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CRIMINAL EVIDENCE WITH MODERN TECHNOLOGY AND ITS IMPACT ON BASIC FREEDOMS IN JORDANIAN LEGISLATION
D. MOHAMMAD MOSTAFA MOHAMMAD AIROUT
Mai rout@meu.edu.jo, mohd_ai rout@yahoo.com Faculty of Law, Middle East University Amman-Jordan- Zip-Code (Postal Address): (11831)
Abstract: This white paper examines the use of modern technology as evidence in criminal proceedings in Jordan and its impact on basic freedoms in the country's legal framework. The paper begins by providing an overview of the Jordanian legal system and the importance of criminal evidence in criminal proceedings. It then explores the limitations of traditional evidence and the increasing importance of modern technology as evidence in criminal investigations.
The paper further examines the types of modern technology used as evidence in Jordan, including digital data and social media, and the admissibility of such evidence in criminal proceedings. The advantages and disadvantages of using modern technology as evidence are also analysed, along with the potential impact on basic freedoms such as the right to privacy, freedom of expression, and the right to a fair trial. Finally, the paper offers recommendations for future developments in legislation to ensure a balance between the benefits of modern technology in criminal proceedings and the protection of individual rights and freedoms. Overall, this paper highlights the importance of evaluating the use of modern technology as evidence in criminal proceedings to ensure a fair and effective criminal justice system that respects the rights and freedoms of individuals in Jordan.
Keywords-- criminal evidence, modern technology, basic freedoms, Jordanian legislation, admissibility, limitations, right to privacy, fair trial, freedom of expression.
1. INTRODUCTION
In Jordan, the use of criminal evidence in legal proceedings has been a critical issue for several decades. The Jordanian Criminal Procedure Law (CPL) summaries the procedures and rules for presenting and gathering indication in the criminal cases (Jordanian Criminal Procedure Law). Although, with the swift development in modern technology, there are new procedures have been arisen which has the possibility of influence on basic rights and freedoms, like the right to sustain personal boundaries and confidentiality, the right to a trial which is directed impartially and fairly, and the right of freedom to direct oneself over any sort of communication. As distinguished by the United Nations Office on Drugs and Crime (2019), the usage of modern technology in criminal inquiries and then proceedings involve vigilant consideration to make sure that fundamental human rights are not desecrated. Criminal evidence plays a vital role in defining the guilt or innocence of a suspected person. Traditionally, criminal evidence in Jordanian courts has relied on eyewitness testimony, physical evidence, and documentation. Nevertheless, with the rapid growth of latest technology, there are types of evidence which can be used in most criminal chronicles have extended containing digital evidences such as Phone records, social media data, and CCTV footage. While the use of modern technology has amplified the efficacy and effectiveness of the criminal investigations, it has also upstretched several questions about its influence on basic freedoms guaranteed by the Jordanian legislation.
A. Background on criminal evidence and technology in Jordan
Jordan follows a legal system which is based on civil law principles, and criminal evidence plays a vital role in criminal proceedings. The permissibility of an evidence is ruled by the Jordanian Criminal
Procedure Law, that sets out firm necessities for the storage, collection, and demonstration of the evidence.
Latterly, the practise of modern technology as evidence turned out to be increasingly significant in criminal proceedings in Jordan. This is mainly because to the wide usage of the digital technology and social media, which has made a lot easier for law-enforcement agencies to collect evidence in certain criminal investigations.
However, usage of the modern technology as indication also increases the concerns for its impact on human rights and basic freedoms. In Jordan, this contains several concerns about potential and the privacy for government censorship and surveillance.
Thus, there is prompt need to assess the effect of modern technology on such criminal evidence and basic freedoms in Jordan, as well as to classify certain ways to steadiness the benefits of that modern technology in the criminal proceedings along with the fortification of individual right and freedoms.
B. Importance of the topic
The topic of criminal evidence with modern technology and its impact on basic freedoms in Jordanian legislation is of significant importance due to several reasons:
I.Firstly, the use of modern technology as evidence in criminal proceedings has become increasingly common in Jordan, making it important to evaluate the impact of this trend on the fairness and effectiveness of the criminal justice system.
II.Secondly, the use of modern technology as evidence can have significant implications for basic human rights and freedoms, including their privacy, freely communication, and the right to a trial that upholds principles of justice and equality.
III.Thirdly, Jordan is a country that places great importance on the rule of human rights and law. As such, it is just important to certify that use of the modern technology as proof is in line with international standards of human rights, and also that the legal agenda of the country is modified to reflect the possible impact of modern technology.
2. TRADITIONAL CRIMINAL EVIDENCE IN JORDAN
However, traditional forms of evidence, such as witness testimony and physical evidence, have limitations that can affect their reliability and accuracy (Al-Momani, 2020). For example, witnesses may be unreliable due to memory biases or intentional lying, while physical evidence can be tampered with or misinterpreted (Al-Momani, 2020). Moreover, the out-dated proofs/evidence may not always be accessible or sufficient enough to create culpability beyond any rational doubt, which is also the standard of compulsory proof in criminal cases (Al-Shalabi, 2020).
Criminal proceedings in the Jordan, out-dated procedures of evidence have played a substantial role in shaping the innocence or guilt of any suspected person. There are several types of evidence which include physical evidence including the samples of DNA, eyewitness testimony, and documentation such as official documents or police reports.
In Jordanian courts, the acceptability of traditional evidence is strictly administrated by a set of regulations and rules, inclusive of the Jordanian Code of Criminal Procedure and Jordanian Penal Code. The rules summarise the criteria for permissibility and also the procedures for bringing evidence in court.
However, traditional evidence has its limitations. Eyewitness testimony, for instance, is subjective and can be influenced by factors such as memory bias or stress. Physical evidence can also be compromised,
destroyed, or altered. On the other side, documentation may not always be available or should be dependent on, especially in cases when there are no official documents or any records to support a claim.
Despite these limitations, traditional evidence continues to play a crucial role in Jordanian criminal proceedings, and its admissibility remains a cornerstone of the legal system. Although, along with the rapid increase of modern technology, those forms of evidence which can be used in the criminal proceedings may have prolonged, hovering many queries for the impact of such developments on basic freedoms pledged by Jordanian legislation.
A. Types of evidence
i.Eyewitness testimony:
Eyewitness testimony is one of the most traditional forms of evidence in Jordanian criminal proceedings. It suggested that the justification of a person who supposed to be witnessed any unusual event or a crime. Jordanians considered the eyewitness testimony is a central source of evidence, mainly in those cases where there is no little document or physical evidence available.
Eyewitness testimony, however, has its limitations. Many researches have indicated that memory is not always dependable, and also eyewitnesses can bring mistakes or be influenced by several factors including anxiety, stress or cognitive biases. There are also factors for example distance. lighting, and also time which can also distress the precision of an eyewitness's testimony.
The Jordanian courts have recognized the limitations of eyewitness testimony, and the admissibility of such evidence is subject to certain criteria. According to the Jordanian Code of Criminal Procedure, for example, stated that the eyewitness testimony should always be accurate and clear in every aspect, and also that the eyewitness should have had a distinct opinion about the incident.
Overall, in Jordanian courts proceedings, eyewitness testimony remains a significant basis of evidence, its permissibility is subject to the suggested strict criteria, and its consistency and precision are frequently challenged.
ii.Physical evidence:
Physical evidence is another traditional form of evidence used in Jordanian criminal proceedings. Pertaining to any distinguishable item, like samples of the DNA, use of weapons or even fingerprints that can be showed in court as an evidence to prove the accused person's guilt or innocence of.
It is often considered that the Physical evidence is more reliable and objective than the eyewitness testimony. However, physical evidence also has its limitations. It can be compromised, destroyed, or altered, and its admissibility is subject to certain criteria and procedures.
In Jordanian courts, the permissibility of a physical evidence is administered by the Penal Code and the Code of Criminal Procedure set by the government. These laws of framework of criteria for permissibility, for example the procedures for presenting evidence in court and the chain of custody of the evidence.
Overall, physical evidence remains an important source of evidence in Jordanian criminal proceedings, and its admissibility is subject to strict criteria and procedures to ensure its reliability and authenticity.
i.Documentation:
This subject to any form of written or recorded information which can be used as an evidence in the criminal proceeding. The examples of documentation containing medical records, police reports, and any official documents like birth certificates or property deeds.
In Jordanian criminal proceedings, documentation option is a central source of evidence, mainly in cases where there is even little or no eyewitness testimony or physical evidence presented. Still, this can also be subject to trials regarding its accuracy, authenticity and reliability, and accuracy.
B. Admissibility of evidence
The admissibility of evidence respects to trials from the opposing party, who can claim that the provided evidence is untrustworthy, inappropriate, or attained illegally. The jury members or judge will eventually resolve whether the given evidence is acceptable or not and can be considered in the case.
Overall, the permissibility of such evidence is a central aspect in the Jordanian criminal proceedings, as it certifies that only legal and reliable evidence is presented in court and painstaking the purpose of innocence or guilt.
C. Limitations of traditional evidence in criminal proceedings
The limitations of traditional evidence can be exacerbated by the complexity of modern criminal cases. Crimes such as cybercrime or financial fraud may not leave a physical or eyewitness trail, making traditional evidence difficult to obtain or present in court.
Overall, while traditional forms of evidence remain a cornerstone of Jordanian criminal proceedings, their limitations highlight the need for alternative sources of evidence and the importance of exploring the role of modern technology in criminal investigations.
To address these limitations, modern technology is increasingly being used to complement traditional forms of evidence in criminal proceedings. Perhaps, digital evidence, for instance social media posts or emails, which can offer important insights into the causes or movements of a suspect. Forensic technology, such as DNA analysis, can also provide more reliable and objective evidence than eyewitness testimony or physical evidence.
3. MODERN TECHNOLOGY AND CRIMINAL EVIDENCE IN JORDAN
Modern technology has transformed the typical way of evidence is collected and granted in the criminal proceedings. Digital evidence, like text messages, emails, along with the social media posts, can offer valuable visions into a suspect's intentions and activities (Al-Hamzi, 2019).
In addition to that, forensic tools, for example facial recognition software and DNA analysis, can also help in identifying accused and link them to crime scenes (Al-Zu'bi, 2021). Though, the permissibility of modern technology evidence in criminal proceedings is a complex issue that requires careful consideration of its reliability, authenticity, and potential impact on basic freedoms and rights (Electronic Frontier Foundation, 2021).
Modern technology has had a significant impact on criminal investigations in Jordan. It has provided a new pedigree of evidence that can complement the traditional forms of evidence, like as mentioned above; physical evidence, eyewitness testimony, and documentation.
Some examples of modern technology used in criminal investigations in Jordan include digital evidence, forensic technology, and surveillance technology. Forensic technology, such as DNA analysis, can provide more objective and reliable evidence than traditional forms of evidence. CCTV cameras are the best tool used in Surveillance technology, which can provide the visual affirmation of criminal activity or even to help track a suspect's movements.
The use of modern technology in criminal investigations has raised concerns about the impact on basic freedoms in Jordanian legislation, such as privacy and due process rights. For example, the collection and then use of digital evidence can be involved in the collection and then processing of the personal
data, which may trespass on privacy rights. Furthermore, the practice of using surveillance technology may also raise questions about the proportionality and legality of the surveillance.
To address these concerns, Jordanian legislation has established guidelines for the use of modern technology in criminal investigations. For instance; in Jordan, their Penal Code and Code of Criminal Procedure summarise the circumstances under which surveillance technology can be castoff, for example the need for a court order, and then rights of suspects regarding the collection and use of digital evidence.
Overall, modern technology has provided new sources of evidence in criminal investigations in Jordan, but its use must be balanced with the protection of basic freedoms in Jordanian legislation. The proper regulation and use of modern technology in criminal investigations can help ensure a fair and just criminal justice system in Jordan.
A. Types of modern technology used as evidence
i.Digital evidence: This type includes any sort of evidence or information which is originate on electronic devices such as smartphones, computers, or any other digital devices. These types can include text messages, emails, posts from social media platforms, and any other online communications that deliver insights into a suspect's motives or activities.
ii.Forensic technology: Forensic technology includes the use of scientific methods to analyse and interpret evidence. This can include DNA analysis, ballistics, or chemical analysis of substances found at a crime scene.
iii.Surveillance technology: This includes the usage of cameras or any other monitoring devices to apprehend visual evidence of any criminal activity or track to a suspect's movements. This must include GPS tracking devices, CCTV cameras, or body-worn cameras.
iv.Biometric technology: Biometric technology includes the use of physical or behavioural characteristics to identify individuals. This can include fingerprint analysis, facial recognition technology, or voice analysis.
v.Artificial intelligence (AI): This can be used to examine large amounts of evidence or data to classify connections or patterns that may be appropriated to the criminal investigation. This can include the use of machine learning algorithms to identify suspicious behaviour or anomalies in financial data.
These types of modern technology can provide valuable evidence in criminal investigations, but their use must be balanced with the protection of basic freedoms and privacy rights in Jordanian legislation.
B. Admissibility of modern technology evidence in criminal proceedings
Overall, for modern technology evidence to be allowable in the criminal proceedings in Jordan, it should be reliable, relevant, and attained in such manner that would not violate the rights of the accused. Specifically, here are some factors that may be considered in determining the admissibility of modern technology evidence:
1. Relevance: The evidence must be relevant to the charges being brought against the accused. This means that the evidence must have some logical connection to the crime in question.
2. Reliability: The evidence must be reliable and trustworthy. This means that the methods used to obtain and analyse the evidence must be scientifically sound and free from error.
3. Admissibility of collection methods: The methods used to collect the evidence must be legal and must not violate the rights of the accused. For example, evidence obtained through an illegal search or seizure may be excluded from evidence.
4. Expert testimony: Expert testimony may be required to establish the relevance and reliability of modern technology evidence. They may be called upon to elucidate how that evidence was analysed, collected, and interpreted.
Overall, the permissibility of modern technology evidence in the criminal proceedings in Jordan subject to on a number of several factors, including the reliability and relevance of the evidence, the validity of the procedures used to attain the evidence, and the rights of the suspect. The proper regulation and use of modern technology evidence can help ensure a fair and just criminal justice system in Jordan.
C. Advantages and disadvantages of using modern technology as evidence Advantages:
1. More accurate and objective: Modern technology can provide more accurate and objective evidence than traditional evidence. For example, analysis of DNA can categorically link to a suspect of a crime scene, provided that undisputable evidence of guilt.
2. Increased efficiency: Modern technology can streamline the evidence collection and analysis process, reducing the time and resources needed to investigate a crime.
3. Enhanced investigative capabilities: Modern technology can enhance the capabilities of law enforcement by providing new avenues for investigating crimes. For example, surveillance technology can capture video evidence that may be useful in identifying suspects or tracking their movements.
4. Preservation of evidence: Modern technology can help preserve evidence that may otherwise be lost or destroyed. For example, digital evidence can be easily copied and stored, ensuring that it is available for future analysis or presentation in court.
Disadvantages:
1. Privacy concerns: The use of modern technology to collect evidence can raise privacy concerns, especially when it involves the collection of personal data or surveillance of individuals.
2. Technical expertise required: The analysis and interpretation of modern technology evidence often require specialized technical expertise, which may not be available to all law enforcement agencies or legal professionals.
3. Potential for errors: Modern technology is not reliable, and this can cause errors while in the collection of evidence, then analysis, and interpretation of evidence. Such as, delusion of DNA proofs can assist to unjustified persuasions.
4. Cost: The technology which is used to be collect evidence can be expensive, and the cost of acquiring and maintaining the necessary equipment and expertise may be prohibitive for some law enforcement agencies or jurisdictions.
Overall, while modern technology can provide valuable evidence in criminal proceedings, its use must be balanced with the protection of basic freedoms and privacy rights, and its limitations and potential for error must be acknowledged.
4. IMPACT OF MODERN TECHNOLOGY ON BASIC FREEDOMS IN JORDANIAN LEGISLATION
In criminal proceedings in the Jordanian court, the usage of modern technology can have a important influence on the basic rights and freedoms undertaken by the Constitution and legislation of the country. Such impact can be both of the sides from negative and positive.
Positive impacts:
a. Enlarged guard of citizens: Modern technology can develop the guard of citizens as long as the "Law enforcement agencies" with the latest tools to inspect and examine crimes.
b. Improved efficacy: The usage of the modern technology can increase the competence of the criminal justice system by rationalising proofs collection and then its analysis, that resulting in more quick and accurate convictions.
c. Upgraded transparency: The usage of the modern technology can improve the transparency in the criminal justice system as provided by certain evidence and falling the potential for any human error or bias.
Negative impacts:
a. Incursion of confidentiality: The usage of the modern technology in collection of the evidence can trespass on the privacy rights of the citizens, specifically when it includes the assembling of personal data or surveillance of any individuals.
b. Confinement on the basic freedoms: The usage of modern technology can also limit basic freedoms, for example; freedom of the expression, association, and then movement. Example of this type can be like; surveillance technology can be used to monitor and limit the events of any individuals or groups.
c. Potential for abuse: The use of modern technology can also provide law enforcement agencies with unprecedented power, which can be abused if not properly regulated. For example, the use of facial recognition technology can lead to false arrests or wrongful convictions if misused.
Overall, the impact of modern technology on basic freedoms in Jordanian legislation depends on the balance between its benefits and its potential for abuse.
A. The entitlement to personal privacy
The entitlement to personal privacy is an ultimate human right that is protected by international law and the Jordanian Constitution (Jordanian Constitution, 2016). Though, the usage of modern technology in the criminal investigations and then its proceedings has the probable to trespass on this right. For example, the usage of tracking devices like GPS, surveillance cameras, and monitoring can be used to monitor suspects' activities without their acquaintance or agreement (Human Rights Watch, 2018).
It is also documented and secured by several national constitutions, like international human rights treaties, and conventions. The right to personal privacy refers to protect their personal life and information from intrusion, scrutiny, or disclosure by others.
In the milieu of criminal proceedings, the right to the privacy can be trespassed upon by the collection and then use of certain personal data, such as browsing history of internet, phone records, or samples of the DNA, as evidence. The usage of the modern technology, like facial recognition software or surveillance cameras, can also trespass on the right to the privacy by noticing individuals' all movements and activities without their consent or knowledge.
It is so significant to understand that it can guard the individual's authority and conceit, and to ensure that they can have the rheostat over their personal information and how it is being used. It is so important for more exercises of human rights like, association, assembly, and freedom of expression.
In Jordanian, the legislation to the right to privacy is secured by the Article 15 of Jordanian Constitution, which states that "the choice and clandestineness of correspondence like electronic communications and telegraphic shall be guaranteed." Moreover, the Personal Data Protection Law of 2018 brings extra protections for personal data, which also include the right to access and regulate one's personal data.
Despite of that, the usage of modern technology as an evidence in the criminal proceedings can elevate questions about the stability amid the need to prevent, the right to privacy, and investigate crimes. The permissibility of the modern technology proof must be assessed against the principles of fairness and right to privacy and the and due process in the criminal proceedings.
B. The freedom from unfair or unjust legal proceedings
The CPL and the cornerstone of Jordanian law both uphold the fundamental human right to a fair and impartial trial (Jordanian Criminal Procedure Law). However, the use of modern technology evidence in criminal proceedings can pose challenges to this right. For example, the use of facial recognition software to identify suspects can be prone to errors and biases, which can result in wrongful arrests and convictions (Article 19, 2019).
The right to a fair trial is an essential human right which is also affirmed and secured by many conventions, national constitutions, and international treaties of human rights. There is also an important component of the constitutional order, which is the right to a fair trial, also ensures that suspected will be represented justly and evidently by the legal system.
In the milieu of criminal proceedings, a right to the fair trial includes many elements, including:
1. Be acknowledged acquitted till confirmed guilty: That means the load of resilient will be on the trial to verify the suspect's guilt beyond a rational doubt.
2. Adequate facilities and time to make a defence: This means that the defendant has the right to access legal assistance and to prepare their defence without undue delay or hindrance.
3. An impartial and independent tribunal: This means that the judge or magistrate overseeing the trial must be impartial and not have a personal interest or bias in the outcome of the trial.
4. The right to be heard: That means the suspect has the right to extant their case, to be heard in the court.
5. The right to encounter evidence: That means the suspect can have the right to trial the permissibility and credibility of the evidence presented by the prosecution.
In Jordanian legislation, the precise to an impartial trial is preserved by the Jordanian Constitution Article 11, which affirmed that "any individual shall have the right to a impartial provisional in front of the legally chosen judge and also in agreement within the law." In addition, the Code of 2019 from Criminal Procedure offers additional guards for suspects, together with the right to an access to legal assistance and also the right to challenge suggestion.
The usage of modern technology as proof in the criminal proceedings ought to be stable contrary to the right to a fair trial. The permissibility of the modern technology evidence obliged to be evaluated based on its relevance, reliability, and whether it is constant with the ideologies of due process and fairness. Furthermore, suspects should have the chance to encounter the permissibility and reliability of modern technology evidence during the test.
C. The entitlement to express oneself freely
This means that connect one's opinions and ideas is an essential human right which is protected and documented by several conventions, national constitutions, and international human rights treaties. The right to freedom of expression allows individuals to share their ideas, express their beliefs without any fear of censorship or persecution.
In milieu of the criminal proceedings, this can be trespassed upon by the laws that interdict certain forms of expression, like hate of speech, defamation, or provocation to viciousness.
In the Jordanian legislation, that is also secured by Jordanian Constitution Article 15, which affirmed that "freedom of expression, opinion, and publication is failsafe in the parameters of the law." However, in Jordan, there are certain limitations on the right to freedom of expression, such as blasphemy and laws criminalizing defamation.
In assessing the permissibility of modern technology evidence in the criminal proceedings, it is significant to reflect the possible effect on the right to freedom of expression. Any kind of limitations on the right to choose of appearance obliged to be barely personalised and reliable with the principles of necessity, legality, and proportionality. Furthermore, suspects must have the chance to encounter the permissibility and reliability of modern technology evidence during the provisions, and the usage of such proofs must not be used as a ruse for trespassing upon the right to freedom of expression.
5. CONCLUSION
In conclusion, the usage of modern technology in the criminal inquiries and chronicles has the possibility to transform the way proof is collected and offered in the Jordanian courts. Though, this must be composed against the want to defend basic rights and freedom, for example the right to confidentiality, the right to a fair experiment, and the right to freedom of countenance. To attain this stability, it is suggested that Jordanian legislation should be rationalised to deliver the clear strategies for the permissibility of modern technology proofs, while also defending fundamental human rights (Al-Zu'bi, 2021).
Permissibility of the modern technology proof in the criminal proceedings can be evaluated based on its relevance, reliability, and consistency with the ideologies of due process and fairness. Defendants must also have the opportunity to challenge the admissibility and credibility of modern technology evidence during the trial.
Overall, it is important to ensure that the use of modern technology as evidence does not lead to the infringement of basic freedoms and human rights in Jordanian legislation. To attain this, it is important to assault a stability between the need of investigation and prosecution crimes and the need to guard individual freedoms and rights.
A. Summary of findings
The white paper explored the impact of modern technology on criminal evidence and basic freedoms in Jordanian legislation. The conclusions of this research discovered that whereas modern technology can deliver the vital assistances for prosecuting and investigating crimes, it can also use as evidence to have significant implications for basic freedoms and human rights.
The paper identified several types of modern technology used as evidence in criminal proceedings, including social media posts, digital communications, and biometric data. Though, the permissibility of these evidence should be assessed which based on its relevance, reliability, and consistency with the principles of due process and fairness.
The paper also highlighted the limitations of traditional evidence in criminal proceedings and the potential advantages and disadvantages of using modern technology as evidence. While the modern technology can propose significant assistances, that can also raise insecurities about privacy and the potential for government censorship and surveillance.
To conclude, this paper highlighted the importance of prominence a stability amid the need to inspect and indict the crimes and then need to protect individual's freedoms and rights. This requires careful evaluation of the admissibility and credibility of modern technology evidence during criminal trials, as well as consideration of the potential impact on basic freedoms and human rights in Jordanian legislation.
B. Recommendations for future developments in legislation
Based on the findings of the white paper, the following recommendations are suggested for future developments in legislation related to modern technology and criminal evidence in Jordan:
1. Develop clear guidelines: To ensure consistency in the admissibility of modern technology evidence, clear guidelines should be developed for its collection, storage, and use in criminal proceedings. Such guidelines should also consider the potential impact of such evidence on basic freedoms and human rights.
2. Enhance legal safeguards: Legal safeguards should be put in place to protect individuals from government surveillance and censorship. This can be achieved through stronger privacy laws and the establishment of independent oversight bodies to ensure that the use of modern technology evidence follows human rights standards.
3. Provide training and education: Judges, lawyers, and law enforcement officials should receive adequate training and education on the collection, storage, and use of modern technology evidence in criminal proceedings. This will make sure to have the required data and assistances to further evaluate the permissibility and reliability of such evidence.
4. Encourage research and development: There should be continued research and development of modern technology to improve its reliability and accuracy in criminal proceedings. That also includes the advancement of innovative technologies to gather, store, and then the use of evidence.
5. Foster international cooperation: International cooperation and information sharing can help to enhance the effectiveness of modern technology in criminal proceedings, while also ensuring that human rights are protected. Jordan should engage in international partnerships and collaborations to ensure that its legislation and practices are in line with international human rights standards.
By implementing these recommendations, Jordan can ensure that the use of modern technology evidence is balanced against basic freedoms and human rights, while also promoting the effectiveness and fairness of criminal proceedings.
REFERENCES:
[1] Jordanian Criminal Procedure Law
[2] United Nations Office on Drugs and Crime. (2019). Collection, Preservation and Presentation of Evidence for Criminal Proceedings in Jordan. Retrieved from https://www. unodc. org/documents/justice-and-prison-reform/criminal-justice/Collection_Preservation_and_Presentation_of_Evidence_for_Criminal_Proceedings_in_ Jordan.pdf
[3] Human Rights Watch. (2018). Jordan: New Cybercrime Law Limits Free Expression. Retrieved from https://www.hrw.org/news/2018/06/14/jordan-new-cybercrime-law-limits-free-expression
[4] Article 19. (2019). Jordan: Human Rights Violations in the Name of Counterterrorism. Retrieved from https://www.article19.org/resources/jordan-human-rights-violations-name-counter-terrorism/
[5] Electronic Frontier Foundation. (2021). Social Media and Law Enforcement: Who Gets What Data and When? Retrieved from https://www.eff.org/pages/social-media-and-law-enforcement
[6] Al-Hamzi, M. H. (2019). The Admissibility of Electronic Evidence in Jordanian Courts: The Current State and Prospects. Journal of Legal Studies, 26(2), 157-178. doi: 10.12816/0046372
[7] Al-Momani, M. A. (2020). The Impact of the Cybercrime Law on Human Rights in Jordan. Arab Law Quarterly, 34(3), 284-306. doi: 10.1163/15730255-bja10014
[8] Al-Shalabi, H. (2020). The Use of Social Media Evidence in Jordanian Courts: Legal and Procedural Challenges. Arab Law Quarterly, 34(2), 188-209. doi: 10.1163/15730255-bja10005
[9] Al-Zu'bi, Z. (2021). The Impact of Electronic Evidence on the Fairness of Criminal Proceedings in Jordan. Journal of Law and Politics, 5(1), 1-19. doi: 10.11648/j.lp.20210501.11
[10] Jordanian Constitution. (2016). Chapter Two: Rights and Freedoms. Retrieved from https://www. constituteproject. org/constitution/Jordan_2016.pdf
