertís analysis of the computer will provide a way out of the charges and possible conviction.

However, the defendant may face further complications if the jury becomes biased or swayed by the prosecutionís statements. Then, the accused will need to scramble and successfully refute the charges. Character witnesses, the expertís testimony and a full understanding of how he or she did not intentionally acquire the evidence could increase chances of a successful outcome.

The expertís task of proving that the computer is at fault or that someone pushed the defendant into the situation is crucial. The expert may need to clear up confusion, explain how the computer could receive the media without the permission or consent of the user and reeducate the jury or judge about the case. The testimony of the expert is critical in refuting the charges and defending the accused from severe sentencing consequences.

The Computer Expertís Testimony in Child Pornography

There are many ways to show that the accused is guilty. However, the defendantís legal team needs to shine doubt on the possession of the media. It is possible through describing how the computer or other machine received the images or video through an infection.


While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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