Anyone used their food diary or activity tracker as evidence?

stevenleagle

Interesting article found this morning.

http://www.smh.com.au/digital-life/digital-life-news/fitness-tracking-data-in-courts--persuasive-but-not-conclusive-20141124-11t3my.html

Have any of you sought to rely upon your food diary or activity tracker in a court of law?

JenniDaisy

After reading the title, I was going to come here and post all sarcastically 'what! in a court of law!?'
But that is exactly what this is about

Amanda4change

Interesting article. The one thing that I would be interested in knowing is how they "know" the device is being worn by a specific person (other than someone saying yes this is mine) and how they "know" that the device is being worn 24/7. For example the person in the article using it to show their decrease in activity following an injury, could (in theory) simply remove the fitbit before doing a major activity.

concordancia

I don't even rely on my Jawbone UP for calorie counts, much less anything in a court of law!

Alatariel75

I only just read this artile myself, it's quite interesting. As aribiero659 said, the scope for discrediting the evidence is very wide and would be hugely open to attack. But it may be better than nothing, so I can see why they may run it?

Psychgrrl

Really interesting! Thanks for posting! Especially as some of the partner apps track location as well, via satellite. Maybe they'll add that to the Miranda warning in the US "anything you say or log could be used against you ..."

hortensehildegarde

you'd validate it according to the rules of evidence same as anything else, up to the jury to decide how much weight to give the evidence. Jury is free to believe or not believe any of the evidence presented, same as anything else.

Perjury is perjury, people do it all the time, the fact finder just has to pick how much weight to give any testimony or evidence.

WalkingAlong

There was a tv crime comedy that used that to alibi someone: "She can't be the killer. Her Fitbit said she was sleeping then." I laughed. I think it was The Mysteries of Laura? THAT would no way stand up in court, or with cops. I hope.

LOL at the miranda warning.